Industrial Disputes Act 1947 > First Schedule

First Schedule of Industrial Disputes Act 1947: Industries Which May Be Declared Public Utility Services

The First Schedule to the Industrial Disputes Act, 1947 lists industries that may be declared to be public utility services under Section 2(n)(vi). The Schedule must be read with the statutory definition of "public utility service" and with any applicable notification issued by the appropriate Government.

Legal position covered: This article explains the Industrial Disputes Act, 1947 framework applicable before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The First Schedule concerns industrial-relations law and does not itself prescribe rules of evidence.

Section 2(n): Meaning of Public Utility Service

Section 2(n) of the Industrial Disputes Act, 1947 defines "public utility service". The definition includes specified railway, transport, postal, telegraph or telephone services, industries supplying power, light or water to the public, systems of public conservancy or sanitation, and an industry specified in the First Schedule which the appropriate Government may declare to be a public utility service by notification in the Official Gazette when required in the public interest or because of an emergency.

For an industry falling under Section 2(n)(vi), inclusion in the First Schedule makes it eligible for such a declaration. The statutory status in a particular case depends on the applicable Government notification and its operative period.

First Schedule: Industries Which May Be Declared Public Utility Services

The First Schedule contains the following entries:

  1. Transport, other than railways, for the carriage of passengers or goods by land or water.
  2. Banking.
  3. Cement.
  4. Coal.
  5. Cotton textiles.
  6. Food stuffs.
  7. Iron and Steel.
  8. Defence establishments.
  9. Service in hospitals and dispensaries.
  10. Fire Brigade Service.
  11. India Government Mints.
  12. India Security Press.
  13. Copper Mining.
  14. Lead Mining.
  15. Zinc Mining.
  16. Iron Ore Mining.
  17. Service in any oilfield.
  18. Entry omitted.
  19. Service in the Uranium Industry.
  20. Pyrites Mining.
  21. Security Paper Mill, Hoshangabad.
  22. Services in the Bank Note Press, Dewas.
  23. Phosphorite Mining.
  24. Magnesite Mining.
  25. Currency Note Press.
  26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like.
  27. Service in the Airports Authority of India.
  28. Industrial establishments manufacturing or producing Nuclear Fuel and Components, Heavy Water and Allied Chemicals and Atomic Energy.
  29. Processing or production of fuel gases (coal gas, natural gas and the like).
  30. Manufacturing of Alumina and Aluminium.
  31. Mining of Bauxite.

Effect of Inclusion in the First Schedule

Inclusion of an industry in the First Schedule does not by itself mean that every establishment in that industry is continuously a public utility service under Section 2(n)(vi). The provision authorises the appropriate Government to declare a scheduled industry to be a public utility service by notification when the statutory conditions are satisfied. The relevant notification should therefore be checked whenever public utility service status is material to an industrial dispute.

Section 22: Strikes and Lock-outs in Public Utility Services

Section 22 imposes special restrictions on strikes and lock-outs in public utility services. Among other statutory requirements, workmen employed in a public utility service cannot go on strike in breach of contract without giving the employer the notice prescribed by the section, and employers are subject to corresponding restrictions before locking out workmen. The precise statutory conditions and timelines in Section 22 should be applied to the facts of the case.

Section 40: Power to Amend the First Schedule

Section 40(1) provides that the appropriate Government may, if it considers it expedient or necessary in the public interest, add an industry to the First Schedule by notification in the Official Gazette. On issuance of such notification, the First Schedule is deemed to be amended accordingly. Section 40 also contains provisions concerning amendments to the Second and Third Schedules and laying of notifications before the appropriate legislature.

Entry 18 Was Omitted

The official statutory text shows Entry 18 as omitted. It should not be treated as a presently worded industry merely because the numbering proceeds from Entry 17 to Entry 19. Retaining the omitted number preserves the statutory numbering of the First Schedule.

Official Legal Sources

For authoritative statutory wording, amendments and notifications, verify the applicable position from official Government sources.

This article is an informational presentation of the statutory framework. Applicable Central or State amendments, notifications and judicial decisions should be checked for the relevant establishment, industry, period and dispute.