Please provide details for the following:
1. OIL & GAS PRIVATE COMPANIES. WHO IS THE APPROPRIATE AUTHORITY - CENTRAL OR STATE GOVT. UNDER M.W. ACT, ID ACT, CONTRACT LABOUR ACT. PLEASE PROVIDE DETAILS
2. BY OR UNDER THE AUTHORITY OF CENTRAL GOVT. MEANING AND SIGNIFICANCE FOR APPROPRIATE GOVT. AUTHORITY under M.W., CONTRACT LABOUR, IDA.
From India, Mumbai
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771. OIL & GAS PRIVATE COMPANIES. WHO IS THE APPROPRIATE AUTHORITY - CENTRAL OR STATE GOVT. UNDER M.W. ACT, ID ACT, CONTRACT LABOUR ACT. PLEASE PROVIDE DETAILS
2. BY OR UNDER THE AUTHORITY OF CENTRAL GOVT. MEANING AND SIGNIFICANCE FOR APPROPRIATE GOVT. AUTHORITY under M.W., CONTRACT LABOUR, IDA.
From India, Mumbai
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Dear Mr. C. Neyim Khan,
Greetings...
You may go through the Factories Act and the Industrial Dispute Act to know the industries which are covered by the Central or State Authority. Accordingly, the Central Government would be the "Appropriate Authority" for the Oil & Gas sector.
From India, Pune
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Greetings...
You may go through the Factories Act and the Industrial Dispute Act to know the industries which are covered by the Central or State Authority. Accordingly, the Central Government would be the "Appropriate Authority" for the Oil & Gas sector.
From India, Pune
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Hello, Refer to your query- Please read section 2 (a) of IDA"appropriate government"; CLRA itself a Central Act. Regards, Gajendra Verma
From India
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From India
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Many thanks to Shriman Soumitra Sengupta & Gajendra Verma for quick response c.neyimkhan@gmail.com
From India, Mumbai
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From India, Mumbai
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Dear Mr. Neyimkhan,
The concept of "Appropriate Government" comes into play only when a Labor Law enacted by the Central Government is to be administered by both the Central Government and the State Governments. Hence, the term "Appropriate Govt" has been defined in various central labor laws viz., (1) the Apprentices Act, 1961, (2) BOCW Act, 1996, (3) Child Labor Act, 1986, (4) CLRA Act 1970, (5) EPF Act, 1952, (6) ESI Act, 1948, (7) Employment Exchanges Act, 1959, (8) ER Act, 1976, (9) ID Act, 1947, (10) IE(SO) Act, 1946, (11) Inter-state Migrant Workmen Act, 1979, (12) MB Act, 1961, (13) MW Act, 1948, (14) PB Act, 1965, (15) PG Act, 1972, (16) PW Act, 1936, and (17) Trade Unions Act, 1926. If I remember correctly, the definition of the term "App Govt" under the Industrial Disputes Act, 1947, has been adopted by reference in the BOCW Act 1996, CLRA Act 1970, and the Payment of Bonus Act, 1965, and all other Acts have definitions of their own.
Regarding your first query about the appropriate authority for Oil and Gas Private Companies, let us first start with the definition of the term under the Industrial Disputes Act, 1947. Since the ID Act is concerned with only the resolution of industrial disputes, in respect of any industrial dispute concerning (1) any industry carried on by or under the authority of the Central Govt. (2) any industry carried on by a Railway Company (3) any controlled industry as specified by the Central Govt. (4) Certain specified Corporations mentioned therein (so far 17 in total) (5) a Banking Company (6) an Insurance Company (7) a mine (8) an Oil-field (9) a Cantonment Board and (10) a Major Port, the Central Govt is the authority and in relation to any other establishments, the State Govt is the authority. Therefore, in respect of the Oil-field owned/run by the Private Company, it is the Central Govt and in respect of its other units like offices, sales centers, storage Facilities, etc., it is the respective State Govts. Since the Contract Labor Act, 1970, adopts the definition of the ID Act, 1947, the position is the same. Similarly, the definition of the term u/s 2(b) specifies the Central Govt as the App. Govt for an oil-field, the minimum wages if any, fixed by the Central Govt would be applicable to the workmen employed in the oil-field and in respect of others, only the State minimum wages would be applicable.
