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    Priti HRM

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    The document discusses key aspects of the Industrial Disputes Act, 1947 in India. It defines an industrial dispute and outlines the objectives of promoting amity between employers and workers, investigating disputes, and preventing illegal strikes. It describes features such as extending to all of India, encouraging arbitration, and establishing works committees. Authorities established under the act include works committees, conciliation officers, boards of conciliation, courts of inquiry, labour courts, and industrial tribunals to investigate and settle disputes.

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    Priti HRM

    Uploaded by

    mbapriti
    35 views27 pages
    The document discusses key aspects of the Industrial Disputes Act, 1947 in India. It defines an industrial dispute and outlines the objectives of promoting amity between employers and workers, investigating disputes, and preventing illegal strikes. It describes features such as extending to all of India, encouraging arbitration, and establishing works committees. Authorities established under the act include works committees, conciliation officers, boards of conciliation, courts of inquiry, labour courts, and industrial tribunals to investigate and settle disputes.

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    Industrial Law

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    priti hrm

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    The document discusses key aspects of the Industrial Disputes Act, 1947 in India. It defines an industrial dispute and outlines the objectives of promoting amity between employers and workers, investigating disputes, and preventing illegal strikes. It describes features such as extending to all of India, encouraging arbitration, and establishing works committees. Authorities established under the act include works committees, conciliation officers, boards of conciliation, courts of inquiry, labour courts, and industrial tribunals to investigate and settle disputes.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    35 views27 pages

    Priti HRM

    Uploaded by

    mbapriti
    The document discusses key aspects of the Industrial Disputes Act, 1947 in India. It defines an industrial dispute and outlines the objectives of promoting amity between employers and workers, investigating disputes, and preventing illegal strikes. It describes features such as extending to all of India, encouraging arbitration, and establishing works committees. Authorities established under the act include works committees, conciliation officers, boards of conciliation, courts of inquiry, labour courts, and industrial tribunals to investigate and settle disputes.

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    of 27

    INDUSTRIAL DISPUTES

    ACT, 1947

    INDUSTRIAL DISPUTES ACT, 1947


    As per section 2 (k) of Industrial Disputes
    Act1947, Industrial Dispute is defined as 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 employment or
    with the condition of labour of any person

    OBJECTIVES
    Promotion of measures for securing
    and preserving amity and good relation
    between the employers and workers
    Investigation and settlement of
    industrial disputes
    Prevention of illegal strikes and lock
    outs
    Relief to workmen in the matter of lay
    off and retrenchment
    Promotion of collective bargaining

    FEATURES
    This act extends to the whole of India including the
    state of Jammu and Kashmir
    It encourages arbitration over the disputes between
    employers and employees
    It provides for setting up of works committees as
    machinery for mutual consultation between
    employers and employees to promote cordial
    relation
    This Act paved the way for setting up permanent
    conciliation machinery at various stages having
    definite time limits for conciliation and arbitration
    This Act emphasis on compulsory adjudication
    besides conciliation and voluntary arbitration of
    Industrial Disputes

    The Act empower the Government to make


    reference of the dispute to an appropriate
    authority ie, Labour court, Industrial tribunal and
    National tribunal depending upon the nature of
    the dispute either on its own or on the request of
    the parties
    The right to strike by the workers and lockout
    by the employees has been subjected to the
    restriction as laid down in the Act
    The act prohibits strikes and lockouts during
    the pendening of conciliation and arbitration
    proceedings and in public utility service and it
    empowers government to take adequate action

    Terms under Industrial Disputes Act, 1947


    APPROPRIATE GOVERNMENT Sec 2 (a)
    Refers to Central Government/State
    Government
    ARBITRATOR Sec2 (aa)
    Referred as an umpire.
    It means any person who is appointed to
    determine differences and disputes between
    two parties.

    WAGES Sec 2(rr)


    It means all remuneration capable of being
    expressed in terms of money, if the term of
    employment were fulfilled, be payable to a
    workman in respect of his employment or of work
    done in such employment.
    INDUSTRY- Sec 2(i)
    Industry means any systematic activity carried on
    by co-operation between an employer and his
    workmen whether such work men are employed by
    such employee directly or by or through any agency
    including a contractor for the production, supply or
    distribution of goods or services with a view to
    satisfy human wants or wishes with a motive to
    make any gain or profit; not merely spiritual or
    religious.

