1. COMPARITIVE STUDY ON
THE INDUSTRIAL RELATIONS
ACT,1947
&
THE BOMBAY INDUSTRIAL
RELATIONS ACT, 1946
NAZIYA AISHA
15MBAB22
AMUKCAMUKC
2. CONTENTS
THE INDUSTRIAL DISPUTES ACT, 1947
◦ INTRODUCTION
◦ OBJECTIVES
◦ SCHEMES
◦ IMPORTANT DEFINITIONS
◦ AUTHORITIES UNDER THE I.D. ACT,1947
BOMBAY INDUSTRIAL RELATIONS ACT, 1946
◦ INTRODUCTION
◦ OBJECTIVES
◦ APPLICABILITY
◦ IMPORTANT DEFINITONS
◦ AUTHORITIES UNDER THE B.I.R ACT, 1946
COMPARISON BETWEEN THE I.D ACT 1947 &
THE B.I.R ACT,1946
Source : www.ilo.org
3. THE INDUSTRIAL DISPUTES
ACT,1947
“AN ACT TO MAKE PROVISION FOR THE
INVESTIGATION & SETTLEMENT OF INDUSTRIAL
DISPUTES & FOR CERTAIN OTHER PURPOSES”
Source : www.ilo.org
TRADE DISPUTES
ACT 1929
INDUSTRIAL
RELATIONS BILL,
1947
INDUSTRIAL
RELATIONS ACT,
1947
Source : www.ilo.org
4. THE INDUSTRIAL DISPUTES
ACT,1947
OBJECTIVES
• To promote good relations between
the employers & employees.
• To provide a suitable machinery for
investigation & settlement of disputes.
• To prevent illegal strikes & lockouts.
Source : www.ilo.org
5. THE INDUSTRIAL DISPUTES
ACT,1947
OBJECTIVES
• To provide relief to workmen in
matters of layoffs, wrongful dismissal
etc
• To give the workmen right to collective
bargaining.
“Amelioration of the conditions of
workmen in an industry”
Source : Dynamic Industrial Relations, Mamoria, Mamoria & Gankar
Source : www.ilo.org
6. THE INDUSTRIAL DISPUTES
ACT,1947
SCHEME OF THE ACT
The act contains 40 sections grouped in
7 chapters.
Ch i : title, extent, definitions
Ch ii : authorities(works committee, conciliation
officers)
Ch iii : reference of disputes
Ch iv : procedures, powers of authorities
Ch v : strikes, lockouts, layoffs, retrenchment etc
Ch vi: penalties
Ch vii : misc provisions
Source : www.ilo.org
7. THE INDUSTRIAL DISPUTES
ACT,1947
IMPORTANT DEFINITIONS
◦ APPROPRIATE GOVERNMENT
Means the Central Government in relation to any
dispute concerning any industry carried by or
under the authority of the Central Government,
Railway company, Unit Trust of India,
corportaion under central statues, banking or
insurance company etc.
Source : www.ilo.org
8. THE INDUSTRIAL DISPUTES
ACT,1947
o Employer :
• In relation to an industry carried on by or the
under the authority of any department of
Central or State Govt.
o Industry :
• Sec 2J ; “ any business, trade, undertaking,
manufacturing or calling & the latter engaged
in any service, employment, handicraft or
industrial occupation”
Source : www.ilo.org
9. THE INDUSTRIAL DISPUTES
ACT,1947
Industrial Dispute : Sec 2K
“any dispute or difference between employers
and employees or btw employers & workmen
and btw workmen & workmen which is
connected with the terms and conditions of the
employment”
Source : www.ilo.org
10. THE INDUSTRIAL DISPUTES
ACT,1947
INDSUTRIAL DISPUTES MACHINERY
CONCILIATION ARBITRATION ADJUDICATION
WORKS
COMMITTEE
CONCILIATING
OFFICER
BOARD OF
CONCILIATION
COURT OF
INQUIRY
LABOUR COURT
INDUSTRIAL
TRIBUNAL
NATIONAL
TRIBUNAL
Source : www.ilo.org
12. BOMBAY INDUSRIAL
RELATIONS ACT, 1946
OBJECTIVES
To regulate & promote harmonious
relations between employers &
employees.
To provide machinery for settlement of
disputes by adjudication/arbitration on
consideration of equity, justice & good
service.
To promote collective bargaining.
Source : www.ilo.org
13. BOMBAY INDUSRIAL
RELATIONS ACT, 1946
APPLICABILITY
It extends to State of Maharashtra
&Gujarat.
Applicable only to certain industries
like silk, cotton , hosiery ,woolen,
textile processing, sugar, cooperative
banking, generation and supply of
electric energy and transport.
Source : www.ilo.org
14. BOMBAY INDUSRIAL
RELATIONS ACT, 1946
IMPORTANT DEFINITON
INDUSTRY-
(a)any business, trade, manufacture or
undertaking or calling of employees.
(b)any calling, service,
employment, handicraft, or,
occupation or avocation of employees.
Source : www.ilo.org
15. BOMBAY INDUSRIAL
RELATIONS ACT, 1946
EMPLOYEE
Employee means any person
employed in any industry to do any
manual, unskilled, skilled, Technical,
Operational, clerical or supervisory
work for hire or reward, whether the
terms of employment be express
or implied.
Source : www.ilo.org
16. BOMBAY INDUSRIAL
RELATIONS ACT, 1946
Employer includes-
an association or a group of
employers;
Any agent of employer;
where an industry is conducted or
carried on by a department of the
state government or on behalf of a
local authority.
Source : www.ilo.org
17. BOMBAY INDUSRIAL
RELATIONS ACT, 1946
INDUSTRIAL DISPUTE :
‘Any dispute or difference between an
employer & employee, or between
employers & employees, or between
employees & employees which is
connected with any industrial matter.´
Source : www.ilo.org
19. B.I.R ACT 1946 I.D ACT 1947
◦ State Legislation
◦ Authorities include
Comm of Labor
Registrar
Chief conciliator
Board of conciliation
Labor offices etc
◦ Applied to the
industries in Gujarat &
Maharashtra
◦ Central Legislation
◦ Authorities include :
Conciliating officer
Board of concilliation
Court of inquiry
Labour courts
Industrial courts
◦ Applies to all industrial
establishments in India.
Source : www.ilo.org
20. B.I.R ACT 1946 I.D ACT 1947
The representative of
Union is the sole
bargaining agent for
representing employees
in each industry in a local
area.
The provision for strikes
and lockouts are the
same for all the
industries covered under
this Act.
No such provision exists
which gives importance
to the representative
agent solely.
Section 22 & Section 23
provide for strikes &
lockouts in public & non
public utility services
services.
Source : www.ilo.org
21. B.I.R ACT 1946 I.D ACT 1947
If conciliation
proceedings fail either of
the parties can make a
reference of the dispute
to the Industrial Court
prior to the intervention
of the Govt.
There are no provisions
for layoffs, retrenchment,
payment of
compensation etc.
No such provision exists.
It goes directly to the
Conciliating Officer. If no
settlement occurs, a
failure report is sent to
the Govt & the Govt sits
for judgment.
Chapter VA & VB of the
Act have made elaborate
provisions for layoffs,
retrenchment etc.
Source : www.ilo.org