Section 22:
Provisions regarding industrial disputes in relation to inter-State migrant workmen.
(1) Notwithstanding anything contained in the Industrial Disputes Act. 1947 (14 of 1947),
any dispute or difference in connection with the employment or non-employment or the terms of
employment or the conditions of labour, of an inter-State migrant workman (hereafter in this section
referred to as the industrial dispute), may,--
(a) if the industrial dispute is relatable to an establishment referred to in sub-clause (i) of
clause (a) of sub-section (1) of section 2, be referred under the provisions of the said Act, by the
Central Government to any of the authorities referred to in Chapter II of that Act (hereafter in this
section referred to as the said authorities),--
(i) in the State wherein the establishment is situated;
(ii) in the State wherein the recruitment of such workman was made if he makes an
application in that behalf to that Government on the ground that he has returned to that State after
the completion of his employment;
(b) if the industrial dispute is relatable to an establishment referred to in sub-clause (ii) of
clause (a) of sub-section (1) of section 2,--
(i) be referred under the provisions of the said Act, by the Government of the State wherein
the establishment is situated, to any of the said authorities in that State; or
(ii) be referred under the provisions of the said Act, by the Government of the State wherein
the recruitment of such workman was made to any of the said authorities in that State, if he makes
an application in that behalf to that Government on the ground that he has returned to that State
after the completion of his employment:
Provided that--
(a) no application referred to in sub-clause (ii) of clause (a) or sub-clause (ii) of clause (b) shall
be entertained after the expiry of a period of six months from the date of his return to the State
wherein the recruitment was made after the completion of his employment, unless the Government
concerned is satisfied that the applicant was prevented by sufficient cause from making the
application within that period;
(b) no reference under the said sub-clause (ii) of clause (b) shall be made except after obtaining
the concurrence of the Government of the State wherein the establishment concerned is situated.
(2) Without prejudice to the provisions of section 33B of the Industrial Disputes Act, 1947
(14 of 1947), where during the pendency of any proceeding in respect of an industrial dispute under that
Act before any of the said authorities in the State wherein the establishment is situated, an application is
made to that authority by an inter-State migrant workman for the transfer of such proceeding to a
corresponding authority in the State wherein his recruitment was made on the ground that he has returned
to that State after the completion of his employment, that authority shall forward the application to the
Central Government, or, as the case may be, to the Government of the State wherein such recruitment was
made and transfer such proceeding in the prescribed manner to such authority as may be specified in this
behalf by that Government:
Provided that in a case where no authority has been specified by the Government concerned within
the prescribed period, the authority before which the proceeding is pending shall, on a request being made
by the inter-State migrant workman and after obtaining the previous approval of the Government which
referred the dispute to that authority, forward such proceeding to the Government concerned for reference
of such dispute to an authority in the State wherein such recruitment was made.
(3) Without prejudice to the provisions of sub-section (2), if the Central Government is satisfied that
it is expedient in the interests of justice so to do, it may, by order in writing and for reasons to be stated
therein, withdraw any proceeding in respect of any industrial dispute relating to an inter-State migrant
workman pending before an authority in the State in which the establishment concerned is situated and
transfer the same to such authority in the State wherein the recruitment of such workman was made as
may be specified in the order.
(4) The authority to which any proceeding is transferred under this section may proceed either
de novo or from the stage at which it was so transferred.