ALL MATTERS ARE COVERED.

1. THE
INDUSTRIAL
DISPUTE
ACT,
1947 BANDANA
TYC LAW 4th
SEM.

2. DISPUTE(s)
Between employer
and employee
Between employer
and employer
Between
employee and
employee.
1
3
2
Maximum disputes
arises b/w
employer and
employee.
Main reason
BANDANA
TYC LAW 4th
SEM.

3. Reasons OF DISPUTE
Compensation
Lay off Retrenchment
Wages
Amount Payment time
Work
Hours Conditions
Accident
BANDANA
TYC LAW 4th
SEM.

4. RESULTS
(1)BAD
(2)HAMPER
(3)STIFF
RELATIONS
BETWEEN
EMPLOYER AND
EMPLOYEE
BANDANA
TYC LAW 4th
SEM.

5. CONSEQUENCES:-
• LAY OFF
• RETRENCHMENT
• LOCK OUT
• CLOSURE OF BUSINESS
EMPLOYER
• AGITATION
• STRIKES
• DAMAGE TO PROPERTY
OF EMPLOYER
EMPLOYEE
BANDANA
TYC LAW 4th
SEM.

6. WHO ARE GOING TO BE EFFECTED
EMPLOYER
NATION
STATEINDUSTRY
EMPLOYEE
BANDANA
TYC LAW 4th
SEM.

7. SYLLABUS
INDUSTERIAL
DISPUTE ACT
1947
Definitions
Authorities
Lay-off,
Retrenchment
Strikes,
Lock-out > Works
committees
> Conciliation
Officer
> Board of
Conciliation
> Courts of Enquiry
> Labour Courts
BANDANA
TYC LAW 4th
SEM.

8. 
MAIN FEATURES
OF I.D. ACT
Application
of the act
Extent of the
ACT
Constitution of
comprehensive
machinery
Prevention &
settlement of
industrial
dispute
Reference by
appropriate
GOVT.
Speedy disposal
of industrial
disputes
Enforcement of
awards
Prohibition of
strikes & lock-
outs
Public
utility
Regulations of
lay-off ,
retrenchment ,
transfer &
closure
Compensation
Compulsory
settlement by
adjudication
BANDANA
TYC LAW 4th
SEM.

9. REASONS &
OBJECTS OF
THE ACT
Provide
suitable
machinery
Promote
collective
bargainin
g
Prevent
illegal
strikes
Peaceful
settlemen
t
Provide relief to
workman against
Lay-off
Avoid
unfair
practice
Makes good
relations b/w
employer &
employee
Ameliorate
the
conditions of
workers
B
A
N
D
A
N
A
TYC
LAW
4th
SEM
.

10. Section 2(a)
APPROPRIATE GOVERNMENT
The
Central govt.
The
State
Govt.
THE
APPROPRIATE
GOVERNMENT
Both bodies
are
Able to deal
with such
disputes
Matters
Related
with this
act
Vested
Various
powers
& duties
BANDANA
TYC LAW 4th
SEM.

11. Arbitrator
includes
An UMPIRE
.
ADJUDICATE
REFERENCE
MEANS:-
ARBITRATOR
SECTION 2(aa)
BANDANA
TYC LAW 4th
SEM.

12. …… AVERAGE PAY MEANS THE
AVERAGE OF THE WAGES PAYABLE
TO A WORKMAN….
AVERAGE PAY
SECTION 2(aaa)
MONTHLY
Payable in three
complete
calendar months
WEEKLY
Payable in four
complete weeks
DAILY
Payable in
complete
twelve full
working days BANDANA
TYC LAW 4th
SEM.

13. AWARD
ENFORCEMENT
.Final as well as interim
determination . The tribunal can
grant such interim awards which
they are competent to grant at the
time of final award
.Aggrieved party apply to appropriate
government.
.Any money payable by employer to his
workman
.Whose favour the award has been granted
may file suit and obtain a decree.
It includes an Arbitration
award under section 10-A
AWARD
Sec.2(b)
It’s first part covers a
determination, final or
interim, of any industrial
dispute
It’s second part takes a
determination of any
question relating to any
industrial dispute.
Award means an interim or final
determination of any industrial dispute or
of any question thereto.
.”DETERMINATION”----1.Labour court
----2Traibunal or
3.National tribunal
BANDANA
TYC LAW 4th
SEM.

14. INDUSTRY
INDUSTERY
SEC. 2(j)
Industry means any
business , trade,
undertaking ,
manufacture or
manufacture or calling of
employers .
It includes any calling,
service, employment,
handicraft, or industrial
occupation or avocation
of workman.
Amended definition:-
Industry means any systematic activity carried on
by co-operation between an employer and his
workmen (whether such workmen are employed by
such employer directly or through any agency,
including a contract)for the production ,supply or
distribution of goods or services with a view to
satisfy human wants or (wishes not being wants or
wishes which are mere spiritual or religious in
nature)
BANDANA
TYC LAW 4th
SEM.

