LABOUR COURT

UNDER
M.R.T.U AND P.U.L.P
ACT 1971

PROJECT PREPAIRED BY:-

TUKARAM SHRIRANG LAD
ROLL NO 19/131
1st Year LLB
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

INDEX
SR. PAGE
NO
NAME OF THE TOPIC NO
1 INTRODUCTION 3
2 DEFINITIONS OF MRTU & PULP ACT 4
3 OBJECTIVES OF MRTU & PULP ACT 1971 5
4 EXTENT, COMMENCEMENT AND 6
APPLICATION
5 CONDITIONS MRTU & PULP ACT 1971 7
PASSED
6 WHAT IS UNFAIR LABOR LAWS ? 9
7 CONSTITUTION OF LABOUR COURT 10
8 POWERS OF LABOUR COURTS ARE: 11
9 POWERS OF LABOUR COURT IN RELATION 12
TO OFFENCES.
10 DUTIES OF LABOUR COURT 12
11 LABOUR COURT FOR DECLARATION OF 13
WHETHER STRIKE OR LOCK-OUT IS ILLEGAL
12 POWERS AND PROCEDURE OF LABOUR 14
COURTS IN TRIALS.
13 15
POWERS OF LABOUR COURT TO IMPOSE
HIGHER PUNISHMENT.
14 CONCLUSION 16

LABOUR LAW 2
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

INTRODUCTION

Maharashtra Recognition of trade unions and

prevention of unfair labor laws practices act 1971 sanctioned by the
government of India for regulations of industries in the country to
attain the goal of empathetic between employee and employer.
This act figures on the incidence of the strike, lockout,
illegally declared, economizing, terminating a workman. Under such
circumstances, Industrial act can be closely related and several other
problems between employee and employer.
In such unwanted issues of industry, the industrial act,
MRTU and PULP Act 1971 against ULPs are provided.

LABOUR LAW 3
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

DEFINITIONS OF MRTU & PULP ACT

Some important terms under section 3 of the MRTU &

PULP Act 1971

1. Bombay Act

A Bombay act states to Bombay industrial relates act, 1946

(section 3, Clause 1)

2. Central Act

Central act mentions to industrial disputes act, 1947

(section 3, Clause 2)

3. Employee

An employee refers as a workman to industry (section 3,

clause 5)

4. Employer

An employer states relation to industry ad employee

(section 3, clause 14)

5. Labour Court

A labour court establishes in section 6 (section3, clause 10).

LABOUR LAW 4
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

OBJECTIVES OF MRTU & PULP ACT 1971

 To offer rights of trade unions

 To abolish industrial disputes

 To prevention against certain ULPs

 To provide announcing of lock-outs and strikes

 To provide powers to unrecognized unions

 To provide a safeguard to unions

 To consensus recognition to trade unions

 To enforce this act

LABOUR LAW 5
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

  EXTENT, COMMENCEMENT AND APPLICATION

(1) This Act extends to the whole of the State of
Maharashtra.

(2) It shall come into force on such date as the State

Government may, by notification in the Official Gazette,
appoint; and different dates may be appointed for
different areas and for different provision of this Act.

(3) Except as otherwise hereinafter provided, this Act shall

apply to the industries to which the Bombay Industrial
Relations Act, 1946, Bom. XI of 1947, for the time being
applies, and also to any industry as defined in clause (j)
of section 2 of the Industrial Disputes Act, 1947, XIV of
1947, and the State Government in relation to any
industrial dispute concerning of such industry is the
appropriate Government under that Act.
Provided that, the State Government may, by notification
in the Official Gazette, direct that the provisions of this Act shall
cease to apply to any such industry from such date as may be
specified in the notification; and from that date, the provisions of this
Act shall cease to apply to that industry and, thereupon, section 7 of
the Bombay General Clauses Act, 1904, Bom. I of 1944, shall apply to
such cess or, as if this Act has been repealed in relation to such
industry by a Maharashtra Act.

LABOUR LAW 6
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

CONDITIONS MRTU & PULP ACT 1971 PASSED

To resolve industrial disputes India took initiative for
passing that law which fashions equilibrium between employee and
employers to improve industrial growth. The government of
Maharashtra made a strong report and led the following
circumstances.

 They believed strong development befall if autonomous

and responsible unions in order and atmosphere free from
coherent labour practices. There was no operative
legalization to provide gratitude to unions apart from the
industrial action, 1946 which was applied to a few
companies. Therefore, in 1968, the government of
Maharashtra allotted a tripartite committee underneath
the chairmanship of a president of the industrial court to
describing the relationship of the employee with employers
in industries, this takes as unfair labour practices. After
that, the committee has submitted a report to the state.
The state their points and after a long struggle their hard
work became successful and this generates major changes
in industrial relations.

LABOUR LAW 7
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

 During this period, the committee noticed, the designated

system has not been accepted legally, a Bombay industrial
act. The Unfair labour practices have not been collected
with bargainings. The committee has collected all the
information which activities an employee should need in
the industry. The task was difficult to prepare a list of unfair
labour practices. They have gathered information from
Tribunals and courts, which clearly depicts the image of
unfair labour. They covered a large set of information in
one place and felt workable metaphors of the expressions
is essential.

