This document provides an overview of legislation concerning the settlement of industrial disputes in India. It discusses the key definitions in the Industrial Disputes Act, 1947 such as "industrial dispute", "workman", "strike", and "lock-out". It also describes the various authorities established to settle industrial disputes, such as grievance officers, boards of conciliation, labour courts, and tribunals. Finally, it briefly discusses previous legislation preceding the 1947 Act and some state laws regulating industrial relations.

1. LEGISLATON
CONCERING
SETTLEMENT
OF INDUSTRIAL
DISPUTES

2. PREPARED BY:
NAME:
(1) SHRIYA BHATT
(2) SAGAR BUDHRANI
(3) JEET CONTRACTOR
(4) KAMAL GURJAR
(5) DIPAK KHATI
(6) MANISH PANDYA
(7) CHANAKYA PATADIA
(8) RISHI REDDY
(9) KRUNAL VANGRI
2
ROLL
NO.
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3. WHAT IS INDUSTRIAL DISPUTES ?
 According to Section 2 (k) of the Industrial
Disputes Act, 1947, the term ‘industrial
dispute’ means “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 of employment and conditions of
employment of any person”.
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4. TYPES OF INDUSTRIAL DISPUTES
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5. 5
 Industrial factors
 Management attitude toward workers
 Govt. Machinery
 Other Causes
CAUSES OF INDUSTRIAL DISPUTES

6. INDUSTRIAL FACTORS
 Grievances:- work, wages, bonus, hours of work,
privileges.
 Attitude of workers.
 Increasing prices and demand for increases in
DA.
 Indiscipline and violence among the workers.
 Introduction of new machinery and change of
place of factory.
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7. MANAGEMENT’S ATTITUDE
TOWARDS WORKERS
 Disinterest of the management to discuss with
the workers.
 Inadequate communication.
 Not involving the workers in decision-making.
 Management’s unwillingness to recognise a
particular trade union.
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8. ROLE OF GOVT. MACHINERY
 Not successful in implementing labour laws.
 Inability of conciliation machinery of the labour
department to do its job and employees and
management’s loss of confidence in that.
 Irrelevance of certain provisions labour laws in
the context of challenges of present industrial
climate.
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9. OTHER CAUSES
 Affiliation of trade unions with political parties, political
leadership thereby bringing pressure for accepting their
demands.
 Political instability and poor centre-state relations contribute to
industrial conflicts
 Another factor is character crisis, in values of trade union
leaders, trade union rivalry.
 Need for change in outlook and attitudes of parties including
management.
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10. LEGISLATION
PRECEEDING
INDUSTRIAL
DISPUTES ACT,
1947

11. EMPLOYERS & WORKMEN
(DISPUTES) ACT, 1860
 First legislation dealing with settlement of
industrial disputes in India .
 The Act empowered magistrates to dispose of
disputes concerning wages of workmen
employed in public works and made the breach
of contract a criminal offence.
 The Act was repealed in1932, though it had
ceased to be used much earlier.
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12. INDIAN TRADE DISPUTES ACT,
1929
 This Act authorized the central and provincial
govt. to establish Courts of Inquiry & Boards of
Conciliation, with a view to investigating and
settling trade disputes, and rendered lighting
strikes in public utility concerns, a punishable
offence.
 If a trade disputes arises in case of central govt.
department or a railway company with the
request of both the parties to a dispute, could
refer the matter to a Court of Inquiry or Board of
Conciliation.
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13.  This Act includes public utility services including railway; postal,
telegraph and telephone services; power, light or water-suppling
services; or any system of conservancy or sanitation.
 Strike and lock-outs done without any prior notice are prohibited.
 The notice must be given to his employer within 1 month before
striking and not <14 days.
 It should be in writing which states his intention to go on strike.
 Vice versa in the case of Lock-outs.
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14. RULE 81(A) OF THE DEFENCE
OF INDIA RULES
 Rule 81(A) which was added to the Defence of
India rule in January 1942, empowered the govt.
(a) to prohibit strikes or lock-outs in connection
with any trade disputes unless a reasonable
notice was given.
(b) to refer any disputes to conciliation or
adjudication.
(c) to require employer to observe specified terms
and conditions.
(d) to enforce the decision of adjudication.
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15. INDUSTRIAL
DISPUTES
ACT.1947

