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CS Executive · Setting Up of Business, Industrial and Labour Laws · Evaluation of Labour Legislation and need of Labour Code

Kaveri Engineering Pvt Ltd, Pune, is accused of an unfair labour practice. The workers' representative says the act is wrong because it is harsh. For the act to fall within the prohibition in Section 84 of the Industrial Relations Code, 2020, what must be shown?

The act must be an unfair labour practice specified in the Second Schedule of the Industrial Relations Code, 2020. Section 84 prohibits only those listed practices, so harshness or a worker's complaint alone does not bring an act within the prohibition.

  1. AThe act is specified in the Second Schedule of the CodeCorrect
  2. BThe act has caused a loss of at least one month's wages to the worker
  3. CThe act has been approved by the appropriate Government
  4. DThe act was committed by a registered trade union only

Explanation

Section 84 prohibits the commission of any unfair labour practice specified in the Second Schedule. So the test is whether the act is listed there, not how harsh it is. The wage-loss and approval conditions do not appear in the section, and the prohibition is not limited to registered unions.

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