[33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of
proceedings.—
(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of
any proceeding before 2[an arbitrator or] a Labour Court or Tribunal or National Tribunal in respect of an industrial
dispute, no employer shall,—
(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in
such dispute, the conditions of service applicable to them immediately before the commencement of such
proceeding; or
(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise,
any workmen concerned in such dispute,
save with the express permission in writing of the authority before which the proceeding is pending.
(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in
accordance with the standing orders applicable to a workman concerned in such dispute 3[or, where there are no
such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the
workman],—
(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that
workman immediately before the commencement of such proceeding; or
(b) for any misconduct not connected with the dispute, or discharge or punish, whether by dismissal or
otherwise, that workman:
Provided that no such workman shall be discharged or dismissed, unless he has been paid wages for one
month and an application has been made by the employer to the authority before which the proceeding is
pending for approval of the action taken by the employer.
(3) Notwithstanding anything contained in sub-section
(2), no employer shall, during the pendency of any such
proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such
dispute—
(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him
immediately before the commencement of such proceedings; or
(b) by discharging or punishing, whether by dismissal or otherwise, such protected workman,
save with the express permission in writing of the authority before which the proceeding is pending.
Explanation.—For the purposes of this sub-section, a “protected workman”, in relation to an establishment,
means a workman who, being 4[a member of the executive or other office bearer] of a registered trade union
connected with the establishment, is recognised as such in accordance with rules made in this behalf.
(4) In every establishment, the number of workmen to be recognised as protected workmen for the purposes of
sub-section
(3) shall be one per cent. of the total number of workmen employed therein subject to a minimum
number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid
purpose, the appropriate Government may make rules providing for the distribution of such protected workmen
among various trade unions, if any, connected with the establishment and the manner in which the workmen may be
chosen and recognised as protected workmen.
(5) Where an employer makes an application to a conciliation officer, Board, 2[an arbitrator, a] labour Court,
Tribunal or National Tribunal under the proviso to sub-section
(2) for approval of the action taken by him, the
authority concerned shall, without delay, hear such application and pass, 5[within a period of three months from the
date of receipt of such application], such order in relation thereto as it deems fit:]
1. Subs. by Act 36 of 1956, s. 21, for section 33 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 18 (w.e.f. 19-12-1964).
3. Ins. by s. 18, ibid. (w.e.f. 19-12-1964).
4. Subs. by Act 45 of 1971, s. 5, for “an officer” (w.e.f. 15-12-1971).
5. Subs. by Act 46 of 1982, s. 17, for “as expeditiously as possible” (w.e.f. 21-8-1984).
57
1
[
Provided that where any such authority considers it necessary or expedient so to do, it may, for
reasons to be recorded in writing, extend such period by such further period as it may think fit:
Provided further that no proceedings before any such authority shall lapse merely on the ground that
any period specified in this sub-section had expired without such proceedings being completed.]
2
[33A. Special provision for adjudication as to whether conditions of service, etc., changed
during pendency of proceedings.—Where an employer contravenes the provisions of section 33 during
the pendency of proceedings 3[before a conciliation officer, Board, an arbitrator, a Labour Court, Tribunal
or National Tribunal], any employee aggrieved by such contravention, may make a camplaint in writing,
5
[in the prescribed manner,—
(a) to such conciliation officer or Board, and the conciliation officer or Board shall take such
complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and
(b) to such arbitrator, Labour Court, Tribunal or National Tribunal and on receipt of such
complaint, the arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, shall
adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance
with the provisions of this Act and shall submit his or its award to the appropriate Government and
the provisions of this Act shall apply accordingly.]]
4
[33B. Power to transfer certain proceedings.—
(1) The appropriate Government may, by order in
writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a
Labour Court, Tribunal or National Tribunal and transfer the same to another Labour Court, Tribunal or
National Tribunal, as the case may be, for the disposal of the proceeding and the Labour Court, Tribunal
or National Tribunal to which the proceeding is so transferred may, subject to special directions in the
order of transfer, proceed either de novo or from the stage at which it was so transferred:
Provided that where a proceeding under section 33 or section 33A is pending before a Tribunal or
National Tribunal, the proceeding may also be transferred to a Labour Court.
