INDUSTRIAL DISPUTE ACT 1947         By JEFFIN JOSEPH
Purpose of the ActThe Industrial Disputes Act, 1947 came into existence inApril 1947. It was enacted to make provisions fo...
Industrial DisputeIndustrial Dispute means any dispute ordifference between employers and employers,or between employers a...
AUTHORITIES UNDER THIS ACT           JEFFIN/IMT/MBA
Works Committee• In the case of any industrial establishment in which theappropriate Government may by order require the e...
•The representatives of theworkmen shall be chosen in the prescribedmanner from among theworkmen engaged in the establishm...
Conciliation officersThe appropriate Government may, by notification in theOfficial Gazette, appoint such conciliation off...
Duties of conciliation officers The conciliation officer shall, for the purpose of bringing about asettlement of the dispu...
Boards of Conciliation        The appropriate Government may as occasionarises by notification in the Official Gazette con...
Duties of Board Where a dispute has been referred to a Boardunder this Act, it shall be the duty of the Boardto endeavor t...
Courts of InquiryThe appropriate Government may as occasion arises bynotification in the Official Gazette constitute a Cou...
Labor Courts The appropriate Government may, by notification in the OfficialGazette, constitute one or more Labour Courts ...
TribunalsThe appropriate Government may, by notification in the OfficialGazette, constitute one or more Industrial Tribuna...
Duties of Labour Courts, Tribunals andNational TribunalsWhere an industrial dispute has been referred to aLabour Court, Tr...
REFERENCE OF DISPUTES TO BOARDS, COURTSOR TRIBUNALS                   JEFFIN/IMT/MBA
Reference of dispute to Boards, Courts or Tribunals  Where the appropriate Government is of opinion that any industrial di...
Voluntary reference of disputes to arbitration Where any industrial dispute exists or is apprehended and the employer and ...
STRIKES AND LOCK-OUTS          JEFFIN/IMT/MBA
Prohibition of strikes and lock-outs.No person employed in a public utility service shall go onstrike, in breach of contra...
No employer carrying on any public utility service shalllock-out any of his workman       Without giving them notice of lo...
Penalty for illegal strikes and lock-outs Any workman who commences, continues orotherwise acts in furtherance of, a strik...
LAY-OFF AND RETRENCHMENT       JEFFIN/IMT/MBA
Right of workmen laid-off for compensationWhenever a workman whose name is borne on themuster rolls of an industrial estab...
Procedure for retrenchmentWhere any workman in an industrial establishment, who is acitizen of India, is to be retrenched ...
Notice of changeNo employer, who proposes to effect any change inthe conditions of service applicable to any workmanin res...
Thank you            JEFFIN/IMT/MBA
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57633080 industrial-dispute-act-1947

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57633080 industrial-dispute-act-1947

