labour law by bandana

THE INDUSTRIAL DISPUTE ACT, 1947

BANDANA TYC LAW 4th SEM.

DISPUTE(s)

Between employer and employee

Between employer and employer

Between employee and

employee.

1 3

2

Maximum disputes arises b/w

employer and employee.

Main reason


Reasons OF DISPUTE

Compensation

Lay off Retrenchment

Wages Amount Payment time

Work Hours Conditions

Accident BANDANA TYC LAW 4th SEM.

RESULTS

(1)BAD

(2)HAMPER

(3)STIFF

RELATIONSBETWEEN

EMPLOYER AND EMPLOYEE


CONSEQUENCES:-• LAY OFF• RETRENCHMENT• LOCK OUT• CLOSURE OF BUSINESS

EMPLOYER

• AGITATION• STRIKES• DAMAGE TO PROPERTY

OF EMPLOYEREMPLOYEE


WHO ARE GOING TO BE EFFECTED EMPLOY

ER

NATION

STATEINDUSTRY

EMPLOYEE


SYLLABUS

INDUSTERIAL

DISPUTE ACT 1947

Definitions

Authorities

Lay-off,Retrenchme

nt

Strikes,Lock-out > Works

committees> Conciliation

Officer> Board of Conciliation> Courts of

Enquiry> Labour Courts

> National Tribunal


MAIN FEATURES OF

I.D. ACT

Application of the

actExtent of the

ACTConstitution of comprehensive

machineryPrevention & settlement of

industrial dispute

Reference by appropriate

GOVT.

Speedy disposal of industrial

disputes

Enforcement of awards

Prohibition of strikes & lock-outs

Public utility

Regulations of lay-off ,

retrenchment , transfer &

closure

Compensation

Compulsory settlement by adjudication


REASONS &

OBJECTS OF THE

ACT

Provide suitable machine

ry

Promote collectiv

e bargaini

ng

Prevent

illegal strikes

Peaceful

settlement

Provide relief to workman

against Lay-off

Avoid unfair

practice

Makes good relations b/w employer &

employee

Ameliorate the

conditions of workers


Section 2(a)APPROPRIATE GOVERNMENT

TheCentral govt.

TheState Govt.

THE APPROPRIA

TE GOVERNME

NT

Both bodies

are Able to

deal with such

disputes

Matters

Related with this act

VestedVariou

s powers

& duties


Arbitrator includes

An UMPIRE .

ADJUDICATEREFERENCE

MEANS:-

ARBITRATORSECTION 2(aa)


…… AVERAGE PAY MEANS THE AVERAGE OF THE WAGES PAYABLE TO A WORKMAN….

AVERAGE PAYSECTION 2(aaa)MONTHLY

Payable in three

complete calendar months

WEEKLY

Payable in four

complete weeks

DAILY

Payable in complete twelve full

working daysBANDANA TYC LAW 4th SEM.

AWARD

ENFORCEMENT

.Final as well as interim determination . The tribunal can grant such interim awards which they are competent to grant at the time of final award

.Aggrieved party apply to appropriate government..Any money payable by employer to his workman.Whose favour the award has been granted may file suit and obtain a decree.

It includes an Arbitration award under section 10-A

AWARDSec.2(b)

It’s first part covers a determination, final or

interim, of any industrial dispute

It’s second part takes a determination of any

question relating to any industrial dispute.

Award means an interim or final determination of any industrial dispute or

of any question thereto..”DETERMINATION”----1.Labour court

----2Traibunal or 3.National tribunal


INDUSTRY

INDUSTERY

SEC. 2(j)

Industry means any business , trade,

undertaking , manufacture or manufacture or

calling of employers .

It includes any calling, service,

employment, handicraft, or

industrial occupation or avocation of

workman.

Amended definition:-Industry means any systematic activity carried on by co-operation between an

employer and his workmen (whether such workmen are employed by such employer directly or through any agency, including a

contract)for the production ,supply or distribution of goods or services with a view to satisfy human wants or (wishes not being wants or wishes which are mere spiritual or

religious in nature)


Bangalore Water Supply v. A. Rajapa(AIR 1978 SC 548)

TRRIPLE TEST

1. SYSTEMATI

CACTIVITY

2. Organised

by co-operation between employer

and employee

3. For the production

and/or distribution of goods

and services


INDUSTERIAL DISPUTE

SECTION 2(k)Betwee

n employe

r&

employeeBetween employee

& employee

Between Employer

& employer

Conditions of labour of any

person

Terms of employm

ent

RELATION

Parties CONNECTED

To any workman

or workman

or any other

personBANDANA TYC LAW 4th SEM.