    WORKMEN - Sec 2(s)


    Means any person including an apprentice
    employed in any industry to do any manual,
    unskilled, skilled, technical, operational,
    clerical or supervisory work for hire or reward
    the terms of employment be express or
    implied and there should be a contractual
    relationship between master and servant

    INDUSTRIAL ESTABLISHMENT- Sec 2(ka)


    Means an establishment or undertaking in
    which industry is carried on
    PUBLIC UTILITY SERVICE- Sec 2(n)
    Means any industry specified in the First
    Schedule of Industrial Disputes Act, 1947,
    can be declared as Public Utility Service by
    government through a notification in the
    official Gazette for a fixed period (not more
    than six month for the first instance)

    SETTLEMENT Sec 2(p)


    Means
    A written agreement between the employer
    and workmen arrived in the course of
    conciliation proceeding provided;
    Such agreement has been signed by the
    parties there to in the manner prescribed
    A copy has been sent to an officer authorized
    by the appropriate government and the
    conciliation officer.

    Authorities under Industrial Dispute Act,1947


    Works Committee (Sec 3)
    Conciliation Officers (Sec 4)
    Board of Conciliation (Sec 5)
    Court of Inquiry (Sec 6)
    Labour Court (Sec 7)
    Industrial Tribunal (Sec7-A)
    National Tribunal (Sec7-B)

    1. WORKS COMMITTEE (Sec-3)


    Constituted based on appropriate
    Government order
    Applicable to industrial establishment in
    which 100 or more workmen are employed
    on any day in the preceding 12 months
    Consists of representatives of employees
    and workmen engaged in the establishment.
    Number of workmen representatives shall
    not be less than the number of employers
    representatives
    Representatives of workmen are selected in
    consultation with Trade union

    DUTIES
    To promote measures for securing and preserving amity
    and good relations between the employer and the
    workmen
    To comment upon matters of their common interest or
    concern.
    CONCILIATION OFFICERS (Sec 4)
    The appropriate government, by notification in the
    official Gazette appoints a specific number of persons
    as it think fit to be as conciliation officers
    Conciliation officer may be appointed for a specified
    area or for specified industries in specified area either
    as permanent or for a limited period
    A conciliation officer shall be deemed to be as a public
    servant as per Sec. 21 of Indian penal code 1860

    DUTIES
    1. When any industrial disputes exist, the conciliation
    officer should hold conciliation proceedings in a
    prescribed manner without delay to have right
    settlement.
    2. Whether settlement is reached or not, the conciliation
    officer must submit the report within 14 days of the
    commencement of the conciliation proceedings or
    within the date fixed by the appropriate government
    3. If the report submitted in satisfied to the appropriate
    Government, it may or may not refer the dispute to
    any authority under the Act. If the Government is not
    making any reference, it should record and
    communicate the reason to the contending parties
    4. The duty of a conciliation officer is administrative and
    not judicial

    3. BOARD OF CONCILIATION (Sec5)


    The appropriate Government by a notification in the official
    Gazette constitutes a Board of Conciliation for promoting the
    settlement of an industrial dispute
    The Board consists of a Chairman and two or four other
    members, as the appropriate government thinks fit
    The Chairman shall be an independent person; unconnected
    with the dispute
    The other members shall be persons appointed in equal
    number to represent the parties to the dispute
    The person appointed to represent a party shall be
    appointed on the recommendation of the party
    The appropriate Government appoints a fit person as it
    thinks, if any party fails to make a recommendation within a
    prescribed period
    A Board of Conciliation can act only when a dispute is
    referred to it by the Government

    DUTIES
    1.When a dispute has been referred to a Board, it will
    investigate the matter affecting the merits and right
    settlement of the dispute without delay
    2. Whether settlement is reached or not, the Board must
    submit the report within two months of the date on
    which the dispute was referred to it
    3. If no settlement is arrived, the Government may refer
    the dispute to the labour court, Industrial Tribunal or
    National Tribunal.
    4. The time for submission of report may be extended by
    such period as may be agreed to in writing by all the
    parties to the disputes

    5. The report of the Board shall be in writing


    and shall be signed by all the members of
    the Board.
    6. The report submitted shall be published
    by the appropriate Government with in 30
    days from the receipt
    7. A Board of Conciliation can only try to
    bring about a settlement. It has no power
    to impose settlement on the parties to the
    dispute

