legislation preceding industrial disputes act,1947

7/29/2019 Legislation Preceding Industrial Disputes Act,1947

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Employees and Workmen (Disputes)Act,1860

- The first legislative measure dealing with thesettlement of ID in India.

-The act empowered magistrates to dispose of

disputes concerning wages of workmen employedin railways, canals etc

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After the FIRST WORLD WAR, there wasincrease in the no. of ID resulting in frequentstrikes and lock- outs

This made it necessary to adopt Legislation fortheir effective settlement and thus this act waspassed which authorized the central andProvincial govt. to estb. Courts of Inquiry and

Boards of Conciliation.

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The Trade Act,1929 was experimental for 5yrs.so with a view to make it permanent thisact was enacted in april,1934.

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This act empowered the Central and provincialgovernments to appoint Conciliation Officersfor mediating in and promoting the

settlement of ID in any business,industry etc. The act enlarged the definition of public utility

services so as to include power plants ,etc.

The provisions regarding illegal strikes andlock- outs were made less restrictive.

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This rule which was added to the Defence ofIndia Rules in january 1942 ,empowered thegovt.

a)To prohibit strikes or lock-outs in connectionwith any trade dispute ;

b) To refer any dispute to conciliation oradjudication;

c)To require employers to observe specified termsand conditions.

d)To enforce the decisions of the adjudicators .

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At the time this act was being enacted ,therewas a considerable increase in Industrial unrestowing to the stress of post war industrial re

adjustment. Many provisions of the Rule, particularly those

relating to the public utility services , wereincorporated in the new legislation.

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There are 14 amendments in total made tillnow which are as follows ;

Amendments took place in the following years;

1949,50,51,52,53,54,56,

1964,65

1971,72

Most importantly 1982

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Any dispute or difference between:

Employer & Employer

Employer & Workmen

Workmen & Workmen.

Any employer discharge, dismiss, retrenches or

terminates the service of an individualworkman.

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A cessation of work by a employ in any industryacting in combination or a concerted refusal

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Closing of a place of employment orsuspension of work or the refusal by anemployer to continue to employ any number of

person employed by him.

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Any person employed in any industry to doany manual unskilled, skilled, technical,operational, clerical or supervisory work.

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The failure, refusal, or inability of an employeron account of shortage of raw material or theaccumulation of stocks or the breakdown of

machinery or natural calamity or any otherconnected reason to give employment toworkman whose name is borne on the musterrolls of his industrial establishment and who

has not been retrenched

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A settlement arrived at in the course of aconciliation proceeding & includes a writtenagreement between the employer and

workmen.

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The authorities for prevention or settlement ofdisputes under the acts include:

Grievance Settlement Authority

Work Committee Conciliation Officer

Court Of Inquiry etc.

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A grievance settlement authority for thesettlement of industrial disputes connectedwith an individual workman employed in the

establishment. This authority follow prescribed procedure and

to complete the proceeding with in specifictime.

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Work committee in any industrialestablishment in which on hundred or moreworkmen are employed.

The number or workmen representative is notless than number of employer representative.

It promote measure of securing and goodrelations between the employer and workmen

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A conciliation officer may be appointed for aspecified area or for specified industries eitherpermanent or for limited period.

He is required to investigate the dispute and allmatter affecting its merit for promoting a rightsettlement

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It may consist of 1 individual person only ormore person but where it consists of two ormore person, one of them is to be appointed as

chairman. Court of inquiry is required to inquire into the

matter referred to it and report to appropriategovt. ordinarily within a period of 6 months

from the commencement of its inquiry.

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A person employed in public utility servicemust not go on strike in breach of contract:

I. Without giving to the employer a notice of

strike within six week before strikingII. Within fourteen days of such notice

III. Before the expiry of the date of strike specifiedin the notice

IV. During the pendency of conciliationproceedings before a conciliation officer andseven days after the conclusion of suchproceedings.

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If it is commencement or declared incontravention of the provisions relating togeneral prohibitions of strikes or lock-outs.

If it is continued in contravention of an ordermade under Sub-sec(3) of Sec 10 which saysWhere an industrial dispute has been referredto a board, Labour court etc.

If it is continued in contravention of and ordermade under Sub-sec (4) of sec 10A which readswhere an disputes has been referred toarbitration and a notification has been issued

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Notice of Change

Protection of Persons

Cognizance of Offences etc.

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The provisions relating to unfair labor practices were inserted by an amending

act of 1982. This states certain practices on the part of employers or workmen

or trade unions which are considered unfair as per the Industrial DisputesAct,1947.