LAY-OFFSECTION 2(kkk)

1. An employer >who is willing to employ

>fails or refuses or is unable

>to provide employment>For reasons beyond his control

Failure OrRefusal

>shortage of coal,>shortage of raw material>The accumulation of stock>The breakdown of machinery

>Natural calamity>Any other connected reasons.

2. So deprived of employment3.Whose name is borne on the muster rolls

1. Aworkman

Workman must not have been Retrenched

TemporarilyRelationship

doesn’t comes To an

end

Period during

emergency

Relations suspended

but not ends

For any otherReason(EJUSDUM JENERIS)

MAINPOINT

S

BANDANA TYC LAW 4 th SEM.

CLASSIFICATION OF LAY-OFFHALF-

DAYDeemed to be lay-off only for half day if:-1) The workman at the

commencement of any shift for any day

2) The workman is given employment by the employee during the second half of the day;

’’in such case the workman is entitled to full basic wages and dearness allowance for that second half of the day------’’’’’’

FULL DAY

Deemed to be lay-off for the full day :-1) Name of the

workman is deemed to borne on the muster rolls;

2) He represents himself for work;

3) He is not given employment by the employer 2 hours;

MORE THAN A DAY>>>>> When the workman were not provide work for some period beyond one day.>>>>> It may not a long period but a short period.>>>>> When the emergency conditions are over and the firm starts working.>>>>> This lay-off does not amount to retrenchment.BANDANA

TYC LAW 4th SEM.

LOCK-OUT

SEC.2(i)

Closing of place of

employment

Suspension of work

Refusal by employer

to continue

work

INGREDIENTS

Temporarily closing of a

place of EmploymentSuspension

of workBy the

employer Refusal by

employer to continue work by any no. of

persons

Acts of employer should be

motivated by COERCION.

An industry as defined

in the Act

A dispute in such industry


RETRENCHMENTSection 2(oo)

RULE:- FIRST COME LAST GO

LAST COME FIRST GOBusiness is

being continued Portion of

labour’s staff discharged

TerminationReasons

whatsoever

Not amount to

punishment

>Voluntary retirement>Termination on non- renewal

>Retirement on reaching superannuation age>Termination of the service of a workman

>Continue ill-health>voluntary resignation

Exclusion from the

retrenchment

Amounts to


ESSENTIALS OF RETRENCHMENT

1,2

2,21

5,6

8 7

3

There must be termination of services by the

employer

Termination of service must be on ground

of surplus labour

Termination be for any reason whatsoever except unfair labour practice

etc.

Termination of service must be of surplus labour or staff in a

continuing industry.

Termination must not fall

within the exclusion clause

of definition.

Employer is not accept to carry on

the burden of surplus labour.

The service which is terminated must have been capable of being

continued,

Proper reasons such as economy , nationalism,

industrial or trade reasons

4

BANDANA TYC LAW 4 th

SEM.

STRIKESEC.2(q

)Means

:-Cessatio

n of work

Concerted

Refusal

Refusal under

common understandi

ng

By a body of persons

who are employed

in an industry

:-Any Number of persons

:-Or have been employedIn industry to continue to work or to accept employment

REFU

SAL

BY N

O. O

F PE

RSO

NS

IND

USTERIAL

DEM

AND

SStoppage of

work

INGREDIENTS OF STRIKE…….>

> > > > > > >

:-Strike is stoppage of work:-The stopping of work should be by body of persons.

:- Such body of persons should be employed in any industry which defined by section 2(j) of the Act.:- Such body of persons must be acting in combination.:- There must be concerted refusal, or planned refusal under a common understanding by body of such persons. :-The purpose and aim of the refusal is not to continue the work or to accept employment , until the demand(s) of the employees are fulfilled.:- MENS REA being present as the workmen had a dispute with the employer.


STRIKE……. SECTION 2(q)

GENERAL TYPES1. GENERAL STRIKE2. TOKEN STRIKE3. STAY-IN/SIT-

DOWN/TOOLS-DOWN/PEN-DOWN STRIKE

4. SO-SLOW STRIKE5. WORK-TO RULE

STRIKE6. QUICK OR

LIHGTNING STRIKE7. SYMPATHETIC

STRIKE8. HUNGER STRIKE9. GHERAO

TYPES (LEGALITY)

1.LAGAL STRIKE

2.ILLEGAL STRIKE

3.UNJUSTIFIED STRIKE

PROHIBITION1.PROHIBITION

OF STIKES IN A PUBLIC UTILITY( Section 22)

2.GENERAL PROHIBITION OF STRIKE (Section 23) BANDANA

TYC LAW 4th SEM.

