Name: NEHA RAJKUMAR YADAV

Roll. No: 29
Class: FYLLB
Subject: LABOUR LAW
Title of Research Paper:

NEHA RAJKUMAR YADAV

STUDENT SIGNATURE
DATE:-5 JUNE 2021
PLACE:- KALAMBOLI NAVI MUMBAI
 CERTIFICATE

CLASS-FYLLB.  YEAR - 2020-21

This is to certify that the research work carried out by

Who has worked for the 1st semester of the first year of LL.B
course For the academic year 2020-21.

This is to certify that the research work entitled

which is being submitted by NEHA RAJKUMAR YADAV
as internal assignment for the 1st semester the first year LLB
course for the academic year 2020-21 is an independent and
original research work carried out by her

Mrs. Neha Rajkumar Yadav has worked under my guidance and

supervision to fulfill your requirements for the submission of this
research work.

The conduct of student remained excellent during the period of

research.

DATE:- 5 JUNE 2021

PLACE-KALAMBOLI.NAVI MUMBAI

PROF. 
PLAGIARISM AND COPYRIGHT DECLARATION FORM 

NAME OF THE STUDENT: NEHA RAJKUMAR YADAV

ROLL NUMBER: 29
 
CLASS: FY LLB

SUBMITTED TO: KLE LAW COLLEGE

TOPIC NAME: “Offences and penalities and powers of Labour

Courts and Industrial Courts to try these offences” under the
MRTU and PULPA Act 1971

This is to certify that I, NEHA RAJKUMAR YADAV have done all

the work applying original efforts in my research work title
“Offences and penalities and powers of Labour Courts and
Industrial Courts to try these offences” under the MRTU
and PULPA Act 1971,submitted to KLE society's law college
for the internal assignment in the subject of LABOUR LAW
submitted to KLE LAW COLLEGE on 5 JUNE 2021.

The research work presented is absolutely free from plagiarism

and copyright infringement if any violation of copyright or
plagiarism occurs, it would be my sole responsibility.

NEHA RAJKUMAR YADAV

SIGNATURE

DATE:- 5 JUNE 2021

 ACKNOWLEDGEMENT

The success and final outcome of research paper required a lot of

guidance and assistance from many people and I'm extremely
fortunate to have got all this along with the completion of the
research project.  Whatever I have done is only due to such
guidance and assistance and I would not forget to thank them I
respect and thank KLE College for giving me this opportunity to do
this research work and providing me all support and guidance
which made me complete the research work on time.

I am extremely grateful to her for providing such a nice support

and guidance for converting my thoughts into reality and for
encouragement to prepare the project of what is nuisance and its
types for the research to enhance my ability in the field of law am
really grateful because I managed to complete this assignment 
within the given time. This assignment would not have been
completed without effort and cooperation from my teachers hence
once again I would like to express my gratitude to them.
Research Topic:

“Offences and penalities and powers of Labour Courts and

Industrial Courts to try these offences” under the MRTU
and PULPA Act 1971

About MRTU and PULPA Act 1971

The law identifying with work and job is called Industrial law
or labour law in India. The meaning of MRTU and PULP Act,
1971 is the Maharashtra Recognition of Trade Union and
Prevention of Unfair Labour Practices Act, 1971.

By Government Resolution, Industries, and Labour Department,

No. IDA 1367-LAB-II, dated the 14th Feb 1968 the Government of
Maharashtra appointed a committee called ‘ The committee of
unfair labour practices’ for defining certain activities of
employers and workers and their organisation which should be
taken against employers or workers or their organisations for
engaging in such unfair labour practices. On the basis of the
report submitted by the committee this act was enacted.

It is Maharashtra Act I of 1972. The Act received an assent from

the president on 13th January 1972 and was published in
Maharashtra Government Gazette Part IV on 1st Feb 1972.
Objectives of Maharashtra Recognition of Trade Unions and
Prevention of Unfair Labour Practices Act, 1971
 To provide for the recognition of trade union for facilitating
 collective bargaining for certain undertakings

 To confer certain powers on unrecognised unions

 To provide for declaring certain strikes and lockouts as illegal
strikes and locations
 To define and provide for the prevention of certain unfair
labour practices
 To constitute courts – as independent machinery-
o To carry out the purpose of the Act
o To accord recognition to trade unions and
o To enforce the provision of the act relating to unfair
labour practices
 To provide for matters connected with the above purposes

Authorities Under M.R.T.U.&P.U.L.P.Act,1971

 IndustrialCourt
 LabourCourt
 InvestigatingOfficers

Section 4– INDUSTRIAL COURT–

1. Constituted - The State Government will constitute an
Industrial Court by Notification in the Official Gazette.
2. Composition- The Industrial Court, will consist of at least
three members, one of whom will be the President.
3. Qualifications- Every member of the Industrial Court will be
a person who is or has been a Judge of a High Court or is
eligible for being appointed a Judge of such Court. One
member may be a person who is not so eligible, if he
possesses in the opinion of the State Government expert
knowledge of labor or industrial matters and is not directly
or indirectly connected with the complaint or with the
industry against whom the complaint is made.