15. BANDANA
TYC LAW 4th
SEM.

16. INDUSTERIAL
DISPUTE
SECTION 2(k)
RELATION
CONNECTED
BANDANA
TYC LAW 4th SEM.

17. LAY-OFF
SECTION 2(kkk)
1. An
employer >who is willing to employ
>fails or refuses or is unable
>to provide
employment
>For reasons beyond his
control
Failure
Or
Refusal
>shortage of coal,
>shortage of raw material
>The accumulation of stock
>The breakdown of machinery
>Natural calamity
>Any other connected reasons.
2. So
deprived of
employment
3.Whose name
is borne on the
muster rolls
1. A
workman
Workman must not
have been Retrenched
Temporarily
Relationship
doesn’t
comes To an
end
Period
during
emergency
Relations
suspended
but not ends
For any other
Reason(EJUSD
UM JENERIS)
MAIN
POINT
S

18. CLASSIFICATION OF LAY-OFF
HALF-DAY
Deemed to be lay-off only for
half day if:-
1) The workman at the
commencement of any shift
for any day
2) The workman is given
employment by the
employee during the
second half of the day;
’’in such case the workman is
entitled to full basic wages and
dearness allowance for that
second half of the day------’’’’’’
FULL DAY
Deemed to be lay-off for
the full day :-
1) Name of the workman
is deemed to borne on
the muster rolls;
2) He represents himself
for work;
3) He is not given
employment by the
employer 2 hours;
MORE THAN A DAY
>>>>> When the workman were not
provide work for some period beyond
one day.
>>>>> It may not a long period but
a short period.
>>>>> When the emergency
conditions are over and the firm
starts working.
>>>>> This lay-off does not amount
to retrenchment.
BANDANA
TYC LAW 4th SEM.

19. LOCK-
OUT
SEC.2(i)
Closing of
place of
employment
Suspension
of work
Refusal by
employer to
continue
work
INGREDIENTS
Temporarily
closing of a
place of
Employment
Suspension of
work
By the
employer
Refusal by
employer to
continue work by
any no. of
persons
Acts of employer
should be
motivated by
COERCION.
An industry as
defined
in the Act
A dispute in
such industry
BANDANA
TYC LAW 4th SEM.

20. Business is
being
continued
Termination
Reasons
whatsoever
Not amount
to
punishment
>Voluntary retirement
>Termination on non- renewal
>Retirement on reaching
superannuation age
>Termination of the service of a
workman
>Continue ill-health
>voluntary resignation
Exclusion from
the
retrenchment
Amounts to
BANDANA
TYC LAW 4th
SEM.

21. ESSENTIALS OF
RETRENCHMENT
1,2 5,6
8 7
3
There must be
termination of
services by the
employer
Termination be for any
reason whatsoever except
unfair labour practice
etc.
Termination of service
must be of surplus
labour or staff in a
continuing industry.
Termination
must not fall
within the
exclusion clause
of definition.
Employer is not
accept to carry on
the burden of
surplus labour.
The service which is
terminated must have
been capable of being
continued,
Proper reasons such as
economy , nationalism,
industrial or trade
reasons
4

22. STRIKE
SEC.2(q)
Means:-
Cessation
of
work
Concerted
Refusal
Refusal under
common
understanding
By a body of
persons who
are employed
in an industry
:-Any
Number of
persons
:-Or have been
employed
In industry to
continue to work
or to accept
employment
REFUSALBYNO.OFPERSONS
INDUSTERIALDEMANDS
Stoppage of work
INGREDIENTS
OF
STRIKE…….>
>
>
>
>
>
>
>
:-Strike is stoppage of work
:-The stopping of work should
be by body of persons.
:- Such body of persons should be employed in any industry which
defined by section 2(j) of the Act.
:- Such body of persons must be acting in combination.
:- There must be concerted refusal, or planned refusal under a common
understanding by body of such persons.
:-The purpose and aim of the refusal is not to continue the work or to
accept employment , until the demand(s) of the employees are fulfilled.
:- MENS REA being present as the workmen had a dispute with the
employer.
BANDANA
TYC LAW 4th
SEM.

23. STRIKE…….
SECTION 2(q)
GENERAL TYPES
1. GENERAL STRIKE
2. TOKEN STRIKE
3. STAY-IN/SIT-
DOWN/TOOLS-
DOWN/PEN-DOWN
STRIKE
4. SO-SLOW STRIKE
5. WORK-TO RULE STRIKE
6. QUICK OR LIHGTNING
STRIKE
7. SYMPATHETIC STRIKE
8. HUNGER STRIKE
9. GHERAO
TYPES (LEGALITY)
1. LAGAL STRIKE
2. ILLEGAL STRIKE
3. UNJUSTIFIED
STRIKE
PROHIBITION
1. PROHIBITION OF
STIKES IN A PUBLIC
UTILITY( Section 22)
2. GENERAL
PROHIBITION OF
STRIKE (Section 23)
BANDANA
TYC LAW 4th
SEM.

