Section 5State of Uttar Pradesh Act
Section 5: Power to include other undertakings in any adjudication
Power to include other undertakings in any adjudication.
(1)
Where an industrial dispute referred to adjudication [under Section 4-K] [Substituted by U.P. Act No. 1 of 1957.] has arisen only in a particular undertaking or group of undertakings, the [State Government] [Substituted by the A.O. 1950 for 'Provincial Government'.] may include in the adjudication proceedings any other undertaking either of its own motion or on an application received in this behalf, whether an industrial dispute exists at the time in that undertaking or not, provided that the [State Government] [Substituted by the A.O. 1950 for 'Provincial Government'.] is satisfied, -(i)
that the undertaking to be so included is engaged in the same type of industry or business as the undertaking or the group of undertakings in which the industrial dispute referred for adjudication has arisen; and(ii)
[ that the issues involved in the industrial dispute referred for adjudication have already given rise, or are such as, in the circumstances, may reasonably be expected to give rise, to a similar dispute in the undertaking to be so included] [Original clause (ii) deleted and clause (iii) re-numbered as clause (ii) by U.P. Act No. 1 of 1957.].(2)
Where an undertaking has been included in adjudication proceedings under sub-section (1), the provisions of any order made under this Act shall, save as may be expressly provided to the contrary in any such order or award, apply to and in relation to such undertaking as they apply to and in relation to any undertaking or group of undertakings in which the industrial dispute referred for adjudication arose.Previous
Sec 4K — [ Reference of disputes to Labour Court or Tribunal. [Inserted by U.P. Act No. 1 of 1957.]
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Sec 5A — [ Special composition of Tribunal. [Inserted by U.P. Act No. 1 of 1957.]
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