After taking this report in deliberation, they decided

to generate strong law for unfair labour practices to expedite
unions from uncertain unfair practices. The Government of
Maharashtra also gave importance to produce sovereign machinery
to form dual actions recognition and enforcing provisions of the
union. Hence, the state passed the MRTU and PULP Act 1 February
1971. This applies to all industries of Bombay for both employee
and employer in 1972.

LABOUR LAW 8
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

WHAT IS UNFAIR LABOR LAWS ?

Labour laws protect the rights of employees. The primary function of

labor laws to deliver employee safe working place, mental peace, and
physical safety.

Unfair labor laws consider when actions taken by employers disrupt

National Labour Relations Act of 1935, section 8. NLRA investigate such
acts to give employees to improve their surroundings with their
employers by developing union. NLRA also establishes the rules for
union elections, collective bargaining and more. They also prohibit
employers to do interfere in employee rights to create equilibrium
between both union and employers. Such actions are known as unfair
labor laws practices.

LABOUR LAW 9
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

LABOUR COURT

CONSTITUTION OF LABOUR COURT:-

A labor court is a governmental judiciary body
which rules on labor or employment-related matters and disputes.
In a number of countries, labor cases are often taken to separate
national labor high courts. Other states, such as the United States,
possess general non-judiciary labour relations boards which govern
union certifications and elections.
The State Government shall, by notification in the
Official Gazette, constitute one or more Labour Courts, having
jurisdiction in such local areas, as may be specified in such
notification, and shall appoint persons having the prescribed
qualifications to preside over such Courts.
Provided that, no person shall be so appointed,
unless he possesses qualifications (other than the qualification of
age), prescribed under Article 234 of the Constitution for being
eligible to enter the judicial service of the State of Maharashtra;
and is not more than sixty years of age.

LABOUR LAW 10
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

POWERS OF LABOUR COURTS ARE:

 Discharge or grant of relief to workmen who are

wrongfully employed or dismissed.

 To determine the illegality of a strike or deadlocks.

 Customary concession or privileges are withdrawn by

this court.

 Within the specified period the order referring to the

dispute, its report is to be submitted to the

appropriate government, whenever an industrial

dispute adjudicating by the labour court.

LABOUR LAW 11
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________

POWERS OF LABOUR COURT IN RELATION TO

OFFENCES. –
(1) A Labour Court shall have power to try offences
punishable under this Act.
(2) Every offences punishable under this Act shall be
tries by a Labour Court within the limits of whose
jurisdiction it is committed.

DUTIES OF LABOUR COURT

LABOUR LAW 12
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________
It shall be the duty of the Labour Court to decide
complaints relating to unfair labour practices described in item
1 of Schedule IV and to try offences punishable under this Act.

REFERENCE OF LABOUR COURT FOR DECLARATION

WHETHER STRIKE OR LOCK-OUT IS ILLEGAL

(1) Where the employees in any undertaking have proposed

to go on strike or have commenced a strike, the State
Government or the employer of the undertaking may make
a reference to the Labour Court for a declaration that such
strike is illegal.

(2) Where the employer of any undertaking has proposed a

lock-out or has commenced a lock-out, the State
Government or the recognised union or, where there is or
recognised union, any other union of the employees in the
undertaking may make a reference to the Labour Court for
a declaration whether such lock-out will be illegal.

(3) No declaration shall be made under this section, save in

the open Court.

LABOUR LAW 13
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________
(4) The declaration made under this section, shall be
recognised as binding, and shall be followed in all
proceedings under this Act.

(5) Where any strike or lock-out declared to be illegal under

this section is withdrawn within forty-eight hours of such
declaration, such strike or lock-out shall not, for the
purposes of this Act , be deemed to be illegal under this Act.

POWERS AND PROCEDURE OF LABOUR COURTS IN

TRIALS.
In respect of offences punishable under this Act,
a Labour Court shall have all the powers under the Code of
Criminal Procedure, 1898, V of 1898, of Presidency Magistrate
in Greater Bombay and a Magistrate of the First Class
elsewhere, and in the trial of every such offence, shall follow
the procedure laid down in Chapter XXII of the said Code for a
summary trial in which an appeal lies; and the rest of the

LABOUR LAW 14
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________
provisions of the said Code shall, so far as may be, apply to such
trial.

POWERS OF LABOUR COURT TO IMPOSE HIGHER

PUNISHMENT.
Notwithstanding anything contained in section
32 of the Code of Criminal Procedure, 1898, V of 1898, it shall
be lawful for any Labour Court to pass any sentence authorised
under this Act in excess of its powers under section 32 of the
said Code.

CONCLUSION
The main reason for introducing this act is to
generate a balance between relations of unions and employers
in the industry. The industrial disputes are drawn-out, political
and even administrative. After a great struggle, this law got the
legal address.

LABOUR LAW 15
 LABOUR COURT UNDER
M.R.T.U AND P.U.L.P ACT 1971.
LLB 1ST YEAR, TUKARAM SHRIRANG LAD, ROLL NO-19/131, SUB- LAW OF TORT
___________________________________
Before the MRTU and PULP Act 1971, the industrial disputes
were large and takes a long time to resolve. This simply affects
the growth of industries. But after this act, the cases become
less and industrial disputes diminish, hence business growth
elevated.

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