(2) Without prejudice to the provisions of sub-section
(1), any Tribunal or National Tribunal, if so
authorised by the appropriate Government, may transfer any proceeding under section 33 or section 33A
pending before it to any one of the Labour Courts specified for the disposal of such proceedings by the
appropriate Government by notification in the Official Gazette and the Labour Court to which the
proceeding is so transferred shall dispose of the same.
5
[33C. Recovery of money due from an employer.—
(1) Where any money is due to a workman
from an employer under a settlement or an award or under the provisions of 6[Chapter VA or Chapter
VB], the workman himself or any other person authorised by him in writing in this behalf, or, in the case
of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery,
make an application to the appropriate Government for the recovery of the money due to him, and if the
appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to
the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:
Provided that every such application shall be made within one year from the date on which the money
became due to the workman from the employer:
Provided further that any such application may be entertained after the expiry of the said period of
one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making
the application within the said period.
(2) Where any workman is entitled to receive from the employer any money or any benefit which is
capable of being computed in terms of money and if any question arises as to the amount of money due or
as to the amount at which such benefit should be computed, then the question may, subject to any rules
1. Ins. by Act 46 of 1982, s. 17 (w.e.f. 21-8-1984).
2. Ins. by Act 48 of 1950, s. 34 and the Schedule.
3. Subs. by Act 46 of 1982, s. 18, for certain words (w.e.f. 21-8-1984).
4. Ins. by Act 36 of 1956, s. 23 (w.e.f. 10-3-1957).
5. Subs. by Act 36 of 1964, s. 19, for section 33C (w.e.f. 19-12-1964).
6. Subs. by Act 32 of 1976, s. 4, for “Chapter VA” (w.e.f. 5-3-1976).
58
that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by
the appropriate Government; 1[within a period not exceeding three months:]
1
[
Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to
do, he may, for reasons to be recorded in writing, extend such period by such further period as he may
think fit.]
(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks
fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to
the Labour Court and the Labour Court shall determine the amount after considering the report of the
commissioner and other circumstances of the case.
(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any
amount found due by the Labour Court may be recovered in the manner provided for in sub-section
(1).
(5) Where workmen employed under the same employer are entitled to receive from him any money
or any benefit capable of being computed in terms of money, then, subject to such rules as may be made
in this behalf, a single application for the recovery of the amount due may be made on behalf of or in
respect of any number of such workmen.
Explanation.—In this section “Labour Court” includes any court constituted under any law relating to
investigation and settlement of industrial disputes in force in any State.]]
STATE AMENDMENT
Assam
Amendment of Section 33-C.—In the principal Act, in section 33-C, in sub-section
(1), for the
words “to the collector who shall proceed to recover the same in the same manner as an arrear of land
revenue” the words “to the Chief Judicial Magistrate having jurisdiction who shall proceed to realize as if
it were a fine imposed by such Magistrate” shall be substituted.
[Vide Assam Act 22 of 2007, s. 3]
Rajasthan
Amendment of section 33C, Central Act 14 of 1947.-In sub-section
(1) of section 33C of the
principal Act, after the expression "Chapter VA", the expression "or under an order issued by the State
Government under section 10K of the Act" shall be inserted.
[Vide Rajasthan Act 14 of 1970, s. 8]
34. Cognizance of offences.—
(1) No Court shall take cognizance of any offence punishable under
this Act or of the abetment of any such offence, save on complaint made by or under the authority of the
appropriate Government.
(2) No Court inferior to that of 2[a Metropolitan Magistrate or a Judicial Magistrate of the first class],
shall try any offence punishable under this Act.
35. Protection of persons.—
(1) No person refusing to take part or to continue to take part in any
strike or lock-out which is illegal under this Act shall, by reason of such refusal or by reason of any action
taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or
penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise
be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at
any disadvantage as compared with other members of the union or society, anything to the contrary in the
rules of a trade union or society notwithstanding.
(2) Nothing in the rules of a trade union or society requiring the settlement of disputes in any manner shall
apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the
Civil Court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to
be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of
compensation or damages as that Court thinks just.
3
[36. Representation of parties.—
(1) A workman who is a party to a dispute shall be entitled to be represented
in any proceeding under this Act by—
1. Ins. by Act 46 of 1982, s. 19 (w.e.f. 21-8-1984).
2. Subs. by Act 46 of 1982, s. 20, for certain words (w.e.f. 21-8-1984).
3. Subs. by Act 48 of 1950, s. 34 and the Schedule, for section 36.
59
(a) 1[any member of the executive or office bearer] of a registered trade union of which he is a member:
(b) 2 [any member of the executive or other office bearer] of a federation of trade unions to which the trade
union referred to in clause
(a) is affiliated;
(c) where the worker is not a member of any trade union, by 2[any member of the executive or other office
bearer] of any trade union connected with, or by any other workman employed in the industry in
which the worker is employed and authorised in such manner as may be prescribed.