KINDS OF STRIKE ACCORDING TO LEGALITY OF THE STRIKE……LEGAL STRIKEa). A notice of strike to the employer is served within six weeks before striking;b). The date of strike is not be within 14 days from the date of notice;C). The date of strike is on or after the date specified in the strike but not before that.d). The strike is not during the pendency of conciliation proceedings and seven days after the conclusion of said proceedings.

ILLEGAL STRIKE1. Contravention of

sec 22 or sec. 232. If it is contravention

of an order under sec. 10(3) or (4-A)of sec. 10.

3. Strike is illegal if it is declared without the prior notice in public utility u/s 22(1).

4. If it is declared during pendency—u/s 23

UNJUSTIFIED STRIKE

1. Strike has been started in violation of standing orders of that industry.

2. Illegal strike3. Illegal strike on the

demands of wages even though it is accepted by the employer .

4. Where the workmen started sit-down or GHERAO whether there is violence or not.

5. Strike for the purpose of circumventing an amicable settlement .

>Conciliation proceedings before a board & 7 days after

conclusion>Proceedings before L. C. , Tri.

,N.T.& 2months after decision.

> Arbitration proceedings (2 months)

SEC.23 Prohibition on strike in p. u.SEC.22 General prohibition on strike.SEC.10(3) Dispute referred to LC, Tri., NT(Prohibit strike and lock out.SEC.10-A(4-A) Dispute referred to ARBITRATION.SEC 22(1). Person employed in public utility and go on strike.


LAY-OFFSECTION2(kkk)

STRIKESECTION2(q)

RETRENCHMENTSECTION 2(oo)

LOCK-OUTSECTION 2(l)

Employer is willing. Applicable to a group of workers, or to entire

workers, or to the workers of one shift. Failure or refusal or inability of an employer. Trade reasons beyond the control of workman. Lay-off is not concerned with a dispute with the

workman. Occurs in continuous business. Reasons specified in sec 2(kkk). Compensation Unintentionally act

Termination of service .> Permanent in nature> Relationship is severed.> Intention is to reduce surplus labour.> Without any dispute.> Retrenched workman can be re-employed.> Business is still continuous.

Cessation of work.>Concerted refusal or refusal under common understanding > By no. Of employees> Who are or have been employed in industry to continue or to accept work.>Armoury of workmen for compelling to employer. >No strike during the pendency of any dispute’s proceeding. Notice should be served. > Mostly related with wages..

a) Employer isn’t willing to employ b)Temporary closing of a place of employment. c) Suspension of work.d) Refusal by employer to continue to employ any no. persons employed by him.e) Act is to coerce or pressurise the labour.f)It is due to an industrial dispute &during the period of continuous.g)Establishment is completely closed.h) Compensation depends upon legal or illegal lock- out, justified or unjustified lock-out etc.

BANDANA TYC LAW 4t

h SEM.

SYSTEM AUTHORITY PURPOSE CONSTITUTION

POWERS DUTIESNon-adjudicatory

Adjudicatory

ArbitrationCourts

WorksCommitteeConciliationOfficerBoard of conciliation

Prevention Section 3 Section 3(1) Section3(2)

Section 4 Section 11 Section 12

Section 5 Section 11 Section 13

Section 6 Section11 Section 14

Section 7 Section 11&11 A Section 15

Section 7(a) Section 11 & 11-A Section 15

Section 7(b) Section 11& 11-A Section 15

Section 10-A Section 10A(2) Section10A(4)

Conciliation &Mediation

Board of conciliation

Investigation

AdjudicationIndustrial Tribunal

Court of enquiry

Labour court

National tribunalVoluntary Arbitration

H.C.& S.C.

I.T.

N.T.

Arbitration

Final decision Articles 136,226&227Of the constitution.

WORKS COMMITTEECONSTITUTION Statutory body 100 or more

workmen are employed

Appropriate government may by general or specific order to constitutes

Shall be constituted with the representative or employer or workmen

Representative are elected by in prescribed manner

Elected in such a manner that all categories , groups and classes of workmen engaged in various sections , shops or departments

OBJECTS Primary step to

investigate and settlement of industrial dispute

Through direct negotiation between representatives of employers and workmen

Secure industrial peace

Securing and preserving amity and good relations b/w employer and workmen

Make friendly atmosphere b/w mgt. and workers

DISSOLUTIONConcerned officer or authority under rule 57 of the ID Act 1947…---1. Not constituted in

accordance with rules 38 to 57;

2. If nit less then 2/3 of the representative of the workmen in the committee failed to attend 3 consecutive meetings

3. Ceased to function for any other reason


MEANING OF CONCILIATION

> It implies a compromise---

a basically voluntary process

> Not an adjudicative mechanism.>Alternative method of

resolving the disputes.

Conductive step to avoid

avert recourse to

adjudication

“CONCILIATION” Means ‘bringing of opposing parties or individual into harmony..’


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