(1) The Government may make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall immediately after it is made be laid before the Legislature of the State, if it is in session and if it is not in session, in the session
8. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Penalties.
Cognizance of offences.
Trial of offences.
Power to remove difficulties.
Power to review the implementation of the provisions.
Power to make rules.
[Act No.24 of 1998] 29 immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
30 [Act No.24 of 1998] FIRST SCHEDULE (See section 3) NAME OF THE INDUSTRIAL ESTABLISHMENT
1. 9TELANGANA STATE ROAD TRANSPORT CORPORATION.
2. 9TELANGANA STATE ELECTRICITY BOARD.
3. MEDICAL & HEALTH DEPARTMENT.
4. 9TELANGANA DAIRY DEVELOPMENT C0-OPERATIVE FEDERATI0N LIMITED.
5. GOVERNMENT PRINTING PRESS.
6. MUNICIPAL CORPORATION OF HYDERABAD.
7. HYDERABAD METROPOLITAN WATER WORKS.
SECOND SCHEDULE [ See section 19 (1) ] A. RIGHTS OF A RECOGNISED UNION AT THE INDUSTRIAL ESTABLISHMENT LEVEL:- The Union which has been conferred the status of a Recognition Union in respect of an Industrial establishment shall have the right,–
(i) to raise issues and enter into collective agreements with employer on general matters concerning the terms of employment and conditions service of workmen in an industrial establishment:
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.24 of 1998] 31
Provided however, that the Recognised Union shall not be entitled to either raise a demand or to enter into an agreement with the employer if an eligible union has duly made an application under sub-section (1) of section 12 of the Act;
(ii) to collect membership fees/subscriptions payable by members to the union within the premises of the industrial establishment;
(iii) to put up a Notice Board on the premises of the industrial establishment in which its members are employed and affix or cause to be affixed thereon notices relating to meetings, statements of accounts of its income and expenditure and other announcements which are not abusive, indecent or inflamatory or subversive to discipline;
(iv) to hold discussions with the workers who are members of the union at a suitable place or places within the premises of the industrial establishment after consulting the employer;
(v) to discuss with the employer or any person appointed by him for the purpose in respect of the grievances of its members employed in the industrial establishment;
(vi) to inspect by prior arrangement with the employer any place of the industrial establishment where any member of the union is employed;
(vii) to nominate its representatives on the Works Committees constituted under section 3 of the Industrial Disputes Act, 1947;
(viii) to nominate its representatives on shop councils, factory councils/enterprises councils of the industrial Central Act 14 of 1947.
32 [Act No.24 of 1998] establishment, provided that in respect of industrial establishment listed in Schedule-I to this Act the union shall nominate its representatives only to the Enterprise Councils;
(ix) to nominate its representatives on other statutory Committee, if any, to be set up in the industrial establishment;
(x) to appear on behalf of the workman or workmen in any domestic/departmental enquiry held by the employer;
(xi) to obtain from the employer information on any matter connected with the conditions of employment of the workmen therein:
Provided that the rights referred to in this Schedule would be without prejudice to any additional privileges being enjoyed, by Recognised Union at present either by award, agreement or by usage.
B. RIGHTS AND PRIVILEGES OF RECOGNISED UNIONS FOR THE INDUSTRIAL UNIT OF AN INDUSTRIAL ESTABLISHMENT.
In the industrial establishments listed in First Schedule to this Act, the union which has been conferred the status of Recognised Union for an Industrial Unit shall have all the right specified in item (i) to (x) above, subject to the following conditions,-
(i) in respect of raising demands and entering into agreements with the employer, it shall confine itself to matters which are not of general interest having effect on all the workmen of the industrial establishment; for example wages, bonus allowances;
[Act No.24 of 1998] 33
(ii) The Recognised Union shall not be entitled to nominate representatives to the Enterprise Council.
THIRD SCHEDULE [ See section 19(2) ] RIGHTS AND PRIVILEGES OF UNIONS OTHER THAN UNIONS RECOGNISED OPERATING IN THE INDUSTRIAL ESTABLISHMENT.