(2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding
under this Act by—
(a) an officer of an association of employers of which he is a member;
(b) an officer of a federation of association of employers to which the association referred to in
clause
(a) is affiliated;
(c) where the employer is not a member of any association of employers, by an officer of any
association of employers connected with, or by any other employer engaged in, the industry in which
the employer is engaged and authorised in such manner as may be prescribed.
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation
proceedings under this Act or in any proceedings before a Court.
(4) In any proceeding 2[before a Labour Court, Tribunal or National Tribunal], a party to a dispute
may be represented by a legal practitioner with the consent of the other parties to the proceedings and
3
[with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be].]
4
[36A. Power to remove difficulties.—
(1) If, in the opinion of the appropriate Government, any
difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer
the question to such Labour Court, Tribunal or National Tribunal as it may think fit.
(2) The Labour Court, Tribunal or National Tribunal to which such question is referred shall, after
giving the parties an opportunity of being heard, decide such question and its decision shall be final and
binding on all such parties.]
5
[36B. Power to exempt.—Where the appropriate Government is satisfied in relation to any
industrial establishment or undertaking or any class of industrial establishments or undertakings carried
on by a department of that Government that adequate provisions exist for the investigation and settlement
of industrial disputes in respect of workmen employed in such establishment or undertaking or class of
establishments or undertakings, it may, by notification in the Official Gazette, exempt, conditionally or
unconditionally such establishment or undertaking or class of establishments or undertakings from all or
any of the provisions of this Act.]
37. Protection of action taken under the Act.—No suit, prosecution or other legal proceeding shall
lie against any person for anything which is in good faith done or intended to be done in pursuance of this
Act or any rules made thereunder.
38. Power to make rules.—
(1) The appropriate Government may, subject to the condition of
previous publication, make rules for the purpose of giving effect to the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the powers and procedure of conciliation officers, Boards, Courts, 6[Labour Courts, Tribunals
and National Tribunals] including rules as to the summoning of witnesses, the production of
documents relevant to the subject-matter of an inquiry or investigation, the number of members
necessary to form a quroum and the manner of submission of reports and awards;
1. Subs. by Act 45 of 1971, s. 6, for “an officer” (w.e.f. 15-12-1971).
2. Subs. by Act 36 of 1956, s. 24, for “before a Tribunal” (w.e.f. 10-3-1957).
3. Subs. by s. 24, ibid., for “with the leave of the Tribunal” (w.e.f. 10-3-1957).
4. Ins. by s. 25, ibid. (w.e.f. 10-3-1957).
5. Ins. by Act 46 of 1982, s. 21 (w.e.f. 21-8-1984).
6. Subs. by Act 36 of 1956, s. 26, for “and Tribunals” (w.e.f. 10-3-1957).
60
1
[(aa) the form of arbitration agreement, the manner in which it may be signed by the parties,
2
[the manner in which a notification may be issued under sub-section (3A) of section 10A,] the
powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him;
(aaa) the appointment of assessors in proceedings under this Act;]
3
* * * * *
(b) the constitution and functions of and the filling of vacancies in Works Committees, and the
procedure to be followed by such Committees in the discharge of their duties;
4
[
(c) the salaries and allowances and the terms and conditions for appointment of the presiding
officers of the Labour Court, Tribunal and the National Tribunal including the allowances admissible
to members of Courts, Boards and to assessors and witnesses;]
(d) the ministerial establishment which may be allotted to a Court, Board, 5[Labour Court,
Tribunal or National Tribunal] and the salaries and allowances payable to members of such
establishments;
(e) the manner in which and the persons by and to whom notice of strike or lock-out may be
given and the manner in which such notices shall be communicated;
(f) the conditions subject to which parties may be represented by legal practitioners in
proceedings under this Act before a Court, 3[Labour Court, Tribunal or National Tribunal];
(g) any other matter which is to be or may be prescribed.
(3) Rules made under this section may provide that a contravention thereof shall be punishable with
fine not exceeding fifty rupees.
