Home India Ministry of Labour and Employment Public Utility Service in respect of Defence establishment....
Date: 2022-06-16 Category: Extra Ordinary State: Union Government Country: India

Public Utility Service in respect of Defence establishment.

Issued by Ministry of Labour and Employment · Not Applicable

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Executive Summary & Key Takeaways

## Report on Extension of Public Utility Service Status for Defence Establishments **1. Executive Summary:** This report analyzes a notification from the Ministry of Labour and Employment, Government of India, extending the declaration of services engaged in the industry of defence establishments as a public utility service under the Industrial Disputes Act, 1947. This extension, effective from June 24, 2022, maintains the restrictions on industrial actions like strikes and lockouts within these establishments for another six months. This report details the rationale, implications, and impact of this extension on the defence sector. **2. Introduction:** The purpose of this report is to provide a detailed analysis of the Ministry of Labour and Employment's notification extending the public utility service status for defence establishments, as published in the Gazette of India. The analysis is based solely on the text of the notification provided. **3. Policy Overview:** * **Amendment:** This notification is an amendment to a pre-existing declaration, extending its duration. * **Core Objective(s):** The core objective, as inferred from the text, is to ensure the uninterrupted operation of defence establishments by designating them as a public utility service under the Industrial Disputes Act, 1947. This designation restricts industrial actions that could disrupt their functioning. **4. Background and Rationale:** * **Amendment Rationale:** The notification states that the Central Government is of the opinion that “public interest requires the extension of the public utility service status to the said industry for a further period of six months.” This indicates a continuing perceived need to prevent disruptions in defence establishments, likely due to ongoing strategic importance and sensitivity of the sector. The previous declaration was set to expire, necessitating this extension. **5. Key Provisions / Changes:** * **Specific Part of Original Policy Changed:** The amendment specifically addresses the *duration* of the public utility service status previously granted to defence establishments. * **New Rule/Provision:** The new provision extends the declaration of services engaged in the industry of defence establishments as a public utility service for a period of six months, effective from June 24, 2022. * **Difference/Effect of Change:** The extension ensures that defence establishments remain classified as a public utility service, maintaining the restrictions on strikes and lockouts, and enabling the government to intervene more readily in labour disputes within the sector for another six months. Without this extension, the previous declaration would have expired, removing these restrictions. **6. Target Audience and Stakeholders:** Based on the provided text, the primary target audience and stakeholders are: * **Employees and employers within the defence establishments industry:** The public utility service designation directly impacts their rights and obligations related to industrial disputes and potential work stoppages. * **The Ministry of Labour and Employment:** The Ministry is responsible for enforcing the Industrial Disputes Act, 1947, and therefore for overseeing the implementation of this declaration. * **The Central Government:** The Central Government makes the declaration and is responsible for overall national security, which is tied to the functioning of defence establishments. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Labour and Employment is implicitly responsible for implementing and overseeing the enforcement of this notification through the relevant labour authorities. * **Timelines or Procedures:** The notification specifies a clear timeline: the extension is effective for six months from June 24, 2022. Specific procedures for enforcement are not detailed within the text, but are likely governed by the existing framework of the Industrial Disputes Act, 1947. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this extension is the continued smooth operation of defence establishments without disruptions caused by labour unrest or industrial disputes. By maintaining the public utility service designation, the government aims to ensure national security and the uninterrupted production and maintenance of defence equipment. The extension ensures predictability and stability within the labour relations of these critical establishments. **9. Conclusion:** The notification analyzed extends the public utility service status for defence establishments for an additional six months, starting June 24, 2022. This extension maintains restrictions on industrial actions within these establishments, aiming to ensure their uninterrupted operation and safeguard national security interests. The notification highlights the ongoing importance placed on the stability and productivity of the defence sector.

