In this Act, unless there is anything repugnant in the subject or context, -
(a) "appropriate Government" means, -
(I) In relation to any Industrial Disputes concerning [* * ] any industry carried on by or under the authority of the Central Government [ * *] or by a railway company [or concerning any such controlled industry as may be specified in this behalf by the Central Government] [* * *] or in relation to an Industrial Dispute concerning [[a Dock Labour Board established under Section 5-A of the Dock Workers (Regulation of Employment ) Act, 1948 (9 of 1948), or the Industrial Finance Corporation of India established under Section 3 of the Industrial Finance Corporation Act, 1948 (15 of 1948), or the Employees State Insurance Corporation established under Section 3 of the Employees State Insurance Act, 1948 34 of 1948), or the Board of trustees constituted under Section 3-A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under Section 5-A and Section 5-B, respectively, of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or the Life Insurance Corporation of India established under Section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or the Oil and Natural Gas Commission established under Section 3 of the Companies Act, 1956 (1 of 1956), or the Deposit Insurance and Credit Guarantee Corporation established under Section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under Section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under Section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under Section 3, or a Board of Management established for two or more contiguous States under Section 16 of the Food Corporations Act, 1964 (37 of 1964), or the Airports Authority of India constituted under Section 3 of the Airports Authority of India Act, 1994 (55 of 1994), or a Regional Rural Bank established under Section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Corporation of India Limited]], or [the Banking Service Commission established under Section 3 of the the Banking Service Commission Act, 1975, or ] [an air transport service or a banking or an insurance company, a mine, an oilfield] [a Cantonment Board,] or a major port, or any company in which not less than fifty-one percent of the paid up share capital capital is held by the Central Government, or any corporation not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government and.
(II) In relation to any other Industrial Dispute, including the State public sector undertaking , subsidiary companies set up by the principal undertaking, and autonomous bodies owned or controlled by the State Government, the State Government;
(a) "arbitrator" includes an umpire;]
[(aaa)] "average pay" means the average of the wages payable to a workman -
(I) in the case of monthly paid workman, in the three complete calendar months,
(II) in the case of weekly paid workman, in the four complete weeks,
(III) in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;]
[(b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labor Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under Section 10-A]
bb) “Banking company” means a banking company as defined in section 5 of the Banking Companies Act, 1949, (10 of 1949) having branches or other establishments in more than one State, and includes [the Export-Import Bank of India, the Industrial Reconstruction Bank of India, the Industrial Development Bank of India, the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 19891 the Reserve Bank of India, the State Bank of India, [a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, and any subsidiary bank, as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959)
(c) "Board" means a Board of Conciliation constituted under this Act;
[(cc) "closure" means the permanent closing down of a place of employment or part thereof;]
(d) "conciliation officer" means a conciliation officer appointed under this Act;
(e) "conciliation proceeding" means a proceeding held by a conciliation officer or Board under this Act;
[(ee) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest ; ]
(f) "Court" means a Court of Inquiry constituted under this Act;
(g) "employer" means -
(i) in relation to an industry carried on by or under the authority of any department of [the Central Government or a State Government}, the authority prescribed in this behalf, or where no authority is prescribed, the head of the department;
(ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;
[(gg) "executive", in relation to a trade union, means the body by whatever name called, to which the management of the affairs of the trade union is entrusted;]
(h) [* * *]
(i) a person shall be deemed to be "independent" for the purpose of his appointment as the chairmen or other member of a Board, Court or Tribunal if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute :
[Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company
Schedule I - S 2(n)(6): Industries Which May Be Declared Public Utility Services
