Labour Law & Hr Consultant
Sme-hr & Employment Laws
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 Govt. would be the "Appropriate Authority" for Oil & Gas sector.
2nd December 2017 From India, Pune
Refer to your query- Please read section 2 (a) of IDA"appropriate government"; CLRA itself a Central Act.
2nd December 2017 From India
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 Act1970 (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 correct, the definition of the term "App Govt " under the Industrial Disputes Act,1947 has been adopted by reference in the BOCW Act1996, 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 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.
2nd December 2017 From India, Salem
I have been pursuing your contributions in CiteHR and it is very informative and useful; specially on IR issues. You have rich exp. In the field and Great; you are sharing for the benefit of HR Professionals. Thanks to you once again.
3rd December 2017 From India, Mumbai
I will be highly oblige if you could share so far 17 in total as mentioned above to the query of colleagues (3) any controlled industry as specified by the Central Govt. (4) Certain specified Corporations mentioned therein ( so far 17 in total).
4th December 2017 From India, Mumbai
You can find them in the definition of the term u/s 2(a) of the ID Act,1947 itself. They are (1) a 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 (6) Indian Airlines Corporation and Air India Corporation (7) Life Insurance Corporation of India (8) Oil and Natural Gas Commission (9) Deposit Insurance and Credit Guarantee Corporation (10) Central Warehousing Corporation (11) Unit Trust of India (12) Food Corporation of India (13) International Air Port Authority of India (14) Regional Rural Bank (15) Export Credit and Guarantee Corporation of India (16) Industrial Reconstruction Corporation of India and (17) 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.
4th December 2017 From India, Salem