  1. 1. INDUSTRIAL DISPUTE ACT 1947 By JEFFIN JOSEPH
  2. 2. Purpose of the ActThe Industrial Disputes Act, 1947 came into existence inApril 1947. It was enacted to make provisions forinvestigation and settlement of industrial disputes and forproviding certain safeguards to the workers. JEFFIN/IMT/MBA
  3. 3. Industrial DisputeIndustrial Dispute means any dispute ordifference between employers and employers,or between employers and workmen, orbetween workmen and workmen, which isconnected with the employment or non-employment or the terms of employment orwith the conditions of labor, of any person. JEFFIN/IMT/MBA
  4. 4. AUTHORITIES UNDER THIS ACT JEFFIN/IMT/MBA
  5. 5. Works Committee• In the case of any industrial establishment in which theappropriate Government may by order require the employer toconstitute in the prescribed manner a Works Committeeconsisting of representatives of employers and workmenengaged in the establishment•The number of representatives of workmen on the Committeeshall not be less than the number of representatives of theemployer. JEFFIN/IMT/MBA
  6. 6. •The representatives of theworkmen shall be chosen in the prescribedmanner from among theworkmen engaged in the establishment andin consultation with their tradeunion, if any, registered under the IndianTrade Unions Act•It shall be the duty of the Works Committeeto promote measures for securing andpreserving amity and good relations betweenthe employer and workmen JEFFIN/IMT/MBA
  7. 7. Conciliation officersThe appropriate Government may, by notification in theOfficial Gazette, appoint such conciliation officers,charged with the duty of mediating in and promotingthe settlement of industrial disputes.A conciliation officer may be appointed for a specifiedarea or for specified industries in a specified area or forone or more specified industries and eitherpermanently or for a limited period JEFFIN/IMT/MBA
  8. 8. Duties of conciliation officers The conciliation officer shall, for the purpose of bringing about asettlement of the dispute, without delay, investigate the dispute andall matters affecting the merits and the right settlement thereof andmay do all such things as he thinks fit for the purpose of inducing theparties to come to a fair and amicable settlement of the dispute JEFFIN/IMT/MBA
  9. 9. Boards of Conciliation The appropriate Government may as occasionarises by notification in the Official Gazette constitutea Board of Conciliation for promoting the settlementof an industrial dispute.A Board shall consist of a chairman and two or fourother members, as the appropriate Governmentthinks fit.The chairman shall be an independent person andthe other members shall be persons appointed inequal numbers to represent the parties to thedispute. JEFFIN/IMT/MBA
  10. 10. Duties of Board Where a dispute has been referred to a Boardunder this Act, it shall be the duty of the Boardto endeavor to bring about a settlement of thesame and for this purpose the Board shall, insuch manner as it thinks fit and without delay,investigate the dispute and all matters affectingthe merit and the right settlement thereof andmay do all such things as it thinks fit for thepurpose of inducing the parties to come to a fairand amicable settlement of the dispute. JEFFIN/IMT/MBA
  11. 11. Courts of InquiryThe appropriate Government may as occasion arises bynotification in the Official Gazette constitute a Court of Inquiryfor inquiring into any matter appearing to be connected with orrelevant to an industrial dispute.A Court may consist of one independent person or of suchnumber of independent persons as the appropriate Governmentmay think fit and where a Court consists of two or moremembers, one of them shall be appointed as the chairman. JEFFIN/IMT/MBA
  12. 12. Labor Courts The appropriate Government may, by notification in the OfficialGazette, constitute one or more Labour Courts for theadjudication of industrial disputes relating to any matterspecified in the Second Schedule and for performing such otherfunctions as may be assigned to then, under this Act.A Labour Court shall consist of one person only to be appointedby the appropriate Government. JEFFIN/IMT/MBA
  13. 13. TribunalsThe appropriate Government may, by notification in the OfficialGazette, constitute one or more Industrial Tribunals for theadjudication of industrial disputes relating to any matter and forperforming such other functions as may be assigned to themunder this Act.A Tribunal shall consist of one person only to be appointed by theappropriate Government. JEFFIN/IMT/MBA
  14. 14. Duties of Labour Courts, Tribunals andNational TribunalsWhere an industrial dispute has been referred to aLabour Court, Tribunal or National Tribunal foradjudication, it shall hold its proceedingsexpeditiously and shall within the period specifiedin the order referring such industrial dispute or thefurther period extended submit its award to theappropriate Government. JEFFIN/IMT/MBA
  15. 15. REFERENCE OF DISPUTES TO BOARDS, COURTSOR TRIBUNALS JEFFIN/IMT/MBA
  16. 16. Reference of dispute to Boards, Courts or Tribunals Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing, •refer the dispute to a Board for promoting a settlement thereof; refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry. •refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labor Court for adjudication. JEFFIN/IMT/MBA
  17. 17. Voluntary reference of disputes to arbitration Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred to a Labour Court, or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement. JEFFIN/IMT/MBA
  18. 18. STRIKES AND LOCK-OUTS JEFFIN/IMT/MBA
  19. 19. Prohibition of strikes and lock-outs.No person employed in a public utility service shall go onstrike, in breach of contract•Without giving to the employer notice of strike, as hereinafterprovided, within six weeks before striking.• Within fourteen days of giving such notice; or•Before the expiry of the date of strike specified in any suchnotice as aforesaid•During the pendency of any conciliation proceedings before aconciliation officer and seven days after the conclusion of suchproceedings. JEFFIN/IMT/MBA
  20. 20. No employer carrying on any public utility service shalllock-out any of his workman Without giving them notice of lock-out ashereinafter provided, within six weeks beforelocking-out Within fourteen days of giving such notice Before the expiry of the date of lock-out specified in any such notice as aforesaid. During the pendency of any conciliationproceedings before a conciliation officer and sevendays after the conclusion of such proceedings. JEFFIN/IMT/MBA
  21. 21. Penalty for illegal strikes and lock-outs Any workman who commences, continues orotherwise acts in furtherance of, a strike which isillegal under this Act, shall be punishable withimprisonment for a term which may extend to onemonth, or with fine which may extend to fiftyrupees, or with both.Any employer who commences, continues, orotherwise acts in furtherance of a lock-out whichis illegal under this Act, shall be punishable withimprisonment for a term which may extend to onemonth, or with fine which may extend to onethousand rupees, or with both. JEFFIN/IMT/MBA
  22. 22. LAY-OFF AND RETRENCHMENT JEFFIN/IMT/MBA
  23. 23. Right of workmen laid-off for compensationWhenever a workman whose name is borne on themuster rolls of an industrial establishment and whohas completed not less than one year of continuousservice under an employer is laid off, whethercontinuously or intermittently, he shall be paid by theemployer for all days during which he is so laid-off,except for such weekly holidays as may intervene,compensation which shall be equal to fifty per cent, ofthe total of the basic wages and dearness allowancethat would have been payable to him had he not beenso laid-off. JEFFIN/IMT/MBA
  24. 24. Procedure for retrenchmentWhere any workman in an industrial establishment, who is acitizen of India, is to be retrenched and he belongs to aparticular category of workmen in that establishment, in theabsence of any agreement between the employer and theworkman in this behalf, the employer shall ordinarily retrenchthe workman who was the last person to be employed in thatcategory, unless for reasons to be recorded the employerretrenches any other workman. JEFFIN/IMT/MBA
  25. 25. Notice of changeNo employer, who proposes to effect any change inthe conditions of service applicable to any workmanin respect of any matter, shall effect such change.•without giving to the workman likely to be affectedby such change a notice in the prescribed manner ofthe nature of the change proposed to beeffected• within twenty-one days of giving such notice: JEFFIN/IMT/MBA
  26. 26. Thank you JEFFIN/IMT/MBA

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