Fifth Schedule - Unfair Labour Practices [See section 2(ra)] : Industrial Disputes Act 1947
What are the Unfair Labour Practices? Fifth Schedule of Industrial Disputes Act
I-On the part of employers and trade unions of employers
1. To interfere with, restrain from, or coerce, workmen in
the exercise of their right to organise, form, join or assist a
trade union or to engage in concerted activities for the
purposes of collective bargaining or other mutual aid or
protection, that is to say,-
(a) threatening workmen with discharge or dismissal, if they
join a trade union;
(b) threatening a lock-out or closure, if a trade union is
(c) granting wage increase to workmen at crucial periods of
trade union organisation, with a view to undermining the efforts
of the trade union at organisation.
2. To dominate, interfere with or contribute support,
financial or otherwise, to any trade union, that is to say :-
(a) an employer taking an active interest in organising a
trade union of his workmen: and
(b) an employer showing partiality or granting favour to one
of several trade unions attempting to organise his workmen or to
its members, where such a trade union is not a recognised trade
3. To establish employer-sponsored trade unions of workmen.
4. To encourage or discourage membership in any trade union
by discriminating against any workman, that is to say :-
(a) discharging or punishing a workman, because he urged
other workmen to join or organise a trade union;
(b) discharging or dismissing a workman for taking part in
any strike (not being a strike which it deemed to be an illegal
strike under this Act);
(c) changing seniority rating of workmen because of trade
(d) refusing to promote workmen to higher posts on account of
their trade union activities;
(e) giving unmerited promotions to certain workmen with a
view to creating discord amongst other workmen, or to undermine
the strength of their trade union;
(f) discharging office bearers or active members of the trade
union on account of their trade union activities.
5. To discharge or dismiss workmen-
(a) by way of victimisation;
(b) not in good faith, but in the colourable exercise of the
(c) by falsely implicating a workman in a criminal case on
false evidence or on concocted evidence;
(d) for patently false reasons;
(e) on untrue or trumpet up allegations of absence without
(f) in utter disregard of the principles of natural justice
in the conduct of domestic enquiry or with undue haste;
(g) for misconduct of a minor or technical character, without
having any regard to the nature of the particular misconduct or
the past record of service of the workman, thereby leading to a
6. To abolish the work of a regular nature being done by
workmen, and to give such work to contractors as a measure of
breaking a strike.
7. To transfer a workman mala fide from one place to another,
under the guise of following management policy.
8. To insist upon individual workmen, who are on a legal
strike to sign a good conduct bond, as a pre-condition to
allowing them to resume work.
9. To show favouritism or partiality to one set of workers
regardless of merit.
10. To employ workmen as "badlis", casuals or temporaries and
to continue them as such for years, with the object of depriving
them of the status and privileges of permanent workmen.
11. To discharge or discriminate against any workman for
filing charges or testifying against an employer in any enquiry
or proceeding relating to any industrial dispute.
12. To recruit workmen during a strike which is not an
13. Failure to implement award, settlement or agreement.
14. To indulge in acts of force or violence.
15. To refuse to bargain collectively, in good faith with the
recognised trade unions.
16. Proposing or continuing a lock-out deemed to be illegal
under this Act.
II-On the part of workmen and trade unions of workmen
1. To advise or actively support or instigate any strike
deemed to be illegal under this Act.
2. To coerce workmen in the exercise of their right to self-organisation
or to join a trade union or refrain from joining any trade
union, that is to say-
(a) for a trade union or its members to picketing
in such a manner that non-striking workmen are
physically debarred from entering the work places;
(b) to indulge in acts of force or violence or to hold out
threats of intimidation in connection with a strike against
non-striking workmen or against managerial staff.
3. For a recognised union to refuse to bargain collectively
in good faith with the employer.
4. To indulge in coercive activities against certification of
5. To stage, encourage or instigate such forms of coercive
actions as wilful "go slow", squatting on the work premises
after working hours or "gherao" of any of the members of the
managerial or other staff.
6. To stage demonstrations at the residences of the employers
or the managerial staff members.
7. To incite or indulge in wilful damage to employer's
property connected with the industry.
8. To indulge in acts of force or violence or to hold out
threats of intimidation against any workman with a view to
prevent him from attending work.