INDUSTRIAL DISPUTE ACT 1947- MECHANISM

1. Labour law –I
Industrial Dispute Act 1947
-P.Ishwarya.III YR Of BA.LLB
THE CENTRAL LAW COLLEGE

2. INDUSTRIAL DISPUTE ACT 1947
Introduction:
- Talks about disputes that occurs in an industry.
- This act apply to whole india.
- It came into force on 1st april,1947.
- consists of
*40 sections.
* 7 chapters.
* 5 schedules.
- The subject of labour comes under concurrent list in schedule -7 of indian
constitution.
Motto of the Act :
- To investigate and settlement of industrial disputes and certain other purposes.

3. Background of the Act
- Employer and Workmen (Dispute ) Act 1860.
- Trade Dispute Act 1929.
Employer and Workmen (Dispute) Act 1860:
- This act deals disputes related to wages only.
- Right to strike was not recognised by law.
- Disputes are resolved by majestrate.
- Repealed on 1932.
Trade Dispute Act 1929:
-Defects rectified.
- Right to strike was legally recognised.
- legislation for system of conciliation introduced for settle industrial
dispute.
- Amendment also made .
Note:
This act also facing lots of difficulties. After that ID Act came into play.

4. Mechanism
Investigation
• WORK COMMITTEE
(SEC- 3)
SETTLEMENT
• CONCILIATION
OFFICERS sec- 4
• Boards of
conciliation sec-5
Adjudication
• Labour courts .
• Industrial tribunal.
• National tribunal
• Arbitration.

5. Investigation Board.
Work committee:
- Recommendation by royal commission.
- for prevention of industrial disputes.
- committee consists of ( workmen + employee) = work
committee.
- 100 or more workmen employed in industry appropriate
govt require work committee within 12months.
Duties and functions:
- To maintain Harmonious relationship and peace.
- workers welfare.
- To promote industrial good will.

6. Structure of work committee
President
(Employer nominee). Vice president
(Workers representative)
Secretary Joint secretary
Tenure- 2yrs.
Total strength – 20

7. Kemp &co ltd vs their workmen.
• The decision of work committee are not conclusive or binding but
recommentary.
Dissolution of work committee
- The central govt or any officer authority to whom power under sec-39 has
been delegated.
- May aftertaking necessary enquiry can dissolve any works committee at
any time.
Section-39: delegation of power.
- appropriate government
*central .
* state.

8. settlement
• Conciliation officer
• Board of conciliation.
Conciliation officer(sec-4):
- official gazzette notification ( appoint no of. Person).
- jurisdiction, powers and so on mentioned in that gazzette.
- It may for permanent or limited period for specified area or for
specified industries.
Motto:
- duty to mediating & promoting the settlement of industrial
dispute.
Settlement:
- Detailed report submitted to appropriate govt with copy of
settlement arrived.
- Incase of failure sent a report with reason within 14days.

9. Board of conciliation sec-5
• Official gazzette notification.
• Consists of chairman and 2 or 4 members.
• Chairman- independent person.
• Members – representing both the parties must be equal no.
Duties:
- Investigate the dispute and inducing the parties to reach a fair and amical settlement.
- It enjoys the power of civil court.
Settlement:
- either settle or not sent a report to appropiate govt.
- Incase of success “ memorandum of settlement” signed by parties.
- Not settled stating reasons and recommendations for determination of dispute within
2months.
Difference sec-4 and sec-5:
- 14 days.
- 2 months.

10. Courts of enquiry
• Failure of conciliation proceedings.
• Aprropriate govt appoint a court of enquiry ( one or more person).
• Idea derived from english law.
Report:
- within 6 months report submited to appropriate govt from the date of
commencement.
- report published by govt within 30days .
Difference board and court:
- Board: settlement of industrial dispute.
- court:
* facts finding machinery.
* inquiry and reveal cause of an dispute.

11. Voluntary arbitration sec-10-A
• Originally the act doesn’t have any provision . After 1956 amendment came
into existence.
• India introduced this system and experimented in textile industry of
ahmadabad as far back as ( guidance) initiate by gandhi.
• National Arbitration promotion board set up in 1967 to strenghten voluntary
arbitration in our country.
• After submitted award by arbitrator. It must be published by govt within
30days.
Adjudication
Labour court:
- official gazette notification given by govt.
- may constitute one or more labour court for adjudication of industrial dispute
specified in second schedule.
- it consist of one person is called presiding officer.

12. Qualification for appointment as the judge of
labour court sec-7
• Judge of H.court.
• Dist. Judge or additional Dist. Judge for a period not less than 3yrs.
• Judicial office in india for not less than 7yrs.
• He has been the presiding officer of a labour court constituted under any
provincial act or state for not less than 5yrs.
Disqualification:
- not a independent person.
- attained the age of 65yrs.
Jurisdiction:
- illegality of strike or lockout.
- discharge or dismissal of worker and grant relief to them.
- withdrawal of any statutory concession or privilige.

13. Industrial tribunal sec-7A
• Official gazette constitute one or more industrial tribunals for adjudication of
industrial dispute specified in
* second schedule.
* third schedule.
- It is headed by presiding officer.
Note:
Assessors Appointment
- Appropriate govt.
- 2 assessors.
- advice him in proceedings.
Qualification:
- judge of H.court.
- dist.judge or Additional dist.judge period
Disqualification:
- not an independent person.
- attained age of 65 yrs.

14. jurisdiction
• Retrenchement.
• Leave with wages and holidays.
• Hours of work and rest intervals.

15. National tribunal
• Setup only by central level.
• Constitute by presiding officer.
• Two assesors for assist him.
Qualification:
- judge of H.court.
Disqualification:
-not a independent person.
- attained age of 65yrs.

16. Award and settlement
Award:sec- 2(b)
- award is the relief ( interim or final order) awarded for an industrial dispute by
adjudicating authorities such as:
* labour courts.
* tribunal.
* arbitrating authority.
Section:- 16: form of report or award:
- must be in writing.
- signed by presiding officer.
Section:17 publication of report and award:
- within 30days award must be publised by appropriate govt.
Enforcement of award:
- shall become enforceable on the expiry of 30 days from its publication.
-

17. Settlement- sec:2(p)
• Arrived in course of conciliation proceedings (between workmen and
employee).
• Must be in written and signed by the parties.
• Sent to the appropriate govt and conciliation officer.
Period of operation for settlement:
- comes into operation on such date agreed upon by the parties of dispute.
-date is not mentioned ( memorandum of settlement) signed by
parties(existence).
penalty:
- imprisonment extend to 6months or fine or both.
Difference between award and settlement:
- tribunal – concilation proceedings.
- signed by presiding officer – parties to agreement.

18. Unfair labour pratice sec-2 (ra)
• Pratices specified in 5th schedule.
* threatning workmen with discharge or dismissal if they join a trade
union.
*changing senority rating of workmen.
* partiality to one set of workers.
Penalty:
- imprisonment extend to 6 months or fine or both.
LH Factories and oil mills, pilibhit vs state of U.P
- discrimination in the matter of promotion.
- comes under unfair labour pratice.