Unfair labour practice

Prohibition of unfair labour practice under section 25(T) states that no employer or workman or a trade union shall commit any unfair labour practices. The fact that the trade union is registered under the Trade Unions Act, 1926 or not is immaterial.

Section 25 (U) states the penalty for committing unfair labour practices, A person shall be punishable with imprisonment if he commits any unfair labour practices. The term might extend to six months or fine is applicable which might extend to one thousand rupees or both.

Procedure to file a complaint relating to unfair labour practice under the MRTU and PULP is mentioned in section 28 of the Act -

• If any person has involved or is engaging in any unfair labour practice, a complaint is to be filed within 90 days of such discovery. Any union, employee, or Investigating Officer can file the complaint. They can file a complaint after the occurrence of unfair labour practices. It should be filed before a competent court as given under Section 5 or Section 7 of the act. If the complainant shows a good reason for the late filing of the complaint, then the court may consider it.
• The court under sub-section (1), on receipt of a complaint, may first cause an investigation if it deems it necessary. Such complaint is to be made by the Investigating Officer. It is to be instructed that a report in the matter may be submitted by him to the Court. It is to be submitted within the period specified in the direction.
• The Investigating Officer might visit the undertaking, the place where practice alleged is said to have occurred. He may make such inquiries as he considers necessary. He may also make efforts to promote settlement of the complaint at the time investigation.
• The Investigating Officer shall offer its report to the court under sub-section (4).  This is done after investigating the complaint and submitted within the time specified. It should state all facts of the case, and the efforts made by him in resolving the complaint.
• The Court shall provide a copy of the report to the complainant and the person complained against. It is done on request and on sum of such fee as may be prescribed by rules.
• The Court shall advance to give its decision in a case where the facts and circumstances necessitate the matter to be considered further. This is done on receipt of the report of the Investigating Officer.
• The decision of the Court shall be in the form of an order and shall also be in writing. The order of the Court shall be final.
• The court shall publish its order in such manner as may be prescribed for such. The order of the Court is to become enforceable from the date specified in the order.
• The Court shall provide a proper copy of its order to the State Government. It can forward such copy to concerned officers of the State Government as may be prescribed in the act.