Isro exempted from industrial act 1947 and factories act 1943?
sambasivakamasani
(Querist) 27 August 2011
This query is : Resolved
Indian Space Research Organisation, Dept of Space claimed that the provisions of various Industrial laws like the Industrial Disputes Act 1947, the Factories Act 1943 etc will not be applicable to the employees of ISRO/DOS as well as Contract Workers. Experts are requested to clarify the correct position. Sk Riyaz.
Guest
(Expert) 27 August 2011
labour law will not at all apply to them. It is a military organisation.
Raj Kumar Makkad
(Expert) 27 August 2011
ISRO is not a military organization rather it is a Scientific organization where all law of land are applicable including the Acts querist asked.
Guest
(Expert) 27 August 2011
ISRO is not an industry under 2(j) of ID act.
Guest
(Expert) 27 August 2011
As per Section 2(j) of Industrial Disputes Act,1947 “Industry” means any systematic activity carried on by co-operation between an employer and his workmen(whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production ,supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-
(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) such activity is carried on with a motive to make any gain or profit, and includes-
(a) any activity of the Dock Labour Board established under section 5-A of the Dock Workers ( Regulation of Employment)Act,1948( 9 of 1948);
(b) any activity relating to the promotion of sales or business or both carried on by an establishment,
but does not include-
1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.
Explanation:- For the purposes of this sub-clause ,” agricultural operation” does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantation Labour Act,1951; or
2) hospitals or dispensaries; or
3) educational, scientific, research to training institutions ; or
4) institutions owned or managed by organizations wholly or substantially engaged in any charitable ,social or philanthropic service; or
5) khadi or village industries ; or
6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Governments dealing with defence research , atomic energy and space ; or
7) any domestic service ;or
8) any activity ,being a profession practiced by an individual or body of individuals ,if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten; or
9) any activity , being an activity carried on by a co-operative society or a club or any other like body of individuals , if the number of persons employed by the co-operative society ,club or other like body of individuals in relation to such activity is less than ten;
K.S.Srinivas
(Expert) 27 August 2011
I agree with Mr.S.GANESAN.LAWYER.
Kiran Kumar
(Expert) 27 August 2011
well explained by Mr. Ganesan
otherwise also there is a specific purpose for keeping all such kind of organisations out of purview of labour laws....and the said purpose is quite clear from the above definition itself.
prabhakar singh
(Expert) 28 August 2011
Mr.S.GANESAN.LAWYER has rightly opined,and immunity claimed by ISRO is lawful.
sambasivakamasani
(Querist) 28 August 2011
Thanq. for the response. As rightly claimed by Mr Rajkumar Makkad ISRO is not military organisation. It is of course research organisation. Regards.
sambasivakamasani
(Querist) 29 August 2011
Mr Kiran Kumar expressed that keeping all such kind of organisations out of purview of labour laws is correct. Then what about the fate of the workers that work in such organisations. Is it mean that they should be deprived from the legitimate rights where as all others are availing?