16. OBJECTIVES
 “Maintenance of Peaceful work culture in
the industry in India”.
 To providing machinery and procedure for
the investigation & settlement of industrial
disputes.
 To provide negotiation facility.
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17. APPLICABILITY
 Applicable in whole India (including Jammu &
Kashmir).
 It is applicable on existing industry (including any
business ,trade, manufacture, or distribution of
goods & services) & not on dead industry.
 It is also applicable on industry which is owned
by central & state govt..
 Applicable to all Indians irrespective of class,
community & religion.
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18. DISPUTES
 BETWEEN
- employee & employer
- employer & employer
- employee & employee
 REASONS
- work
- wages
- compensation
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19.  RESULTS
- Bad relations
- Hamper
- stiff
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20. CONSEQUENCES
 EMPLOYER
- Lay-off
- Retrenchment
- Lock-out
- Closure of business
 EMPLOYEE
- Strikes
- Agitation
- Damaged to property
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21. - Employer
- Employee
- Industry
- Sector of industry
- State
- Nation
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Who are going to be affected ?

22.  Industry
 Workmen
 Strike
 Lock-out
 Lay-off
 Retrenchment
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SOME IMP. DEFINITIONS AS PER ACT

23. INDUSTRY
 As per Section 2(j) “industry means any
systematic activity carried on by co-operation
between an employer and his workmen for the
production , supply or distribution of goods or
services with a view to satisfy human wants or
wishes.
 Whether or not
- Capital is invested or not
- Profit motive is there or not
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24.  INCLUDES
- Activity of Dock Labor Board.
- Bangalore water supply and
sewage board.
 EXCLUDES
- Agricultural activities.
- Hospitals, dispensary
- Educational institute
- Khadi and village industry
- Co-operative society (only if
<10 members
- Post & Telegram dept.
- Telecom dept.
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25. WORKMEN
 Any person employed to do
- manual
- skilled/unskilled
- technical/clerical
- operational/supervisory
 It does not include
- person employed mainly in managerial or
administrative, supervisory capacity drawing
wage exceeding by 10k/month
- person employed in Army/Navy/Airforce/Police
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26. SPECIAL CASES FOR WORKMEN
(1) A company has provided
a bungalow to his MD, for
the maintenance of that
bungalow, co. appointed a
gardener who marks his
attendance in co’s register
and co. pays him salary
So question is ?
Whether this Gardner is
treated as a workmen or not
???
(2) Bank provides a Car to
his Bank manger and the
maintenance & other
expenses related to car
are paid at bank expenses
So question is ?
Whether a car driver is
treated as a workmen or
not ?????
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27. STRIKE
 As per section 2(q): A cessation of work by
a body of person employed in any industry
acting in combination, or a concerted
refusal, or a refusal under a common
understanding, of any no. of persons who
are or have been so employed to continue
to work or to accept employment.
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28. LOCK-OUT
 As per section 2 (1): The closing of a place
of employment , or the suspension of the
work , or the refusal by an employer to
continue an employ any no. of persons
employed by him
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29. LAY-OFF
 As per section.2(kkk): The failure, refusal or
inability of an employer on account of shortage of
coal, power or raw materials or the accumulation
of stocks or the break-down of machinery or
natural calamity or for any other connected
reason to give employment to a workman whose
name is borne on the muster rolls of his industrial
establishment and who has not been retrenched.
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30. RETRENCHMENT
 As per section 2(oo): The termination by the
employer of the service of a workman for any
reason whatsoever, otherwise than as a
punishment inflicted by way of disciplinary action
but does not include.
- Voluntary retirement .
- Retirement of workmen at particular age limit.
- Expiry of contract between employee &
employer.
- Termination of employee on the ground of
continued ill health.
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31. SETTLEMENT AUTHORITIES
 Grievance settlement authority
 Work committee
 Conciliation officer
 Board of conciliation
 Court of inquiry
 Labour court
 Tribunal
 National tribunal
 Arbitrator
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32. GRIEVANCE SETTLEMENT