6
[
(4) All rules made under this section shall, as soon as possible after they are made, be laid before the
State Legislature or, where the appropriate Government is the Central Government, before both Houses of
Parliament.]
7
[
(5) Every rule made by the Central Government under this section shall be laid, as soon as may be
after it is made, before each House of Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in 8[two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions aforesaid] both Houses agree
in making any modification in the rule, or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice to the validity of anything previously
done under that rule.]
9
[39. Delegation of powers.—The appropriate Government may, by notification in the Official
Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation
to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable
also,—
(a) where the appropriate Government is the Central Government, by such officer or authority
subordinate to the Central Government or by the State Government, or by such officer or authority
subordinate to the State Government, as may be specified in the notification; and
1. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
3 Clause (ab) omitted by Act 24 of 2010, s. 8 (w.e.f. 15-9-2010).
4. Subs. by s. 8, ibid., for clause
(c) (w.e.f. 15-9-2010).
5. Subs. by Act 36 of 1956, s. 26, for “or Tribunal” (w.e.f. 10-3-1957).
6. Ins. by Act 36 of 1956, s. 26 (w.e.f. 10-3-1957).
7. Ins. by Act 36 of 1964, s. 20 (w.e.f. 19-12-1964).
8. Subs. by Act 32 of 1976, s. 5, for certain words (w.e.f. 5-3-1976).
9. Subs. by Act 36 of 1956, s. 27, for section 39 (w.e.f. 17-9-1956).
61
(b) where the appropriate Government is a State Government, by such officer or authority
subordinate to the State Government as may be specified in the notification.]
1
[40. Power to amend Schedules.—
(1) The appropriate Government may, if it is of opinion that it is
expedient or necessary in the public interest so to do, by notification in the Official Gazette, add to the
First Schedule any industry, and on any such notification being issued, the First Schedule shall be deemed
to be amended accordingly.
(2) The Central Government may, by notification in the Official Gazette, add to or alter or amend the
Second Schedule or the Third Schedule and on any such notification being issued, the Second Schedule or
the Third Schedule, as the case may be, shall be deemed to be amended accordingly.
(3) Every such notification shall, as soon as possible after it is issued, be laid before the Legislature of
the State, if the notification has been issued by a State Government, or before Parliament, if the
notification has been issued by the Central Government.]
_______________
1. Subs. by Act 36 of 1964, s. 21, for section 40 (w.e.f. 19-12-1964).
62
1
[THE FIRST SCHEDULE
[See section 2
(n)(vi)]
INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (vi) OF
CLAUSE
(n) OF SECTION 2
1. Transport (other than railways) for the carriage of passengers or goods, 2[by land or water];
3
[2. Banking;
3. Cement;
4. Coal;
5. Cotton textiles;
6. Food stuffs;
7. Iron and Steel;
8. Defence establishments;
9. Service in hospitals and dispensaries;
10. Fire Brigade Service;
4
[11. India Government Mints;]
12. India Security Press;
5
[13. Copper Mining;
14. Lead Mining;
15. Zinc Mining;]
6
[16. Iron Ore Mining;]
7
[17. Service in any oilfield,]
8
[***]
9
[19. Service in the Uranium Industry;]
10
[20. Pyrites Mining;]
21. Security Paper Mill, Hoshangabad;
11
[22. Services in the Bank Note Press, Dewas;]
12
[23. Phosphorite Mining;]
13
[24. Magnesite Mining.]
14
[25. Currency Note Press;]
1. Subs. by Act 36 of 1956, s. 29, for the Schedule (w.e.f. 10-3-1957).
2. Subs. by Act 36 of 1964, s. 22, for “by land, water or air” (w.e.f. 19-12-1964).
3. Declared to be Public utility service for six months effective 17-04-2010 vide Notification No. S.O. 760(E), dated 06-04-2010.
4. These entries were added to the Schedule from time to time by notifications issued under section 40 of the Act.
5. Items 13 to 15 added by S.O. 1444, dated 3rd May, 1966.
6. Ins. by S.O. 726, dated 25th February, 1967.
7. Ins. by S.O. 1776, dated 10th May, 1967.
8. Entry 18 omitted by Act 45 of 1971, s. 7 (w.e.f. 15-12-1971).
9. Ins. by S.O. 1471, dated 10th April, 1968.
10. Ins. by S.O. 2061, dated 30th May, 1970.
11. Ins. by S.O. 4697, dated 26th November, 1976.
12. Ins. by S.O. 47, dated 17th December, 1976.
13. Ins. by S.O. 2474, dated 4th September, 1980.
14. Ins.by S.O. 946, dated 7th March, 1981.
63
1
[26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel
oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like;]
2
[27. Service in the Airports Authority of India;]
3
[28. Industrial establishments manufacturing or producing Nuclear Fuel and components, Heavy Water and
Allied Chemicals and Atomic Energy.]