Section 5 – Duties of Industrial Court

1. Duty to decide an application by a union for grant of

 recognition to it.
2. Duty to decide an application by a union for grant of
recognition to it in place of a union which has already been
recognised under this Act.
3. Duty to decided an application from another union or
an employer for withdrawal or cancellation of the
recognition of a union.
4. Duty to decide complaints relating to unfair labour
practices except unfair labour practices falling in item 1
of Schedule IV of the Act.
5. Duty to assign work and to give directions to the
Investigating Officers in matters of verification of
membership of unions and investigation of complaints
relating to unfair labour practices.
6. Duty to decide references made to it on any point of law
either by any civil or criminal court.

Duty to decide appeals under section 42 of the MRTU & PULP

Act, 1971 Section 6- LABOUR COURT

1. Constituted -The State Government will constitute one or

more Labour Courts, by Notification in the Official Gazette,
having jurisdiction in such local areas, as may be specified
in such notification, and will appoint persons having the
prescribed qualifications to preside over such Courts .
2. Qualifications- Qualified for being eligible to enter the
judicial service of the State of Maharashtra and is not more
than sixty years of age, as prescribed under Article 234 of
the Constitution of India.

Section 7 – Duties of Labour Courts -

It will 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 the MRTU &
PULP Act, 1971 .

Section 8 - INVESTIGATING OFFICERS -

1. Constituted - The State Government may appoint such
 number of Investigating Officers for any area as it may
consider necessary, by notification in the Official Gazette .
2. Objective & Purpose- The Investigating Officers are
appointed to assist the Industrial Court and Labour Courts
in the discharge of their duties.
Section 9 – Duties of the Investigating Officers –
1. The Investigating Officer will be under the control of the
Industrial Court and will exercise powers and perform
duties imposed on him by the Industrial Court.
2. The Investigating Officer is duty bound to assist the
Industrial Court in matters of verification of membership
of unions and to assist the Industrial and Labour Courts
for investigating into complaints relating to unfair labour
practices.
3. The Investigating Officer is duty bound to report to the
Industrial Court or as the case may be, the Labour Court
the existence of any unfair labour practices in any industry
or undertaking and to report the name and address of the
persons said to be engaged in unfair labour practices and
any other information which the Investigating Officer may
deem fit to report to the Industrial Court or as the case may
be the Labour Court.

POWERS OF THE AUTHORITIES UNDER

MRTU & PULP Act, 1971 - Section 37 –
POWERS OF THE INVESTIGATING OFFICERS
-
1. An Investigating Officer shall exercise the powers conferred
on him by or under this Act, and shall perform such duties
as may be assigned to him, from time to time, by the Court.
2. For the purpose of exercising such powers and performing
such duties, an investigating Officer may, subject to such
conditions as may be prescribed, at any time during
working hours, and outside working hours after reasonable
notice, enter and inspect –
a. any place used for the purpose of any undertaking;
b. any place used as the office of any union;
c. any premises provided by an employer for the
residence of his employees; and shall be entitled to call
for and inspect all relevant documents which he may
deem necessary for the due discharge of his duties and
powers under this Act.
 3. All particulars contained in, or information obtained from,
any document inspected or called for under sub-section (2)
shall, if the person, in whose possession the document was,
so requires, be treated as confidential.
4. An Investigating Officer may, after giving reasonable notice,
convene a meeting of employees for any of the purposes of
this Act, on the premises where they are employed, and
may require the employer to affix a written notice of the
meeting at such conspicuous place in such premises as he
may order, and may also himself affix or cause to be affixed
such notice.
5. The notice shall specify the date, time and place of the
meeting, the employees or class of employees affected, and
the purpose for which the meeting is convened - Provided
that, during the continuance of a lock-out which is not
illegal, no meeting of employees affected thereby shall be
convened on such premises without the employer’s consent.
6. An Investigating Officer shall be entitled to appear in any
proceeding under this Act.
7. An Investigating Officer may call for and inspect any
document which he has reasonable ground for considering
to be relevant to the complaint or to be necessary for the
purpose of verifying the implementation of any order of the
Court or carrying out any other duty imposed on him under
this Act, and for the aforesaid purposes the Investigating
Officer shall have the same powers as are vested in a civil
court under the Code of Civil Procedure, 1908, (V of 1908)
in respect of compelling the production of documents.

