Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979
Act No : 30
Section : PROVISIONS, REGARDING INDUSTRIAL DISPUTES IN RELATION TO INTER-STATE MIGRANT WORKMEN
SECTION 22: PROVISIONS, REGARDING INDUSTRIAL DISPUTES IN RELATION TO INTER-STATE MIGRANT WORKMEN
- (1) Notwithstanding anything contained in the Industrial Disputes Act, 1947, any dispute or difference in connection with the employment or non-employment or the terms of employment or the conditions of labour, of an inter-State migrant workman (hereinafter in this section referred to as the industrial dispute), may,-
(a) if the industrial dispute is relatable to an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2-, be referred under the provisions of the said Act, by the Central Government to any of the authorities referred to in Chapter II of that Act (hereinafter in this section referred to as the said authorities),-
(i) in the State wherein the establishment is situated;
(ii) in the State wherein the recruitment of such workman was made if he makes an
application in that behalf to that Government on the ground that he has returned to that State after the completion of his employment;
(b) if the industrial dispute is relatable to an establishment referred to in sub-clause (ii) of clause (a) of sub-section
(1) of section 2-,--
(i) be referred under the provisions of the said Act, by the Government of the State wherein the establishment is situated, to any of the said authorities in that State; or
(ii) be referred under the provisions of the said Act, by the Government of the State
wherein the recruitment of such workman was made to any of the said authorities in that
State, if he makes an application in that behalf to that Government on the ground that he has returned to that State after the completion of his employment. Provided that-
(a) no application referred to in sub-clause (ii) of clause (a) or sub-clause (ii) of clause (b) shall be entertained after the expiry of a period of six months from the date of his return to the State wherein the recruitment was made after the completion of his employment unless the Government concerned is satisfied that the applicant was prevented by sufficient cause from making the application within that period;
(b) no reference under the said sub-clause (ii) of clause (b) shall be made except after obtaining the concurrence of the Government of the State wherein the establishment concerned is situated.
(2) Without prejudice to the provisions of section 33B of the Industrial Disputes Act, 1947-, where during the pendency of any proceeding in respect of an industrial dispute under that Act before any of the said authorities in the State wherein the establishment is situated, an application is made to that authority by an inter-State migrant workman for the transfer of such proceeding to a corresponding authority in the State wherein his recruitment was made on the ground that he has returned to that Slate after the completion of his employment, that authority shall forward the application to the Central Government, or, as the case may be, to the Government of the State wherein such recruitment was made and transfer such proceeding in the prescribed manner to such authority as may be specified in this behalf by that Government:
Provided that in a case where no authority has been specified by the Government concerned within the prescribed period, the authority before which the proceeding is pending shall, on a request being made by the inter-State migrant workman and after obtaining the previous approval of a Government which referred the dispute to that authority, forward such proceeding to the Government concerned for reference of such dispute to an authority in the State wherein such recruitment was made.
(3) Without prejudice to the provisions of sub-section (2), if the Central Government is satisfied that it is expedient in the interest of justice so to do, it may, by order in writing and for reasons to be stated therein, withdraw any proceeding in respect of any industrial dispute relating to an inter-State migrant workman pending before an authority in the State in which the establishment concerned is situated and transfer the same to such authority in the State wherein the recruitment of such workman was made as may be specified in the order.
(4) The authority to which any proceeding is transferred under this section may proceed either de novo or from the stage at which it was so transferred.
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