24. KINDS OF STRIKE ACCORDING TO
LEGALITY OF THE STRIKE……
LEGAL STRIKE
a). A notice of strike to
the employer is served
within six weeks before
striking;
b). The date of strike is
not be within 14 days
from the date of notice;
C). The date of strike is
on or after the date
specified in the strike
but not before that.
d). The strike is not
during the pendency of
conciliation proceedings
and seven days after the
conclusion of said
proceedings.
ILLEGAL STRIKE
1. Contravention of sec
22 or sec. 23
2. If it is contravention of
an order under sec.
10(3) or (4-A)of sec.
10.
3. Strike is illegal if it is
declared without the
prior notice in public
utility u/s 22(1).
4. If it is declared during
pendency—u/s 23
UNJUSTIFIED
STRIKE
1. Strike has been started in
violation of standing
orders of that industry.
2. Illegal strike
3. Illegal strike on the
demands of wages even
though it is accepted by
the employer .
4. Where the workmen
started sit-down or
GHERAO whether there is
violence or not.
5. Strike for the purpose of
circumventing an
amicable settlement .
>Conciliation proceedings before a
board & 7 days after conclusion
>Proceedings before L. C. , Tri.
,N.T.& 2
months after decision.
> Arbitration proceedings
SEC.23
Prohibition
on strike in p.
u.
SEC.22
General
prohibition
on strike.
SEC.10(3)
Dispute
referred to
LC, Tri.,
NT(Prohibit
strike and
lock out.
SEC.10-A(4-
A) Dispute
referred to
ARBITRATION.
SEC 22(1).
Person
employed in
public utility
BANDANA
TYC LAW 4th SEM.

25. LAY-OFF
SECTION2(kkk)
STRIKE
SECTION2(q)
RETRENCHMENT
SECTION 2(oo)
LOCK-OUT
SECTION 2(l)
 Employer is willing.
 Applicable to a group of workers, or to entire
workers, or to the workers of one shift.
 Failure or refusal or inability of an employer.
 Trade reasons beyond the control of workman.
 Lay-off is not concerned with a dispute with the
workman.
 Occurs in continuous business.
 Reasons specified in sec 2(kkk).
 Compensation
 Unintentionally act
Termination of service .
> Permanent in nature
> Relationship is severed.
> Intention is to reduce surplus labour.
> Without any dispute.
> Retrenched workman can be re-
employed.
> Business is still continuous.
Cessation of work.
>Concerted refusal or refusal under common
understanding
> By no. Of employees
> Who are or have been employed in industry to
continue or to accept work.
>Armoury of workmen for compelling to employer.
>No strike during the pendency of
any dispute’s proceeding.
Notice should be served.
> Mostly related with wages..
a) Employer isn’t willing to employ
b)Temporary closing of a place of
employment.
c) Suspension of work.
d) Refusal by employer to continue to employ any no.
persons employed by him.
e) Act is to coerce or pressurise the labour.
f)It is due to an industrial dispute &during the period
of continuous.
g)Establishment is completely closed.
h) Compensation depends upon legal or illegal lock-
out, justified or unjustified lock-out etc.
B
A
N
D
A
N
A
T
Y
C
L
A
W
4t
h
S
E
M

26. SYSTEM
AUTHORITY PURPOSE CONSTITUTIO
N
POWERS DUTIES
Non-
adjudicatory
Adjudicator
y
Arbitrati
on
Courts
Works
Committee
Conciliation
Officer
Board of
conciliati
on
Prevention
Section 3 Section 3(1)
Section3(2)
Section 4 Section 11
Section 12
Section 5 Section 11
Section 13
Section 6 Section11
Section 14
Section 7 Section 11&11 A
Section 15
Section 7(a) Section 11 & 11-A
Section 15
Conciliation &
Mediation
Board of
conciliation
Investigation
Adjudication
Industrial
Tribunal
Court of enquiry
Labour
court
National
tribunal
Voluntary
Arbitration
H.C.& S.C.
I.T.
N.T.
Arbitration
Final decision
Articles 136,226&227
Of the constitution.

27. WORKS COMMITTEECONSTITUTIO
N
 Statutory body
 100 or more workmen
are employed
 Appropriate government
may by general or
specific order to
constitutes
 Shall be constituted with
the representative or
employer or workmen
 Representative are
elected by in prescribed
manner
 Elected in such a manner
that all categories ,
groups and classes of
workmen engaged in
various sections , shops
or departments
OBJECTS
 Primary step to
investigate and
settlement of
industrial dispute
 Through direct
negotiation between
representatives of
employers and
workmen
 Secure industrial
peace
 Securing and
preserving amity
and good relations
b/w employer and
workmen
DISSOLUTION
Concerned officer or
authority under rule 57
of the ID Act 1947…---
1. Not constituted in
accordance with rules
38 to 57;
2. If nit less then 2/3 of
the representative of
the workmen in the
committee failed to
attend 3 consecutive
meetings
3. Ceased to function for
any other reason
BANDANA
TYC LAW 4th
SEM.

28. MEANING OF CONCILIATION
> It implies a
compromise---
a basically
voluntary
process
> Not an
adjudicative
mechanism.
>Alternative
method of
resolving the
disputes.
Conductive
step to
avoid avert
recourse to
adjudication
“CONCILIATION”
Means ‘bringing of
opposing parties or
individual into
harmony..’
BANDANA
TYC LAW 4th
SEM.

29. THANKS
FOR
WATCHING