AUTHORITY
 It is connected with an individual workman
employed in the establishment.
 No reference of any disputes is to be made to
conciliation and adjudication authorities or
arbitrator unless the disputes has been referred
to the GSA.
 In case of industrial disputes connected with an
individual workmen arise , the workmen or the
trade union , may refer the disputes to GSA for
settlement.
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33. WORK COMMITTEE
 A Work Committee consist of representative of
employers & workmen engaged in establishment
 It is required to promote measures for securing
and preserving amity and good relation between
them.
 In order to achieve the end, to comment upon
matters of their common interest or concern &
endeavor to compose any material diff. of
opinion in respect of such matters.
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34. CONCILIATION OFFICER
 Conciliation Officers are appointed by the
Government to go through the nature of dispute the
arises between the workers and the management
and try to resolve the conflict.
 The conciliation officer is required to submit his
report to the govt.
 The report must be submitted within 14days of
commencement of conciliation proceeding or
earlier .
 Time of submission may be extended
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35. BOARD OF CONCILIATION
 If conciliation officer fails to resolve the disputes ,
the govt. can has the discretion to appoint board
of conciliation .
 It consist chairman and 2 or 4 other members.
 The board must submit its report to the govt.
Within 2 months of the date on which the
disputes was referred to it
 It is the duty of the board to do all the things as it
things is fit for the purpose of fair and amicable
settlement.
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36. COURT OF INQUIRY
 Govt is empowered to constitute a court of
inquiry for the purpose of inquiring into any
matter.
 It may consist of either 1 independent person
only or more person but where it consist of 2 or
more person 1 of them is appointment as
chairman.
 It has to submit report within 6 month from the
commencement of inquiry.
 Worker’s right to strike, Employer’s right to
lockout remain unaffected while proceeding COI.
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37. LABOUR COURT
 A labour court consist of one person only, who is
normally a sitting or an ex judge of high court
 The 2nd schedule includes :
- The property or legality of an order passed by
an employer under the standing order
- The application and interpretation of standing
orders
- Discharge or dismissal of workmen including
reinstatement of, or grant of relief to, workmen
wrongfully dismissed
- illegality or otherwise or a strike or lockout
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38. TRIBUNAL
 A tribunal is consist of 1 person only .
 A person is qualified for appointment as the
presiding officer of a tribunal only when
(a) he/she is or has been a judge of High Court.
(b) he/she has been District judge or Additional
District judge for a period of not <10 years.
 The 3rd Schedule which includes
- wages, including the period & mode of payment
- compensatory and other allowances
- working hours ,leaves with wages & holidays
- rules of discipline
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39. NATIONAL TRIBUNAL
 Govt. is empowered to constitute one or more
National Industrial Tribunals for the adjudication of
ID.
 Only one person to be appointed by the Central
Govt.
 If a disputes involving any question of national
importance or industrial establishments has been
referred to a National Tribunal.
 No Labour Court or Tribunal has jurisdiction to
adjudicate upon any matter referred to the National
Tribunal.
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40. ARBITRATOR
 When industrial disputes is mutually settled by
the parties concerned, it is known as the
arbitration .
 An arbitrator may also be appointed from
amongst the presiding officers of Labour Court,
Tribunals or National Tribunals.
 It is the duty of the arbitrator to investigate the
disputes and submit to the govt.
 When an industrial disputes has been referred to
arbitration and a notification has been issued the
govt. may, by order, prohibit the continuance of
any strike or lock-out
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41. STATE LAWS
 Many of the states have passed their own laws
regulating industrial relations in their respective
jurisdictions.
 In such states, both the central & state
legislations are in operations.
 The following are the states dealing with
industrial relation & disputes
(1) the Bombay Industrial Relations Act ,1946
(2) the U.P. Industrial Disputes Act, 1947
(3) the M.P. Industrial Relations Act, 1960
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