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Industrial Disputes Act 1947
Industrial Disputes Act 1947
Introduction
Introduction
• Test-
– (i) where there is systematic activity, (ii) organised
by co-operation between employer and employee,
(iii) for the production and/or distribution of goods
and services calculated to satisfy human wants and
wishes, it is an industry.
Triple test-
• Emphasis on-
– (1) industry does not include spiritual or religious services or
services geared to celestial bliss;
– (2) absence of profit motive or gainful objective is irrelevant;
– (3) special emphasis is on employer-employee relations;
– (4) if the organisation is a business or trade it does not cease
to be one because of philanthropy animating the undertaking.
Is Municipal Corporation an Industry?
• Pharmacy,
• Railways etc. have been held to be an industry.
• Association of Cloth Merchants,
• Book Shop,
• Hair Cutting Saloon,
• Forest Department,
• Post and Telegraph,
• Any non-sovereign function.
Strike and Lockout
• In any industrial endeavour co-operation of labour and
capital is very essential for its success, although they
have interests contrary to each other.
• Strike and lockout are two weapons available to the
employee and employer respectively to enforce their
industrial demands.
• Strike is one of the oldest and the most effective
weapons of labour in its struggle for securing economic
justice.
Strike and Lockout
• Essential requirements for the existence of a strike:
– there must be cessation of work;
– it must be by a body of persons employed in any industry;
– strikers must have been acting in combination;
– strikers must be working in any establishment which can be
called industry under the Act;
– there must be concerted refusal; or
– refusal under common understanding;
– they must stop work for some demands relating to
employment, non- employment, or terms of employment.
Strike and Lockout
• Essential requirements for lockout:
– temporary closing of place of employment;
– the element of a demand for which the industrial
establishment has been locked out, must be present;
– intention to re0open or take the workers back if they accept
the demands must exist;
– Employer and employee must be engaged in an industrial
process carried on in an institution falling within the meaning
of industry as defined in the Act.
Strike and Lockout