4
[29. 'Processing or production or distribution of fuel gases' (coal gas, natural gas and the like)]
5
[30. Manufacturing of Alumina and Aluminium; and
31. Mining of Bauxite.]
6
[32. Services in the Bank Note Paper Mill India Private Limited, Mysore, Karnataka.]
7
[33. Chemical Fertilizer industry.]
STATE AMENDMENT
Karnataka
Amendment of the First Schedule.—In the First Schedule to the principal Act, after item No. 10,
the following item shall be added namely:—
“11. Oxygen and Acetylene.”
[Vide Karnataka Act 6 of 1963, s. 3.]
Manipur
In the Schedule to the Principal Act, for the word, figures and letter, “Section 120 B”, the words, figures
and letter, “Sections 120 B, 121 to 130” shall be substituted.
[Vide Manipur Act 11 of 1983, s. 4]
1. Ins. by S.O. 4207, dated 20thNovember, 1984.
2. Subs. by Notification No. S.O.1808(E), dated 05-08-2011.
3. Ins. by S.O. 967, dated 8th April, 1995.
4. Subs. by Notification No. S.O.1955(E) dated 20.06.2017
5. Ins. by Notifications No. S.O.143(E), dated 27th June, 2012.
6. Ins.by Notification No. S.O.251(E), dated 25-01-2017.
7. Ins. by Notification No. S.O.6362(E), dated 28-12-2018.
64
THE SECOND SCHEDULE
(See section 7)
MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS
1. The propriety or legality of an order passed by an employer under the standing orders;
2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen including re-instatement of, or grant of relief to, workmen
wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. Illegality or otherwise of a strike or lock-out; and
6. All matters other than those specified in the Third Schedule.
____________
65
THE THIRD SCHEDULE
(See section 7A)
MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS
1. Wages, including the period and mode of payment;
2. Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity;
6. Shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Rules of discipline;
9. Rationalisation;
10. Retrenchment of workmen and closure of establishment; and
11. Any other matter that may be prescribed.
___________________
66
THE FOURTH SCHEDULE
(See section 9A)
CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN
1. Wages, including the period and mode of payment;
2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for the benefit
of the workmen under any law for the time being in force;
3. Compensatory and other allowances;
4. Hours of work and rest intervals;
5. Leave with wages and holidays;
6. Starting, alteration or discontinuance of shift working otherwise than in accordance with standing
orders;
7. Classification by grades;
8. Withdrawal of any customary concession or privilege or change in usage;
9. Introduction of new rules of discipline, or alteration of existing rules, except in so far as they are
provided in standing orders;
10. Rationalisation, standardisation or improvement of plant or technique which is likely to lead to
retrenchment of workmen;
11. Any increases or reduction (other than casual) in the number of persons employed or to be employed
in any occupation or process or department or shift, 1[not occasioned by circumstances over which
the employer has no control].]
______________
1. Subs. by Act 36 of 1964, s. 23, for “not due to forced matters” (w.e.f. 19-12-1964).
67
1
[THE FIFTH SCHEDULE
[See section 2(ra)]
UNFAIR LABOUR PRACTICES
I.—On the part of employers and trade unions of employers
1. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organise, form,
join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or
other mutual aid or protection, that is to say:—
(a) threatening workmen with discharge or dismissal, if they join a trade union;
(b) threatening a lock-out or closure, if a trade union is organised;
(c) granting wage increase to workmen at crucial periods of trade union organisation, with a
view to undermining the efforts of the trade union organisation.
2. To dominate, interfere with or contribute support, financial or otherwise, to any trade union, that is
to say:—
(a) an employer taking an active interest in organising a trade union of his workmen; and
(b) an employer showing partiality or granting favour to one of several trade unions attempting
to organise his workmen or to its members, where such a trade union is not a recognised trade
union.
3. To establish employer sponsored trade unions of workmen.
4. To encourage or discourage membership in any trade union by discriminating against any
workman, that is to say:—