Coming to your second query about the expression "Carried on by or under the authority of the Central Government" found in the definition of the term "App. Govt" in the ID Act, 1947, and the Minimum Wages Act, 1948, respectively, the word "authority" in the phrase should be construed according to its ordinary meaning and therefore it means a legal power given by the Central Govt to another person to act on its behalf. Thus an industry carried on by or under the authority of the Central Govt is a Central Govt industry which may be carried on directly by the Central Govt or by some body or person nominated by the Central Govt for that purpose. This expression, in fact, distinguishes the case of Central Govt. Undertakings registered under the Companies Act, 1956, as they function under the authority of their own constitutions or charter even if their share capital is owned and controlled by the Central Govt.
From India, Salem
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The concept of "Appropriate Government" comes into play only when a Labor Law enacted by the Central Government is to be administered by both the Central Government and the State Governments. Hence, the term "Appropriate Govt" has been defined in various central labor laws viz., (1) the Apprentices Act, 1961, (2) BOCW Act, 1996, (3) Child Labor Act, 1986, (4) CLRA Act 1970, (5) EPF Act, 1952, (6) ESI Act, 1948, (7) Employment Exchanges Act, 1959, (8) ER Act, 1976, (9) ID Act, 1947, (10) IE(SO) Act, 1946, (11) Inter-state Migrant Workmen Act, 1979, (12) MB Act, 1961, (13) MW Act, 1948, (14) PB Act, 1965, (15) PG Act, 1972, (16) PW Act, 1936, and (17) Trade Unions Act, 1926. If I remember correctly, the definition of the term "App Govt" under the Industrial Disputes Act, 1947, has been adopted by reference in the BOCW Act 1996, CLRA Act 1970, and the Payment of Bonus Act, 1965, and all other Acts have definitions of their own.
Regarding your first query about the appropriate authority for Oil and Gas Private Companies, let us first start with the definition of the term under the Industrial Disputes Act, 1947. Since the ID Act is concerned with only the resolution of industrial disputes, in respect of any industrial dispute concerning (1) any industry carried on by or under the authority of the Central Govt. (2) any industry carried on by a Railway Company (3) any controlled industry as specified by the Central Govt. (4) Certain specified Corporations mentioned therein (so far 17 in total) (5) a Banking Company (6) an Insurance Company (7) a mine (8) an Oil-field (9) a Cantonment Board and (10) a Major Port, the Central Govt is the authority and in relation to any other establishments, the State Govt is the authority. Therefore, in respect of the Oil-field owned/run by the Private Company, it is the Central Govt and in respect of its other units like offices, sales centers, storage Facilities, etc., it is the respective State Govts. Since the Contract Labor Act, 1970, adopts the definition of the ID Act, 1947, the position is the same. Similarly, the definition of the term u/s 2(b) specifies the Central Govt as the App. Govt for an oil-field, the minimum wages if any, fixed by the Central Govt would be applicable to the workmen employed in the oil-field and in respect of others, only the State minimum wages would be applicable.
Coming to your second query about the expression "Carried on by or under the authority of the Central Government" found in the definition of the term "App. Govt" in the ID Act, 1947, and the Minimum Wages Act, 1948, respectively, the word "authority" in the phrase should be construed according to its ordinary meaning and therefore it means a legal power given by the Central Govt to another person to act on its behalf. Thus an industry carried on by or under the authority of the Central Govt is a Central Govt industry which may be carried on directly by the Central Govt or by some body or person nominated by the Central Govt for that purpose. This expression, in fact, distinguishes the case of Central Govt. Undertakings registered under the Companies Act, 1956, as they function under the authority of their own constitutions or charter even if their share capital is owned and controlled by the Central Govt.
