INDUSTRIAL DISPUTES ACT , 1947

WHAT ARE INDUSTRIAL DISPUTES

Disputes arising out of a disagreement in industrial relations

Conflict or difference of opinion between management & workers on the terms of employment

When an industrial dispute occurs, both the parties, that is the management and the workmen, try to pressurize each other to protect their own interest

ABOUT THE INDUSTRIAL DISPUTES ACT

Enacted on 11th March , 1947 , the act came into force on 1st April 1947

The act has been amended in 1976 , 2002 , 2006 & 2010

The act has been amended many times by the state government as well

The Act applies to the whole of India & applies to every industrial establishment carrying on any business ,trade , manufacture or distribution of goods & services

DEFINITION OF INDUSTRIAL DISPUTE

As per Section 2(k) of the Industrial Disputes Act ,1947 an industrial dispute is defined as any dispute or difference between employers & workmen or between workmen & workmen which is connected with employment & non-employment or terms of employment or with the conditions of labor of any person

OBJECTIVES OF THE ACT

Promotion of measures if securing & preserving amity & good relations between workmen & employer

Investigation & settlement of disputes between employer & workmen , workmen & workmen as well as their associations

Prevention of illegal strikes & lock-outs

Relief to workmen in case of lay-off & retrenchment

Promotion of collective bargaining

KEY DEFINITIONS

‘Industry’ means any systematic body carried on by co-operation between his employer & his workmen for production , supply & distribution of goods or services with the view to satisfy human wants or wishes

‘Workman’ means any person employed in any industry to do any skilled , unskilled , manual , technical , clerical or supervisory work for hire or reward

KEY DEFINITIONS (CONTD..)

‘Wages’ means all remunerations capable in terms of money , which would if the terms of employment , expressed or implied , were fulfilled be payable to a workman in respect of his employment or work done in such employment

‘Strike’ means a cessation of work by a body of persons employed in an industry

KEY DEFINITIONS (CONTD..)

‘Closure’ means closing down of a place of employment

‘Lock-out’ means temporary closing down of a place of employment or suspension of work

‘Lay-off’ means the failure , refusal or inability of an employer on account of shortage of coal or power or raw materials or accumulation of stock or break down of machinery to give employment to a worker whose name is borne of the muster rolls of a company

FORMS OF INDUSTRIAL DISPUTES

Strike

Lock-out

Gherao

Lay-off

Protests / Demonstrations

CAUSES FOR DISPUTES

Wage Demand

Union Rivalry

Political Interference

Unfair labor practices

Too many laws / restriction / regulations

SETTLEMENT OF DISPUTES

Settlement of

Disputes

Voluntary

Methods

Govt. Measu

res

Statutory

Measures

SETTLEMENT OF DISPUTES-VOLUNTARY METHODS

Code of Discipline Tripartite Machinery

Workers participation Collective Bargaining

Voluntary Methods

SETTLEMENT OF DISPUTES-GOVT. MEASURES

Govt.

M

easu

res

Works Committee

Conciliation Officer

Board of Conciliation

Labor Courts

Tribunals

SETTLEMENT OF DISPUTES-STATUTORY MEASURES

Indian Constitui

on

Factories Act

Industrial Disputes

Act

Wages Act

Minimum Wages

Act

CASE STUDY

V.J Textiles

THANK YOU !!

Manisha Agrawal (02)

Anjali Jalan (13)

Nidhi Somani (31)

Jasdeep Oberoi (33)

Priyadarshini Pant (35)

Sumit Shah (50)