Industrial Dispute Act 1947

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Industrial Dispute Act.

1947

INDUSTRIAL

DISPUTE
ACT. 1947
 Definition

 Sections and Subsections

 Types of Industrial Dispute Act.

 Causes of Industrial Dispute Act.

 Authorities Under the Act.

 Strike

 Lock-out
Definition of Industrial Dispute falls easily into three parts

 There must be a dispute or differences;

 The dispute or difference must be between employers


and employers, or between employers and workmen, or
between workmen and workmen;

 The dispute or difference must be connected with


the employment or non-employment or the terms of
employment or with the conditions of labour of any
person.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Appropriate Government [section 2(a)]– means the Central Government in


relation to :-

Any industry carried-on:


 By or under the authority of the central government, or
 By a railway company, or
 Concerning any such controlled industry as may be specified in this
behalf by the central government.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Average pay [section 2(aaa)]- “Average Pay” means the average of


monthly paid workman:

 In the case of monthly paid workman, in the three complete calendar


months;
 In the case of weekly paid, workman, in the four complete weeks;
 In the case of daily paid workman, in the twelve full working days.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Award [Section 2(b)]- “Award” means an interim or a final determination


of any Industrial dispute or of any question relating thereto by any Labour
Court, Industrial Tribunal or Nation Industrial Tribunal and includes an
arbitration award made under Section 10-A
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Board [Section 2(c)]- “Board” means a Board of Conciliation constituted


under the Act.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Closure [Section 2(cc)]- “Closure” as the permanent closing down of a


place of employment or thereof.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Conciliation Officer [Section 2(d)]- “Conciliation Officer” means a


Conciliation Officer appointed under
the Act.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Conciliation Proceeding [Section 2(e)]- “Conciliation Proceeding” means


any proceeding held by a
Conciliation Officer or Board of
Conciliation under the Act.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Court [Section 2(f)]- “Court” means a Court of Inquiry constituted under


the Act.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Employer [Section 2(g)]- “Employer” means in relation to an industry:

 Carried-on by or under the authority of any department of the Central


Government or a State Government, the authority prescribed in this
behalf; or where no authority is prescribed, the head of the
department;
 Carried-on by or on behalf of a local authority, the chief executive
office of that authority.
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Wages [Section 2(rr)]- “Wages” means a remuneration payable to


workman in respect of his employment being expressed in terms of
money, and includes:

 Allowances
 Value of house accommodation
 Any travelling concession
 Any commission payable on the promotion of sales or business or
both
2
2(a) 2(b) 2(c)
(aaa)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(rr) 2(s)

Workmen [Section 2(s)]- “Workman” means any person employed in any


industrial establishment to do any skilled or unskilled manual,
supervisory, technical or clerical work for hire or reward, whether the
terms of employment be expressed or implied.
INTERES
T
DISPUTES

RIGHTS
DISPUTES

RECOGNITION
DISPUTES

DISPUTES OVER
UNFAIR
LABOUR
ECONOMIC
FACTORS

NON-ECONOMIC FACTORS

MANAGEMENT PRACTICES

TRADE UNION PRACTICES

LEGAL AND POLITICAL


FACTORS
 Conciliation Officer (Section 4)
Works Committee (Section 3)
Board of Conciliation

(Section 5) Court of

Inquiry (Section 6)
Labour Courts (Section

7) Industrial Tribunal

(Section 7-A)
 A strike is a spontaneous and concerted withdrawal of labour
from production temporarily.

 A collective stoppage of work by a group of workers for


pressuring their employers to accept certain demands.

According to section 2(q) ,ʺstrike means a cessation of work by a


body of persons employed in any industry acting in combination, or a
concerted refusal under a common understanding of a number of
persons who are or have been so employs to continue to work or to
accept employmentʺ

Strike
ʺLock-out means the temporary closing of a place of
employment or he suspension of work, or the refusal by
an employer to continue to employ any number of
person employed by himʺ
“LAW AND ORDER EXIST FOR
THE PURPOSE OF
ESTABLISHING JUSTICE AND
WHEN THEY FAIL IN THIS
PURPOSE THEY BECOME
THE DANGEROUSLY
STRUCTURED DAMS THAT
BLOCK THE FLOW OF
SOCIAL PROGRESS.”
Martin Luther King, Jr.

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