Home India Ministry of Labour and Employment public utility service in respect of defence establishment...
Date: 2021-12-08 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 the 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 is for a period of six months, effective from December 24, 2021. The core purpose is to ensure the continued smooth functioning of defence establishments by preventing disruptions due to industrial disputes. The key finding is that this is a continuation of an existing policy, extending its applicability for another six-month period. **2. Introduction:** The purpose of this report is to provide information and analysis regarding the Ministry of Labour and Employment's notification declaring services in defence establishments as a public utility service. This analysis is based solely on the text of the provided notification. **3. Policy Overview:** This is an amendment, extending the effect of an existing declaration. The original policy it amends is the declaration of the services engaged in the industry of defence establishments as a public utility service under the Industrial Disputes Act, 1947. * **Core Objective:** The core objective, as inferred from the text, is to maintain uninterrupted operation of defence establishments by classifying them as a public utility service under the Industrial Disputes Act, 1947. This likely aims to prevent strikes or lockouts that could jeopardize national security and defence capabilities. **4. Background and Rationale:** This is an amendment, specifically an extension of a previously declared status. The likely reason for this specific extension is that the Central Government continues to believe that maintaining the "public utility service" status for defence establishments is crucial in the "public interest." The previous declaration was set to expire, and this notification extends it for another six months, suggesting a continuing need for this measure. **5. Key Provisions / Changes:** This is an *amendment* extending an existing policy; therefore, the focus is on the *specific changes*. * **What specific part of the original policy is being changed?** The expiry date of the declaration of defence establishments as a public utility service. * **What the *new* rule/provision *is*, based *only* on the amendment text:** The services engaged in the industry of defence establishments will *continue* to be classified as a public utility service for a period of six months, starting from December 24, 2021. * **Explain the *difference* or the *effect* of this specific change:** Without this extension, the defence establishments would have reverted to a non-public utility service status on December 24, 2021. This extension maintains the restrictions and regulations associated with the "public utility service" designation under the Industrial Disputes Act, 1947, preventing potential disruptions. **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by this policy include: * Employees engaged in the industry of defence establishments. * Employers and management of defence establishments. * Trade unions representing workers in defence establishments. * The Ministry of Labour and Employment, responsible for enforcing the Industrial Disputes Act, 1947. * The general public, as the continued operation of defence establishments is linked to national security. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies mentioned:** The Central Government (Ministry of Labour and Employment) is responsible for declaring and extending the public utility service status. * **Timelines or procedures specified in the text:** The extension is for a period of six months, effective from December 24, 2021. The Industrial Disputes Act, 1947 provides the broader framework for implementation. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of this specific extension is to: * Prevent strikes and lockouts in defence establishments by maintaining the public utility service designation. * Ensure continued smooth operation of defence establishments, contributing to national security and defence preparedness. * Maintain industrial peace in the defence sector during the extended period. **9. Conclusion:** The Ministry of Labour and Employment's notification extends the declaration of services in defence establishments as a public utility service for another six months. This extension aims to ensure the uninterrupted operation of defence establishments and maintain industrial peace in this critical sector. The continued classification as a public utility service carries implications for labor relations within defence establishments, placing restrictions on industrial actions to safeguard national interests.

Key Entities Referenced

Ministry of Labour and Employment: The ministry responsible for the notification regarding the declaration of defence establishments as a public utility service. Industrial Disputes Act, 1947: The act under which the declaration of defence establishments as a public utility service is made. Mentioned with its year of enactment (1947) and Act number (14 of 1947). Central Government: The governing body making the declaration regarding public utility service status. defence establishments: The industry declared as a public utility service in this notification. New Delhi: The location where the notification was issued. 24th June, 2021: The date from which the industry was declared a public utility service for six months, as per a previous notification. S.O. 2414 E: The notification number of the previous declaration, dated 21st June, 2021. 24th December, 2021: The date from which the extension of the public utility service status takes effect for a further six months. KALPANA RAJSINGHOT: Jt. Secy. (Joint Secretary) at Ministry of Labour and Employment
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-08122021-231706 xxxGIDHxxx CG-DL-E-08122021-231706 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 4692] नई दिल्ली, बधु वार, दिसम्ब र 8, 2021/ अग्रहायण 17, 1943 No. 4692] NEW DELHI, WEDNESDAY, DECEMBER 8, 2021/AGRAHAYANA 17, 1943 श्रम और रोिगार मत्रं ालय अजधसचू ना नई दिल् ली, 8 दिसम् बर, 2021 का.आ. 5066(अ).— केन्द्रीय सरकार का यह समाधान हो गया ह ैदक लोकजहत में ऐसी अपेक्षा ह ैदक रक्षा स्ट्थापनों के उद्योग में लगी ऐसी सेवाओं को, िो औद्योजगक जववाि अजधजनयम, 1947 (1947 का 14) की पहली अनुसूची की मि 8 के अधीन आती हैं, उक्त अजधजनयम के प्रयोिनों के जलए लोक उपयोगी सेवा बनाया िाए; और केन्द्रीय सरकार ने अंजतम बार उक्त उद्योग को भारत सरकार के श्रम और रोिगार मंत्रालय की अजधसूचना संखयांक का.आ. 2414(अ), तारीख 21 िून, 2021 द्वारा 24 िून, 2021 स े छह मास की अवजध के जलए उक्त अजधजनयम के प्रयोिनों के जलए लोक उपयोगी सेवा के रूप में घोजित दकया है; और केन्द्रीय सरकार की यह राय ह ै दक लोकजहत में उक्त उद्योग की लोक उपयोगी सेवा की प्राजस्ट्थजत को छह मास की और अवजध के जलए बढाया िाना अपेजक्षत है; अतः, अब, केन्द्रीय सरकार औद्योजगक जववाि अजधजनयम, 1947 (1947 का 14) की धारा 2 के खंड (ढ) के उपखंड (vi) के परंतुक द्वारा प्रित्त िजक्तयों का प्रयोग करते हुए, रक्षा स्ट्थापनों के उद्योग में लगी सेवाओं को 24 दिसंबर, 2021 से छह मास की अवजध के जलए उक्त अजधजनयम के प्रयोिनों के जलए लोक उपयोगी सेवा के रूप में घोजित करती ह।ै [फा.सं. एस-11017/8/2011-आई.आर.(पी.एल.)] कल्पना रािससंहोत,संयुक्त सजचव 7115 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 8th December, 2021 S.O. 5066(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 June, 2021 vide notification of the Government of India in the Ministry of Labour and Employment number S.O. 2414 (E), dated 21st June, 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 December, 2021. [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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