From India, Salem
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Many thanks to Shri M. Umakanthan Sir for sharing your valuable information on the subject. I have been following your contributions on CiteHR, and they are very informative and useful, especially on IR issues. You have rich experience in the field, and it's great that you are sharing it for the benefit of HR professionals. Thanks to you once again.
3.12.2017
From India, Mumbai
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From India, Mumbai
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Dear Shri M. Umakanthan Sir,
I will be highly obliged if you could share, so far 17 in total as mentioned above, the query of colleagues regarding (3) any controlled industry as specified by the Central Govt. and (4) certain specified Corporations mentioned therein (so far 17 in total).
Please revert.
Regards,
From India, Mumbai
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I will be highly obliged if you could share, so far 17 in total as mentioned above, the query of colleagues regarding (3) any controlled industry as specified by the Central Govt. and (4) certain specified Corporations mentioned therein (so far 17 in total).
Please revert.
Regards,
From India, Mumbai
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Dear Shri M. Umakanthan Sir . Inadvertently I missed to specify to share the list of 17, Certain specified Corporations. Kindly share. Regards,
From India, Mumbai
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From India, Mumbai
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Dear Azim,
You can find them in the definition of the term u/s 2(a) of the ID Act, 1947 itself. They are:
1. Dock Labor Board
2. The Industrial Corporation of India Ltd
3. Employees State Insurance Corporation
4. The Board of Trustees constituted under the Coal Mines PF Act, 1948, or the Central Board of Trustees and State Board of Trustees constituted under the EPF Act, 1952
5. Indian Airlines Corporation and Air India Corporation
6. Life Insurance Corporation of India
7. Oil and Natural Gas Commission
8. Deposit Insurance and Credit Guarantee Corporation
9. Central Warehousing Corporation
10. Unit Trust of India
11. Food Corporation of India
12. International Air Port Authority of India
13. Regional Rural Bank
14. Export Credit and Guarantee Corporation of India
15. Industrial Reconstruction Corporation of India
16. Banking Service Commission
These Corporations are creatures of their own laws passed by the Parliament and as such they are different and distinct from Companies registered under the Companies Act, 1956.
The term "Controlled Industry" mentioned in the definition has been defined u/s 2(ee) of the ID Act. The industries, the control of which the Union Govt by a Central Act may declare to be expedient in the public interest, will fall within the purview of this definition. Schedule I to the Industries (Development & Regulation) Act, 1951 gives the list of such controlled industries.
From India, Salem
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You can find them in the definition of the term u/s 2(a) of the ID Act, 1947 itself. They are:
1. Dock Labor Board
2. The Industrial Corporation of India Ltd
3. Employees State Insurance Corporation
4. The Board of Trustees constituted under the Coal Mines PF Act, 1948, or the Central Board of Trustees and State Board of Trustees constituted under the EPF Act, 1952
5. Indian Airlines Corporation and Air India Corporation
6. Life Insurance Corporation of India
7. Oil and Natural Gas Commission
8. Deposit Insurance and Credit Guarantee Corporation
9. Central Warehousing Corporation
10. Unit Trust of India
11. Food Corporation of India
12. International Air Port Authority of India
13. Regional Rural Bank
14. Export Credit and Guarantee Corporation of India
15. Industrial Reconstruction Corporation of India
16. Banking Service Commission
These Corporations are creatures of their own laws passed by the Parliament and as such they are different and distinct from Companies registered under the Companies Act, 1956.
The term "Controlled Industry" mentioned in the definition has been defined u/s 2(ee) of the ID Act. The industries, the control of which the Union Govt by a Central Act may declare to be expedient in the public interest, will fall within the purview of this definition. Schedule I to the Industries (Development & Regulation) Act, 1951 gives the list of such controlled industries.
From India, Salem
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