industrial disputes act 1947 (e1-e2)
TRANSCRIPT
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Introduction
Prior to the year 1947, Industrial disputes were being
settled under the provisions of the „Trade Disputes Act -
1929‟. Experience of the working of the 1929 Act revealed
various defects which needed to be overcome by a fresh
legislations. In result the Industrial Disputes Act -1947
came into force on first day of April 1947.
The Object of the Industrial Disputes Act-1947 is to protect
the workmen against victimization by the employer and to
ensure termination of proceeding in connection with the
industrial disputes in a peaceful manner.
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OBJECT
• To settle the disputes between the Employer and the
Employee.
• To settle the disputes between the employer and employer
• To settle the disputes between the employee &employee
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PROCESS FOR ADJUDICATION OF
DISPUTE
• This is done after the Conciliation officer fails to make
the parties to come to an agreement and sends the
failure report to the appropriate Government.
• The appropriate Government then applies its mind and
refers the dispute for adjudication.
• The labor court/Tribunal court will adjudicate an
industrial dispute only on a reference by the appropriate
Government.
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INDUSTRIAL DISPUTE(SEC.2(kkk)
AS per Section-2 KKK, Industrial Dispute Means a dispute or
difference between:
• Employers and Employees.
• Employers and workmen and
• Workmen and workmen
Dispute Connected with
1. The employment.
2. The conditions of labour of any person
3. Retrenchment
4. Termination of service.
5. Wage revision.
6. Demands for the benefit of workmen.
7. Statutory entitlements etc.
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RETRENCHMENT
“Retrenchment means the termination of the
services of a workman by the employer for
any reason what so ever”.
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CONDITIONS TO BE COMPLIED WITH
BEFORE RETRENCHMENT
• The retrenched workman shall be given one month
notice or one month pay instead of such notice. Plus(+)
• Compensation @ of 15 days average pay for each
completed year of service –to be offered either before
the actual date of retrenchment or simultaneously.
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STRIKE
Means
• Stoppage of work by a body of persons employed in the
industry acting in combination or
• A united refusal under a common understanding of any
number of persons to continue to work or accept
employment.
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STRIKE (Contd..)
• May be
• Some workers only or
• In one department
• Or some departments totally.
• It should be both lawful and justified.
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CHOICES FOR THE EMPLOYER IN CASE
OF STRIKE
• He can run the business or
• Declare lock out
• The option for lock out to be considered if the strike is
likely to :
(a) Apprehension of danger to the persons or
(b) Loss of property or
(c) Likely to endanger the peace and tranquility.
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PROHIBITION OF STRIKES & LOCKOUTS
SEC 22, 23,24,26 AND 10(3)
• In case of industries notified as Public utility services, no
strike or lock out can be resorted to unless a notice of 6
weeks in the prescribed form is given to the Conciliation
officer.
• Such strike or lockout cannot take place with in 14 days
of giving such notice or before the date specified in the
notice.
• If the above provisions are contravened either by the
employer or the union, the same shall be treated as
illegal and the party concerned can be prosecuted.
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CHANGE IN SERVCIE CONDITIONS
(SECTION 9-A)
• For effecting any change in the service conditions of any
workman, the employer shall give :
• 21 days of notice in the prescribed form to the
workman/employee/union.
• No such change can be effected within 21 days.
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ADJUDICATION LABOR COURTS
PROCEDURE, SEC.11
• Labor court/Industrial tribunal/national tribunal can summon
and give an opportunity to the Employer and the workman to :
1. Submit their statements on the issues involved.
2. Examine witnesses,
3. Receive documents relied upon
4. Hears both the parties and
5. Passes its award
• Award becomes enforceable one month after its
publication in the official gazette.
• Will be in force for one year. Continuing obligations will
continue even after one year.
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SETTLEMENTS
There are two type of settlements, they are
01. Bilateral settlement
• It Also called 18(1) settlements.
• Binding on the union and its members entering into the
settlement only.
• Not binding on who are not parties to the settlement.
• Not binding on workmen who join the establishment after
the settlement.
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TRIPARTITE SETTLEMENTS
02. Tripartite Settlement:
• Also called 12(3) settlements.
• Entered through conciliation
• Binding not only on the parties to the same but also
others who are not parties.
• Also binding on workmen employed subsequent to the
settlement.
• It does not matter if other unions do not join such
settlements.
• Settlements to be entered with the recognized union.
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TERMINATION OF A SETTLEMENT
• Continues to be binding even after the expiry of the
period of settlement unless replaced by another
settlement.
• Cannot be terminated before the expiry of the period.
• Can thereafter be terminated by giving 2 months notice.
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UNIONS RECOGNITION
• No provision exists in ID Act 1947 or Trade union Act
1926 to grant recognition.
• Recognition means identifying the collective bargaining
Agent as a representative union.
• Is for the purposes of negotiations and to enter into
settlements.
• No union cannot therefore claim for grant of recognition.
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UNIONS RECOGNITION (Contd..)
• Where management agrees to grant recognition, all the
unions have into enter into agreements to abide by the code
of discipline.
• After the Registrar of trade unions holds elections.
• The union which secures majority is recommended by the
Commissioner of Labor to the Management to the
recognition.
• Based on such recommendation, the recognition is granted.
• Will be in force for 2 years from the date and continues to be
in force till elections for recognitions are held.
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SOME UNFAIR LABOUR PRACTICES
• ON THE PART OF EMPLOYERS
1. Threatening of workmen with discharge or dismissal, if
they join a trade union.
2. Threatening a lock out or closure, if a trade union is
organized.
3. Granting of wage increase to workmen during a trade
union organization.
4. An employer taking active interest in organizing a trade
union of his workmen
5. Employer showing partiality to one of several trade
unions.
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UNFAIR LABOUR PRACTICES (contd..)
ON THE PART OF EMPLOYERS:
6.Establishment of employee sponsored trade unions.
7.Discharging or punishing a workman because he urged
other workmen to join a trade union.
8.Discharging or dismissing a workman for taking part in a
strike which is not illegal.
9.Changing seniority of workmen because of trade union
activity.
10.Refusing to promote on account of trade union activities.
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SOME UNFAIR LABOUR PRACTICES
ON THE PART OF EMPLOYERS:
11.Giving unmerited promotions to certain workmen.
12.Discharging office bearers or active members on account
of their trade union activities.
13.To recruit workmen during a strike which is not an illegal
strike.
14.Failure to implement award, settlement or agreement.
15.To indulge in acts of force and violence.
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SOME UNFAIR LABOUR PRACTICES
• ON THE PART OF WORKMEN AND TRADE UNIONS:
1.To advice/instigate/support an illegal strike.
2.To cause fear in workmen to join or refrain from joining a
trade union.
3.Picketing in a manner that non-striking workmen are
physically debarred from entering into workplaces.
4.To hold out threats, of intimidation to non-striking
workmen or managerial staff.
5.To stage demonstrations at the residence of the
employers or the managerial staff members.
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UNFAIR LABOUR PRACTICES
6.To incite or indulge in willful damage to employer‟s property
connected with the industry.
7.To stage “go slow‟, „Gherao‟ on the working premises.
• Employers
• Workers
• Trade unions
Are prohibited to commit any unfair Labor
practice. If they committed they will be
• punishable with
• Imprisonment up to 6 months or
• Fine or
• Both