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COMPARITIVE STUDY ON
THE INDUSTRIAL RELATIONS
ACT,1947
&
THE BOMBAY INDUSTRIAL
RELATIONS ACT, 1946
NAZIYA AISHA
15MBAB22
AMUKCAMUKC
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
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
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
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
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
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
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
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
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
BOMBAY INDUSRIAL
RELATIONS ACT, 1946
INTRODUCTION
TRADE DISPUTES
CONCILIATION ACT,
1934
BOMBAY
INDUSTRIAL
DISPUTES
ACT, 1938
BOMBAY
INDUSTRIAL
RELATIONS
ACT, 1946
Source : www.ilo.org
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
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
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
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
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
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
BOMBAY INDUSRIAL
RELATIONS ACT, 1946
AUTHORITIES
• Commissioner of Labor
• Registrar, Additional Registrar
• Chief Conciliator
• Board of Conciliation
• Labor offices
• Court of Inquiry
• Wages Board
• Labor Courts
• Industrial Courts
Source : www.ilo.org
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
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
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
SOURCES
www.ilo.org
Dynamics of Industrial
Relations,
Mamoria,Mamoria,Gan
kar
Source : www.ilo.org
THANK
YOU
Source : www.ilo.org

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COMPARATIVE STUDY ON ID ACT,1947 & BIR ACT 1946

  • 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
  • 11. BOMBAY INDUSRIAL RELATIONS ACT, 1946 INTRODUCTION TRADE DISPUTES CONCILIATION ACT, 1934 BOMBAY INDUSTRIAL DISPUTES ACT, 1938 BOMBAY INDUSTRIAL RELATIONS ACT, 1946 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
  • 18. BOMBAY INDUSRIAL RELATIONS ACT, 1946 AUTHORITIES • Commissioner of Labor • Registrar, Additional Registrar • Chief Conciliator • Board of Conciliation • Labor offices • Court of Inquiry • Wages Board • Labor Courts • Industrial Courts 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