Key Entities Referenced

Ministry of Labour and Employment: The ministry responsible for the notification regarding public utility service status. Central Government: The governing body that issued the notification and declarations. Industrial Disputes Act, 1947: The Act under which the services in the defence industry are declared a public utility service. Also referred to as 14 of 1947. defence establishments: The specific industry declared as a public utility service in this notification. Government of India: The government under which the Ministry of Labour and Employment operates. KALPANA RAJSINGHOT: Jt. Secy. (Joint Secretary) who approved the notification.
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रजजस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एलxx.x-GअID.-E1x6x0x 62022-236634 CG-DL-E-16062022-236634 ऄसाधारण EXTRAORDINARY भाग II—खण्ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 2625] नई ददल्ली, बहृ स्ट्प जतवार, जून 16, 2022/ज्य ष्े ठ 26, 1944 No. 2625] NEW DELHI, THURSDAY, JUNE 16, 2022/JYAISHTHA 26, 1944 श्रम और रोजगार मत्रं ालय ऄजधसचू ना नई ददल् ली, 16 जून, 2022 का.अ. 2757(ऄ).—केन्द्रीय सरकार का यह समाधान हो गया ह ै दक लोकजहत म ें ऐसी ऄपेक्षा ह ै दक रक्षा स्ट्थापनों के उद्योग म ें लगी ऐसी सेवाओं को, जो औद्योजगक जववाद ऄजधजनयम, 1947 (1947 का 14) की पहली ऄनुसूची की मद 8 के ऄधीन अती ह,ैं उक्त ऄजधजनयम के प्रयोजनों के जलए लोक उपयोगी सेवा बनाया जाए ; और केन्द्रीय सरकार न े ऄंजतम बार उक्त उद्योग को भारत सरकार के श्रम और रोजगार मंत्रालय की ऄजधसूचना संखयांक का.अ. 5066(ऄ), तारीख 8 ददसंबर, 2021 द्वारा 24 ददसंबर, 2021 स े छह मास की ऄवजध के जलए उक्त ऄजधजनयम के प्रयोजनों के जलए लोक उपयोगी सेवा के रूप म ेंघोजित दकया ह;ै और केन्द्रीय सरकार की यह राय ह ै दक लोकजहत म ें उक्त उद्योग की लोक उपयोगी सेवा की प्राजस्ट्थजत को छह मास की और ऄवजध के जलए बढाया जाना ऄपेजक्षत ह;ै ऄतः, ऄब, केन्द्रीय सरकार औद्योजगक जववाद ऄजधजनयम, 1947 (1947 का 14) की धारा 2 के खंड (ढ) के उपखंड (vi) के परंतुक द्वारा प्रदत्त िजक्तयों का प्रयोग करते हुए, रक्षा स्ट्थापनों के उद्योग म ें लगी सेवाओं को 24 जून, 2022 स े छह मास की ऄवजध के जलए उक्त ऄजधजनयम के प्रयोजनों के जलए लोक उपयोगी सेवा के रूप म ेंघोजित करती ह।ै [फा. स.ं एस.-11017/8/2011-अई.अर.(पी.एल.)] कल्पना राजससहोत, संयुक्त सजचव 4069 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 16th June, 2022 S.O. 2757(E).—Whereas the Central Government is satisfied that the public interest so requires that the services engaged in the industry of defence establishments, which is covered under item 8 of the First Schedule to the Industrial Disputes Act, 1947 (14 of 1947), to be a public utility service for the purposes of the said Act; And whereas the Central Government has lastly declared the said industry to be public utility service for the purposes of the said Act for a period of six months from the 24th December, 2021 vide notification of the Government of India in the Ministry of Labour and Employment number S.O. 5066(E), dated 8th December, 2021; And whereas the Central Government is of the opinion that public interest requires the extension of the public utility service status to the said industry for a further period of six months; Now, therefore, in exercise of the powers conferred by the proviso to sub-clause (vi) of clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947), the Central Government hereby declares the services engaged in the industry of defence establishments to be a public utility service for the purposes of the said Act for a period of six months with effect from the 24th June, 2022. [F. No. S-11017/8/2011-IR (PL)] KALPANA RAJSINGHOT, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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