unit 3 industrial disputes act, 1947

7/30/2019 Unit 3 Industrial Disputes Act, 1947

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Industrial Disputes Act, 1947

Unit III


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Industrial Disputes Act

Came into force with effect from 1st April 1947

Applies to whole of India

It has undergone 34 major amendments by the

Parliament

Objectives of the act

Provide for investigation and settlement of industrial

disputes by removing procedural delays

Creating efficient statutory machinery for settlement

of industrial disputes

Promote harmony


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Industry

Court Any systematic activity organized or arrangedin a manner in which trade or business was

generally organized or arranged would be an

industry even if it proceeded from charitable

motives.

Sec 2(j) : Industry means any systematic activity

carried on by co-operation between an employer

and his workmen (whether directly appointed or

through an agent) for production, supply or

distribution of goods or services with a view to

satisfy human wants or wishes whether or not


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Industrial Dispute

Industrial Dispute means any dispute or

difference between employers and employers,

or between employers and workmen, or

between workmen and workmen, which is

connected with the employment or non-

employment or the terms of employment or

with the conditions of labor of any person.


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Workman

Workman means any person (including anapprentice) employed in any industry to do any

manual unskilled, skilled, technical, operational,

clerical or supervisory work for hire or reward,

whether the terms of employment be express or

implied, and for the purposes of any proceeding

under this Act in relation to an industrial dispute,

includes any such person who has been dismissed,discharged or retrenched in connection with or as a

consequence of that dispute, or whose dismissal,

discharge or retrenchment has led that dispute


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Wages

Wages means all remuneration capable of being

expressed 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 of work done in such employment

Average Pay : Average of the wages payable to

workman

In case of monthly paid workman, 3 calendar months

In case of a weekly paid workman, 4 complete weeks

In case of a daily paid workman, 12 full working days


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Unfair Labor Practice

Specified in Fifth Schedule

Introduced by Amendment Act, 1982

Person committing any unfair labor practice ispunishable with imprisonment up to 6 months

or fine up to Rs.1000 or both


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Authorities for settlement of

Disputes For investigation and settlement of industrial

disputes by mediation, investigation or formalenquiry, arbitration and adjudication

Works Committee

Conciliation Officer

Boards of Conciliation

Courts of Inquiry Labor Courts

Industrial Tribunal

National Tribunal


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Works Committee

Constituted by employer where 100 or more

workmen are employed or have been employed on

any day in preceding 12 months

Consists of representatives of employers and

workmen in equal number

Choosing workmen representatives : consultation

with the registered trade union of the employees Duties : promote measures for securing and

preserving amity and good relations between the

employer and workmen


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Conciliation Officers

Appropriate Government may appoint by

notification in the Official Gazette

May be appointed for a specific area or specified

industries in a specified area or for one or more

specified industries either permanently or for alimited period

Duties

To hold conciliation proceedings

To investigate industrial dispute

To report the same to appropriate Government within

14 days of commencement of conciliation proceedings


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Conciliation Officers

Powers

Enter premises occupied by any establishment to which

dispute relates after giving reasonable notice

To enforce attendance of any person for purpose of

examination or for inspection of documents

Importance

Strike and lock out prohibited when conciliationproceedings are pending

Alteration of conditions of service by employer is

forbidden when conciliation proceedings are pending


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Appropriate Government constitutes Board of

Conciliation, by notification in the Official

Gazette

Consist of a chairman and two or four other

members appointed in equal number to

represent parties to the dispute

Chairman should be an independent person


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Duties of the Board

To bring a settlement

Report to the Appropriate Govt. , together with

memorandum of settlement signed by the parties

to the dispute

Submit report within 2 months of date on which

dispute was referred


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Powers of Boards of Conciliation

May enter premises occupied by any

establishment after giving reasonable notice

Enforce attendance of any person and examine

him on oath

Compel production of documents and material

objects Call for and examine witness


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Court of Enquiry

Constitution : Appointed by Appropriate Govt.

by notification in Official Gazette

Duties of Court of Enquiry

Inquire matters referred to it

Report within 6 months from commencement of

its enquiry

Report signed by all members and dissent is also

recorded

Appropriate Govt. to publish the report within 30

days from the date of receipt


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Court of Enquiry

Powers of Courts of Enquiry

Can appoint assessors having special knowledge

to advise it in proceedings

Same as Board of Conciliation


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Industrial Tribunals

Appropriate Government constitutes 1 or

more Industrial Tribunals for adjudication of

industrial disputes relating to matter specified

in 2nd or 3rd Schedule

Constitution to be notified in Official Gazette

Only 1 person called Presiding Officer

Duties of Industrial Tribunal

Same functions as those of Labor Court

Submit award within time specified in order


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Industrial Tribunal

Powers of Industrial Tribunal

Same as those of a Labor Court

Quasi-Judicial machinery


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National Tribunal

Constituted by Central Government by

notification in Official Gazette

Issues involving questions of national

importance or are of such nature that

establishments are situated in more than 1

state : are dealt by National Tribunal

Powers of National Tribunal are similar to

those of Industrial Tribunal


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Strikes

Cessation of work by a body of persons

employed in any industry acting in

combination, or a concerted refusal or a

refusal under a common understanding of any

number of persons who are or have been so

employed to continue to work or to accept

employment Strikes does not by itself terminate the

relationship between employer and employee


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Lock Out

Temporary closing of a place of employment or

the suspension of work or the refusal by an

employer to continue to employ any number of

persons employed by him

Strikes and Lock Outs are tools in the hands of the

labor and employer in the process of collective

bargaining.

During the pendency of proceedings in any of the

machinery set up under this Act strikes and lock

outs have to be prohibited


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Lay Off

Lay-off means the failure, refusal or inability of

an employer, on account of shortage of coal,

power or raw materials or the accumulation of

stock or the breakdown of machinery ornatural calamity or for any other connected

reason, to give employment of a workman

whose name is borne on the muster rolls ofhis industrial establishment and who has not

been retrenched


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Retrenchment

Retrenchment means the termination of a

workman for any reason whatsoever,

otherwise than as a punishment inflicted by

way of disciplinary action, but does notinclude:

Voluntary retirement of the workman or

Retirement of the workman on reaching the ageof superannuation

Termination of the service of workman on the

ground of continued ill-health


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Closure

Right to close a business is an integral part of

the fundamental right to carry on business

It can be restricted, regulated or controlled by

law in the interest of general public the right

to close business

Apply to appropriate government atleast 90

days before intended closure

unit 3 industrial disputes act, 1947

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