    4. COURT OF INQUIRY (Sec 6)


    The appropriate Government, by notification in the
    official Gazette, constitutes a Court of Inquiry in to
    any matter relevant to an Industrial dispute
    A Court of Inquiry consists of one independent
    person or of number of independent persons as the
    appropriate Government may think fit
    Court of Inquiry consists of two or more members,
    one of them shall be appointed as Chairman
    The Court of Inquiry can act under a prescribed
    quorum; even at the absence of Chairman
    If the service of the chairman is ceased by the
    Government through notification, the court shall not
    act until a new chairman has been appointed

    All members of the court shall be deemed to


    be public servants under Sec 21 of the Indian
    penal code 1860
    Every inquiry by a court shall be deemed to be
    judicial proceeding
    A Court of Inquiry has same powers as a civil
    court under the Code of Civil Procedure 1908
    The court has the right to appoint one or more
    persons having special knowledge of the
    matter of the dispute as an advisor

    DUTIES
    A Court shall inquire into the matters
    referred to it and report to the appropriate
    government within a period of 6 months
    from the commencement of the inquiry
    The report of the court shall be in writing
    and signed by all the members of the court.
    Members are free to record their dissent
    The report submitted shall be published
    within a period of 30 days of its receipt by
    the Government

    5. LABOUR COURT (Sec 7)


    1.A labour court consists of one person only to be
    appointed by the appropriate Government
    2.A person shall not be qualified for appointment
    as presiding officer of a labour court unless
    a) He is / has been a Judge of a High Court
    b) He has been as a District Judge /Additional District
    Judge for a period not less than three years
    c) He has held any judicial office in India for not less
    than seven years

    DUTIES
    1. Adjudicate upon the industrial disputes
    relating to any matter specified in the Second
    Schedule
    2. 2. When an industrial dispute has been
    referred to a labour Court for adjudication
    ,within the specified period, it should submit
    award to the appropriate Government
    3.It shall be published in such manner as the
    appropriate Government thinks fit within a
    period of 30 days from the date of its receipt
    by the appropriate Government

    6. INDUSTRIAL TRIBUNAL (Sec7-A)


    The appropriate Government by notification in the
    official Gazette , constitute one or more industrial
    tribunals for the adjudication of industrial disputes
    relating to any matter specified in Second or Third
    Schedule
    The Tribunal consists of one person to be appointed
    by the appropriate Government
    A person shall not be qualified for appointment as
    the presiding officer of an Industrial Tribunal unless
    a) He is/ has been a Judge of a High Court
    b) He has been a District Judge / Additional District
    Judge for a period of three years

    No person shall be appointed to or continue in office


    of a presiding officer if
    He is not an independent person.
    He has attained the age of 65 years.

    DUTIES
    It shall submit its award to the appropriate
    Government within a specified period if an industrial
    dispute is referred to an Industrial Tribunal
    The award shall be in writing and shall be signed by
    its presiding officer
    The award shall be published by the appropriate
    government within a period of 30 days in a manner
    as the appropriate government thinks fit
    As it is a quasi judicial body, it must serve notice
    upon the parties to the reference by name before
    making any award

    7. NATIONAL TRIBUNAL (Sec7-B)


    The Central government ,by notification in the official
    Gazette constitute one or more National Industrial
    Tribunals for the adjudication of industrial disputes :
    1.Involving questions of national importance
    2.Which are of such a nature that industries are more
    than one state are likely to be interested in, or
    affected by, such disputes
    3.Matters appearing in Second and Third schedule
    A National Tribunal consists of one person to be
    appointed by Central Government
    A person shall not be qualified for appointment as a
    presiding officer of a National Tribunal unless he is /
    has been a Judge of High Court

    No person shall be appointed to ,or continue


    in the office of the presiding officer of a
    National Tribunal if
    He is not an independent person
    He has attained the age of 65 years

    DUTIES
    When an industrial dispute is referred to the
    National Tribunal for adjudication, it shall
    submit its award to the appropriate
    government
    The award shall be in writing and shall be
    signed by the presiding officer of the National
    Tribunal
    It shall publish the award within a period of
    30 days from the date of its receipt by Central
    Government

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