The unions other than Recognised Unions operating in the industrial establishment have the right,-
(i) to discuss with the employer or any person appointed by him in that behalf, the individual grievances of workmen, who are its members, in respect of the matters relating to discharge, removal retrenchment, termination of service and other disciplinary matters;
(ii) to appeal on behalf of any of its members in any domestic or departmental enquiry held by the employer;
(iii) to nominate its representatives on the shop council, factory council/enterprise council in terms of provisions contained in sub-section (2) of section 27 of the Act.
FOURTH SCHEDULE ( See section 20 ) OBLIGATIONS OF EMPLOYERS:- The employer of an industrial establishment, Industrial Unit shall,-
1. provide to the unions other than the Recognised Unions with copies of any settlement arrived at with the 34 [Act No.24 of 1998] Recognised Union under section 12 (3), 18 (1) of the Industrial Disputes Act, 1947 an application made to him.
2. allow the Recognised Union to inspect any place of the industrial establishment where any of its member is employed.
3. discuss and negotiate with the Recognised Union all matters relating to conditions of service of the workmen on representation made to him.
4. provide information to the Recognised Union on any matter effecting the conditions of employment of workmen.
5. inform all the unions in the industrial establishment in the event of losses for consecutive period of three months.
6. discuss with the worker‟s representatives in the enterprise council causes of such losses and the remedial steps taken.
7. give advance intimation to the enterprise council and factory council of the proposal to apply to the Competent Authority for retrenchment of workers/closures of industrial establishment or any activity; thereof, to enable consideration by the council of possible alternative measures.
FIFTH SCHEDULE [ See section 34 (4) ] A. MATTERS FOR SHOP COUNCILS
(i) Production facilities at the shop level.
[Act No.24 of 1998] 35
(ii) Storage facilities at the shop level.
(iii) Material economy.
(iv) Operation problems.
(v) Wastage control.
(vi) Hazards.
(vii) Safety problem.
(viii) Quality improvement.
(ix) Cleanliness.
(x) Month targets and Production Schedules.
(xi) Cost reduction programmes.
(xii) Welfare measures related particularly to the Shop.
B. MATTERS FOR FACTORY COUNCIL Operational areas:-
(i) Evolution of productivity schemes taking into account the local conditions.
(ii) Planning, implementation.
(iii) Review of monthly targets and schedules.
(iv) Materials supply and its short fall.
(v) Storage and inventories.
36 [Act No.24 of 1998]
(vi) House-keeping.
(vii) Improvements in productivity in general and in critical areas in particular.
(viii) Quality and technological improvements.
(ix) Machine utilisation, Knowledge and development of new products.
(x) Operational performance figures.
(xi) Matters not resolved in the shop council or concerning more than one shop.
(xii) Review of the working of the shop council.
Personnel Matters:-
(i) Absenteeism.
(ii) Initiation and supervision of worker's training programme.
(iii) Administration of special security schemes.
Welfare areas:-
(i) Operational details.
(ii) Implementation of Welfare Schemes.
(iii) Medical benefits and transport facilities.
(iv) Safety measures.
(v) Sports and games.
[Act No.24 of 1998] 37
(vi) Housing.
(vii) Township administration, Canteen etc.,
(viii) Review of social education programmes.
Environmental areas:-
(i) Extension activities and community development projects.
(ii) Pollution control.
C. MATTERS FOR ENTERPRISE COUNCIL Economic and financial areas:
(i) Profit and loss statements, balance sheets.
(ii) Review of operating expenses, financial results, cost of sales.
(iii) Plant performance in financial terms, labour and managerial costs, market conditions etc.
(iv) Matters not resolved in the factory council.
(v) Review of working of factory council.
Note:- Where there is no separate factory council the matters for the factory council will go before the enterprise council.
* * * E:\Uploading PDF Documents\uploading word 1991-2000\1998 - (9)\24 of 1998 The Telangana Industrial Workers (Representation, Participation in Management and Relief) Act, 1998\Index.docx E:\Uploading PDF Documents\uploading word 1991-2000\1998 - (9)\24 of 1998 The Telangana Industrial Workers (Representation, Participation in Management and Relief) Act, 1998\24 of 1998 Act.docx