Industrial Dispute Act-1947

Ritu Parikh Hetal Thaker Yogita Vichare Manasi Sinari 406 416 411 444

Purpose of the act

 a) b)

The object of the act is two fold: To improve the service conditions of industrial workers. To bring industrial peace which would in its turn accelerate productive activity of the country resulting in its prosperity.

Applicapability/Non applicability
  

This act is a central act which came into operation on 1st April 1947. This act extends to the whole of India. Every person employed in an industry to do any manual, unskilled, technical, operational, clerical nature of work is covered by the act.. It excludes person employed in defense forces or those who are in police, prison, and civil service of the government which is covered in section sec2j and sec2s

Administration
 

It is administered both by the Central and state government in their respective spheres. Section 2a says that central government will handle the disputes regarding to mines, railways, major ports, airlines and other carried on by authority of central government. Remaining by the state government.

Objectives of the act

   

Harmony and cordial relationship between the parties. To provide a suitable machinery for investigation and settlement of disputes between employers and employees. To prevent illegal strikes and lockouts. To provide relief to the workers in matters of lay-off or wrongful dismissals and also to give them the right of collective bargaining

Definitions.


According to section 2(k) Industrial dispute means any dispute or difference between employers and employers or between employee and workmen or between workmen and workmen which is connected with the employment or terms of employment or wit the conditions of labor of any person. Industry: means any business, trade, undertaking, manufacture of employer is called an industry.

Other Definitions


 

Lay-off: means the failure, refusal or inability of an employer due to various reasons like rawmaterial etc. (Sec 2kkk) Lock-out: means temporary closing of a place of employment. (Sec 21) Strike: means a cessation of work by a body of person who are employed in any industry acting a combination or a concreted refusal. (Sec 2.9)

Other Definitions


Retrenchment: means the termination by the employer of the service of a workman for any reason whatsoever. (Sec 2n) Wages: means all remuneration capable of being expressed in terms of money payable to workman on fulfilling the terms. (Sec 2rr) Settlement: means a settlement that has been arrived at in the course of conciliation proceeding ad bind to all workmen.

Authorities under the act



Works Committee: It shall be constitute in every establishment where 100 more workmen are employed or have been employed o any day in the proceeding of 12 months. (Sec 3) Conciliation Officer: For holding conciliation proceedings and promoting the settlement of disputes. (Sec 4). Board of Conciliation : It may be constituted by the appropriate government by notification in the official gazette. ( Sec 5)

Authorities under the Act

  

Courts of Inquiry: It is an ad-hoc body as the occasion may arise by the appropriate government. ( Sec 6). Labour Courts: For deciding individual disputes relating to matters specified in scheduled II to the act. (Sec 7) Industrial Tribunal : For deciding mainly the collective disputes relating to matters specified in schedule III to the act. (Sec 7A)

Authorities under the Act



National tribunal: For deciding disputes involving questions of national importance of affecting establishments situated in more then one state. Voluntary Arbitration: When an employer and his workmen voluntary refer to an existing or apprehended industrial dispute between them to arbitration of any person of their choice it is called a voluntary reference to arbitration. (Sec 10A) Reference of disputes

Protection to workmen during Tendency or Proceeding



 

During the pendency or proceeding no employer can alter the conditions of service of the workman concerned with the dispute . Employer cannot dismiss or punish such workman without obtaining written permission of the authority concerned. If the employer dismisses or discharge the workman he must pay wages for one month and simultaneously apply to the authority for approval of such action.

Awards of Labour Courts & Tribunals



 a) b)

Award means any interim or a final determination of any industrial dispute or the question relating thereto by any labour court Industrial tribunal or national tribunal and includes on arbitration award made under section 10A. Binding effect of Awards and Settlement All parties to the dispute. The heirs successors or assigns the employer in respect of his establishment.

Awards of Labour Courts & Tribunals

c)

 a) b)

c)

All persons in the establishment whether employed on the date on which the dispute arouse or subsequent to that Period of Operation of an Award: The normal period of operation of any award is 1 year. The total period of operation cannot extend to three years from the date when it came into effect. An award remain binding on the partied beyond said periods and is terminated by a party by giving notice to the other party.

Conciliation Proceedings


When an industrial dispute arises or is apprehended in a public utility service & a notice of strike has been given under section 22 in respect there of it is incumbent on a conciliation officer to hold conciliating proceeding in respect of that dispute. A settlement arrived in this proceeding is binding to all parties.

Notice of Change (Section 9A)



a)

b)

If the employer proposes to effect any change in the conditions of service applicable to the workmen employed to him in respect of any matter specified in schedule IV which contains important service matters like wages, hours of work etc. He must give to the workmen a notice of proposed change. After giving such notice he must wait for 21 days for effecting the proposed change.

Strikes and Lockout ( Sec 22)

Strikes and lockout are prohibited in the public utility services without fulfilling the following conditions: 1) A statutory notice must be given to the employer within 6 weeks before the strike. 2) No strike/ lockout within 14 days of giving such notice. 3) Te strike/lockout can be called before the expiry of the specified date. 4) During any conciliation preceding no strike or lock out can be called.


Conclusion
It ensures harmonious relations through: a) Monitoring of industrial relations in Central Sphere. b) Intervention, mediation and conciliation in industrial disputes in order to bring about settlement of disputes. c) Intervention in situations of threatened strikes and lockouts with a view to avert the strikes and lockouts. d) Implementation of settlements and awards.