Industrial disputes act, 1947 - Lecture 1

1. Industrial Dispute
Act 1947
Dr. A N Rao

2. Introduction
○ The Industrial Disputes Act, 1947 is one of the laws governing
Industrial Relations in India. The Act came into force on 1" April,
1947 and has been amended several times since then.
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3. The important definitions
The important definitions under the industrial dispute act are,
1. Award: It is nothing but the final determination of industrial
dispute. Industrial tribunals and labour court decisions arc
“Awards”.
2. Average Pay: It is the average of wages payable to the
workmen.
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4. The important definitions
3. Industry: It is any manufacture or business enterprise that
includes calling service, Industrial occupation etc.
4. Industrial Dispute: It is the dispute or difference between
employer and employers/employers and employees
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5. The important definitions
5. Public Utility: Public utility services means railway or transport
services, postal, telegraph or telephone service.
6. Workmen: Any person employed in an industry for performing
manual, technical or supervisory work.
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6. Objectives of the Act
Objectives of the Act, in accordance with the judgement given by
supreme court are as follows
a) To promote measures for securing and preserving amity and
good relations between the employers and the employees.
b) To minimize the differences and to get the dispute settled
through adjudicatory authorities.
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7. Objectives of the Act
c) To provide a suitable machinery for investigation and
settlement of industrial disputes
d) To prevent illegal strikes and lockouts.
e) To provide relief to workmen in matters of layoffs,
retrenchment, wrongful dismissals and victimization.
f) To give the workmen the right of collective bargaining and
promote conciliation.
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8. Provisions/Principles of the Act
The Industrial Disputes Act is based on the following principles,
i. A permanent machinery (Conciliation) has been set up for the
speedy and amicable settlement of industrial disputes.
ii. Compulsory arbitration in public utility services, including the
enforcement of arbitration awards, has been recognized.
iii. Strikes and lockouts during pendency of conciliation and
arbitration proceedings and the arbitration awards, enforced by
the government order are prohibited
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9. Provisions/Principles of the Act
iv. Specific time limits for various stages of conciliation and arbitration for
eliminating delays.
v. An obligation on employers to recognize and deal with representative trade
union has been imposed.
vi. Works committees to provide machinery for mutual consultation between
employers and employees have been set up.
vii. Industrial disputes may be referred to an industrial tribunal where both the
parties to any industrial dispute, apply for such reference where the appropriate
government considers it expedient to do so.
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10. Schemes Under the Act
The Act includes 40 Sections grouped into seven Chapters, each chapter dealing with
▪ Chapter-I: Preliminary matters.
▪ Chapter -II: Various authorities under the Act.
▪ Chapter-Ill: Reference of disputes to various authorities.
▪ Chapter-IV: Procedures, powers and duties of authorities.
▪ Chapter-V: Unfair labour practices.
▪ Chapter-VI: Penalties for illegal strikes.
▪ Chapter-VII: Miscellaneous provisions.
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11. Schemes Under the Act
The act has five schedules, each schedule deals with,
▪ Schedule1 - Specifies the industries which may be declared to be the public
utility services.
▪ Schedule 2 - Matters within the jurisdiction of Labour courts.
▪ Schedule 3 - Matters within the jurisdiction of Industrial tribunals.
▪ Schedule 4 - Conditions of service for change of which notice to be given.
▪ Schedule 5 - Unfair labour practices.
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12. THANKS!
Any questions?
You can find me at @prof.anrao@gmail.com
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