Section 38-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.
Section 39- COGNIZANCE OF OFFENCE –
1. The Labour Court will take cognizance of any offence only
on a complaint of facts constituting such offence made by
the person affected thereby or a recognised union or on a
report in writing by the Investigating Officer.

Section 40- 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 provisions of the said Code shall, so far as may be, apply
to such trial.

Section 41- POWERS OF LABOUR COURT TO IMPOSE

HIGHER PUNISHMENT-
Notwithstanding anything contained in section 32 of the
Code of Criminal Procedure, 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.

Section 42- APPEALS-

1. An appeal shall lie to the Industrial Court – (a) against a
conviction by a Labour Court, by the person convicted.
2. An Appeal will lie against an acquittal by a Labour Court
in its special jurisdiction, by the complainant.
3. An Appeal will lie for the enhancement of a sentence
awarded by a Labour Court in its special jurisdiction, by
the State Government.
4. Limitation time of Appeal - Every appeal should be made
within thirty days from the date of the conviction,
acquittal or sentence, as the case may be .
5. Condonation of Delay - The Industrial Court may
 condone or allow an appeal after the expiry of the said
period of 30 days, only when the appellant shows and
gives sufficient reason for the delay in filing an appeal.

Section 43 - POWERS OF INDUSTRIAL COURT. –

1. The Industrial Court in an appeal under section 42 may
confirm, modify, to, or rescind any order of the Labour
Court appealed against; and may pass such order
thereon as it may deem fit.
2. In respect of offences punishable under this Act, the
Industrial Courts shall have all the powers of the High
Court of Judicature at Bombay under the Code of
Criminal Procedure, 1898, V of 1898.
3. A copy of the order passed by the Industrial Court shall be
sent to the Labour Court.
Section 44- INDUSTRIAL COURT TO EXERCISE
SUPERINTENDENCE OVER LABOUR COURTS –
The Industrial Court shall have superintendence over all the
Labour Courts and may –
1. call for returns;
2. make and issue general rules and prescribe forms for
regulating the practice and procedure of such Courts in
matters not expressly provided for by this Act and in
particular, for securing the expeditious disposal of cases;
3. prescribe form in which books, entries and accounts
shall be kept by officers of any such Courts; and
4. settle a table of fees payable for process issued by a
Labour Court or the Industrial Court.

Section 45 -POWER OF INDUSTRIAL COURT TO TRANSFER

PROCEEDINGS –
Power to Withdraw and Transfer any pending proceedings-

The Industrial Court may, by order in writing, and for reasons

to be stated therein, withdraw any proceeding under this Act ,
which is pending before a Labour Court, and transfer the same
to another Labour Court for disposal and the Labour Court to
which the proceeding is so transferred may dispose of the
proceeding, but subject to any special direction in the order of
transfer, proceed either de novo or from the stage at which it
was so transferred.

CASE LAW –

Ashok Vishnu Kate And Ors. V/S M.R. Bhope And Anr. -Bombay
High Court Bench: M. Pendse, S
.Kapadia Date of Judgment - 6 March, 1992

The Division Bench of the Hon’ble Bombay High Court Held

that the Labour Court can entertain complaint of an employee
under item 1 of Schedule IV of the MRTU & PULP Act, 1971 ,
before the employer had discharged and dismissed the
employee, if the grounds of discharge are covered under Item 1
of the Schedule IV of the Act .

M.R. Patil & Anr. V/S The Member, Industrial Court & Anr.
SUPREME COURT OF INDIA CORAM- Bench of Mukherjee &
Kirpal , JJ Date of Judgment-01/04/1997

The Apex Supreme Court Held that the Powers of the Labour
Court to try offences which are punishable within the limits of
whose jurisdiction , it is committed under the Act , as
specifically laid down in Section 39 of the MRTU & Pulp Act,
1971 and will take cognizance of an offence only after receiving
complaint in writing by the aggrieved person or recognized
Union or on a report made by the Investigating Officer.