BY EMPLOYERS ASSOCIATIONS

To interfere with, restrain from, or coerce , workmen in exercise of their right to

organize, form, join or assist a trade union or to engage in concerted activitiesfor the purpose of collective bargaining or other mutual aid or protection.

To dominate, interfere with or contribute support, financial or otherwise, to any

particular trade union. This could be done if the employer takes active interest

in organizing a trade union of his workmen or being partial and granting specialfavors to several unregistered trade unions.

To encourage or discourage membership in any trade union by discriminating

against workmen.

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To discharge or dismiss workmen by way of victimization, for patently false

reasons, on untrue allegations of absence from work without leave or for

misconduct of minor technical character.

To show favoritism to a particular set of workers regardless of merit.

Failure to implement reward, settlement or agreement.

To indulge in acts of force or violence.

To refuse to bargain collectively, in good faith with the recognized trade

unions.

Proposing or continuing a lock-out deemed to be illegal in this act.

To insist upon individual workmen, who are on a legal strike, to sign a good

conduct bond as a precondition to allow them to resume work.

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BY WORKMEN AND TRADE UNIONS OF WORKMEN

To advice or actively support or instigate any illegal strike.

To coerce workmen in the exercise of their right to join a trade union or

refrain from joining any trade union.

To refuse to bargain collectively with the employer.

To stage, encourage or instigate coercive actions such as willful go slow,

gherao etc.

To demonstrate at the residences of the employer or the managerial staff.

To incite or indulge in willful damage to employers property connected

with the industry.

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THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946

The main objective of the act is to regulate industrial relations and tosecure a speedier settlement of industrial disputes.

The act requires employers to constitute Joint Committees as a direct and

continuous link between employers and employees.

Labor Courts, Wage Boards and Industrial Courts are the adjudication

authorities.

Industrial Courts are the appellate authority. Labor Courts deal with thedisputes relating to standing orders and Wage Boards function under the

supervision of Industrial Courts.

Labor officers and Conciliators are also appointed to promote harmonious

relations between parties and also for speedy settlement of disputes. 30


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THE U.P INDUSTRIAL DISPUTES ACT, 1947

The act provide for the prevention of strikes and lock-outs and for the

settlement of disputes and other matters. The act empowers the stategovernment to issue orders in respect of the following matters :-

i. Prohibiting strikes and lock-outs in connection with industrial disputes.

ii. Appointing industrial courts.

iii. Referring any industrial dispute for conciliation or adjudication.iv. Regulating or controlling the working of any public utility service.

It provides for adjudication of disputes by a Tribunal consisting at leastthree persons (instead of only one in IDA,1947 ).

It also empowers the government to refer an award of labor court ortribunal for reconsideration before publication.

It further provides that settlement arrived between employer and employee

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THE M.P INDUSTRIAL RELATIONS ACT.1960

The act is to regulate the relations among employers and workmen and to

make provisions for the settlement of industrial disputes and other related

matters.

It provides for the constitution of Joint Committees, Labor Officers, Labor

Courts, Board of Arbitration, Industrial Courts, Courts of inquiry generallyon the lines of the Bombay Industrial Relations Act,1946.

It deals with recognition of trade unions and employers associations,

strikes and lock-outs and also protection to the employees.

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The IDA,1947 has been a significant piece of regulative labor legislation

reflecting the nature of governmental policies. The provisions of the acthave its implications in various areas of industrial relations such as

disputes, unfair labor practices, strikes, lock-outs, lay-offs, retrenchment

and closure, collective bargaining, standing orders, redressal of grievances

etc.

However, certain loopholes in the act have been experienced during thecourse of working, which are as follows :-

Extensive government intervention in the field of Industrial relations has

been observed, be it strengthening the role of conciliation authorities,

referring industrial disputes to adjudication authorities, declaration ofstrikes and lock-outs as illegal, implementation of awards and settlements

etc. the decisions of the government are influenced by the political party in

power.

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Frequent violations of provisions relating to strikes and lock-outs have

been conducted because of the complex procedures involved in deciding

the cases of violation and difficulties in establishing the participation of

workmen in illegal strikes.

Undue protection to individual workmen is provided regarding matters of

discharge, dismissal, retrenchment and termination has encouraged

perpetuation of indiscipline in the industry.

The list of unfair labor practices for employers and trade unions is too

much exhaustive.

Employees and Employers both have been vigorously opposing the

provisions relating to lay-offs, retrenchment and closure.

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legislation preceding industrial disputes act,1947

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