Labour Law

LABOUR LAW
UNFAIR LABOUR PRACTICES UNDER THE

INDUSTRIAL DISPUTES ACT: IDENTIFICATION AND
REMEDIES
• This article has been written by Raksha Yadav, studying
BBA.LL.B and pursuing a Diploma in General
Corporate Practices: Transactions, Governance, and
Disputes from LawSikho.
SYNOPSIS
Table of contents
1. Introduction
2. Practices that can be considered unfair labour practices
3. Unfair labour practices by the employer
4. Unfair labour practices by Trade Unions
5. State legislations on unfair labour practices
• Bombay Industrial Relations Act, 1946
• The Madhya Pradesh Industrial Relations Act, 1960
6. Authorities under the Industrial Dispute Act, 1947 for dispute settlement
• Work committees (Section 3)
• Court of Inquiry (Section 6)
7. Landmark judgments
• S.G. Chemical and Dyes Trading Employees’ Union v. S.G. Chemicals and Dyes Trading Limited and Another,
1986
INTRODUCTION
• To ensure and prevent such disputes and for the welfare of

labourers or workmen and their employers, the Industrial Disputes
Act of 1947 came into force.
• Industrial Dispute Act:
The Industrial Disputes Act, 1947 extended to the whole of India and
regulated Indian labour law concerning trade unions as well as
Individual workman employed in any industry within the territory of
Indian mainland.
PRACTICES THAT CAN BE CONSIDERED UNFAIR
LABOUR PRACTICES
• Before the enactment of labour legislation, workmen and labourers were
dominated by employers, but gradually labour welfare provisions were
introduced, such as the Trade Union Act of 1926, the Factories Act of 1948, and
the Minimum Wages Act of 1948, which gave recognition to the rights of
labourers and protected them from exploitation and unfair labour practices.
• Unfair labour practices are defined under the Fifth Schedule, Section 2(ra) of the
Industrial Dispute Act, 1947, which was added after the Industrial Disputes
(Amendment) Act, 1982.
• Section 2 (ra)
(ra)[ “unfair labour practice” means any of the practices specified in the Fifth
Schedule; [ Inserted by Act 46 of 1982, Section 2 (w.e.f. 21.8. 1984).]
UNFAIR LABOUR PRACTICES BY THE EMPLOYER
• The employer can not prohibit their employees from joining or

establishing any trade union or can not interfere in their work.
• Firing any employee on false allegations, and little technical mistakes
made by the workers.
• Maliciously transferring workers
• Refuse to promote a worker because they supported unions
• Demotion of the workmen because they took part in trade union.
activities
UNFAIR LABOUR PRACTICES BY TRADE UNIONS
• Promoting and supporting illegal strikes

• Using criminal force against workers who are not participating in strikes or
lockouts that are not permitted as per the provisions of the legislation
• Imposing illegal strikes such as going slow, or gherao(surrounding the employers to
fulfil the demands of the workers).
• Threatening or harassing the workers who are going to work.
STATE LEGISLATIONS ON UNFAIR LABOUR PRACTICES
• In India, most of the labour legislations are enacted by the Central Government
but apart from this, states have also introduced legislation that governs labour
laws.
• Bombay Industrial Relations Act, 1946
This Act came into force in April 1946 and was applied to the whole of
Maharashtra. It tries to govern the provisions and resolve conflicts between an
employer and their employees.
• The Madhya Pradesh Industrial Relations Act, 1960
This Act came into being in 1960. This Act states that an employer can not penalise
any of his employees for participating in any trade union activities like strikes or
lock-outs which are legal.
LANDMARK JUDGMENTS
• S.G. Chemical and Dyes Trading Employees’ Union v. S.G. Chemicals and
Dyes Trading Limited and Another, 1986
In this case, the trade union filed a complaint against the company under Section
28 of the Maharashtra Recognition Trade Union and Prevention of Unfair
Labour Practices Act, 1971.
• Section 28
Section 28 of the Bharatiya Nyaya Sanhita (BNS) of 2023 deals with the validity
of consent
• Unfair Labour Practices Act, 1971
A law that aims to regulate industries in India and prevent unfair labor practices.
AUTHORITIES UNDER THE INDUSTRIAL DISPUTE ACT,
1947 FOR DISPUTE SETTLEMENT
• She Act came into force for labour welfare and aims to investigate, settle industrial
disputes and prevent unfair labour practices.
• Work committees (Section 3)
Section 3(2) of the Act has to maintain an amicable relationship between an employer and
workmen, work for the interests of both employers and workmen, and take necessary steps
to avoid industrial disputes.
• Section 3 (2)
The object behind clause (v) of Section 3(2) of the Act is to punish the persons, who commi
offences under the Indian Penal Code punishable for a term of ten years or more, against a
members of Scheduled Castes or Scheduled Tribes on the ground that such person belongs t
Scheduled Castes or Scheduled Tribes or such ...
COURT OF INQUIRY (SECTION 6)
• According to Section 6 of the Act, the government may appoint a court of inquiry
by its official notification to enquire into the matter and make a report on the
inquiry within six months. It is borrowed from the British Industrial Courts Act,
1919.
CONCLUSION
• One of the major labour welfare legislation is the Industrial

Disputes Act, 1947, which deals with industrial peace and the welfare
of labourers from any kind of exploitation. The Act prohibits unfair
labour practices and also mentions the penalties for the same.
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LABOUR LAW

UNFAIR LABOUR PRACTICES UNDER THE

• To ensure and prevent such disputes and for the welfare of

• The employer can not prohibit their employees from joining or

• Promoting and supporting illegal strikes

• One of the major labour welfare legislation is the Industrial

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