Industrial disputes act, 1947


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Industrial disputes act, 1947

  2. 2. INDUSTRIAL DISPUTES ACT, 1947As per section 2 (k) of Industrial DisputesAct1947, Industrial Dispute is defined as anydispute or difference between employers andemployers or between employers andworkmen or between workmen and workmenwhich is connected with the employment ornon-employment or the terms employment orwith the condition of labour of any person
  3. 3. OBJECTIVES• Promotion of measures for securingand preserving amity and good relationbetween the employers and workers• Investigation and settlement ofindustrial disputes• Prevention of illegal strikes and lock–outs• Relief to workmen in the matter of lay–off and retrenchment• Promotion of collective bargaining
  4. 4. FEATURES• This act extends to the whole of India including thestate of Jammu and Kashmir• It encourages arbitration over the disputes betweenemployers and employees• It provides for setting up of works committees asmachinery for mutual consultation betweenemployers and employees to promote cordialrelation• This Act paved the way for setting up permanentconciliation machinery at various stages havingdefinite time limits for conciliation and arbitration• This Act emphasis on compulsory adjudicationbesides conciliation and voluntary arbitration ofIndustrial Disputes
  5. 5. • The Act empower the Government to makereference of the dispute to an appropriateauthority ie, Labour court, Industrial tribunal andNational tribunal depending upon the nature ofthe dispute either on its own or on the request ofthe parties• The right to strike by the workers and lock–outby the employees has been subjected to therestriction as laid down in the Act• The act prohibits strikes and lock–outs duringthe pendening of conciliation and arbitrationproceedings and in public utility service and itempowers government to take adequate action
  6. 6. Terms under Industrial Disputes Act, 1947APPROPRIATE GOVERNMENT – Sec 2 (a)• Refers to Central Government/StateGovernmentARBITRATOR – Sec2 (aa)• Referred as an umpire.• It means any person who is appointed todetermine differences and disputes betweentwo parties.
  7. 7. WAGES – Sec 2(rr)It means all remuneration capable of beingexpressed in terms of money, if the term ofemployment were fulfilled, be payable to aworkman in respect of his employment or of workdone in such employment.INDUSTRY- Sec 2(i)Industry means any systematic activity carried onby co-operation between an employer and hisworkmen whether such work men are employed bysuch employee directly or by or through any agencyincluding a contractor for the production, supply ordistribution of goods or services with a view tosatisfy human wants or wishes with a motive tomake any gain or profit; not merely spiritual orreligious.
  8. 8. WORKMEN - Sec 2(s)Means any person including an apprenticeemployed in any industry to do any manual,unskilled, skilled, technical, operational,clerical or supervisory work for hire or rewardthe terms of employment be express orimplied and there should be a contractualrelationship between master and servant
  9. 9. INDUSTRIAL ESTABLISHMENT- Sec 2(ka)• Means an establishment or undertaking inwhich industry is carried onPUBLIC UTILITY SERVICE- Sec 2(n)• Means any industry specified in the FirstSchedule of Industrial Disputes Act, 1947,can be declared as Public Utility Service bygovernment through a notification in theofficial Gazette for a fixed period (not morethan six month for the first instance)
  10. 10. SETTLEMENT – Sec 2(p)MeansA written agreement between the employerand workmen arrived in the course ofconciliation proceeding provided;• Such agreement has been signed by theparties there to in the manner prescribed• A copy has been sent to an officer authorizedby the appropriate government and theconciliation officer.
  11. 11. Authorities under Industrial Dispute Act,1947• Works Committee (Sec 3)• Conciliation Officers (Sec 4)• Board of Conciliation (Sec 5)• Court of Inquiry (Sec 6)• Labour Court (Sec 7)• Industrial Tribunal (Sec7-A)• National Tribunal (Sec7-B)
  12. 12. 1. WORKS COMMITTEE (Sec-3)• Constituted based on appropriateGovernment order• Applicable to industrial establishment inwhich 100 or more workmen are employedon any day in the preceding 12 months• Consists of representatives of employeesand workmen engaged in the establishment.• Number of workmen representatives shallnot be less than the number of employer’srepresentatives• Representatives of workmen are selected in
  13. 13. DUTIESTo promote measures for securing and preserving amityand good relations between the employer and theworkmenTo comment upon matters of their common interest orconcern.CONCILIATION OFFICERS (Sec 4)– The appropriate government, by notification in theofficial Gazette appoints a specific number of personsas it think fit to be as conciliation officers– Conciliation officer may be appointed for a specifiedarea or for specified industries in specified area eitheras permanent or for a limited period– A conciliation officer shall be deemed to be as a publicservant as per Sec. 21 of Indian penal code 1860
  14. 14. DUTIES1. When any industrial disputes exist, the conciliationofficer should hold conciliation proceedings in aprescribed manner without delay to have rightsettlement.2. Whether settlement is reached or not, the conciliationofficer must submit the report within 14 days of thecommencement of the conciliation proceedings orwithin the date fixed by the appropriate government3. If the report submitted in satisfied to the appropriateGovernment, it may or may not refer the dispute toany authority under the Act. If the Government is notmaking any reference, it should record andcommunicate the reason to the contending parties4. The duty of a conciliation officer is administrative andnot judicial
  15. 15. • 3. BOARD OF CONCILIATION (Sec5)– The appropriate Government by a notification in the officialGazette constitutes a Board of Conciliation for promoting thesettlement of an industrial dispute– The Board consists of a Chairman and two or four othermembers, as the appropriate government thinks fit– The Chairman shall be an independent person; unconnectedwith the dispute– The other members shall be persons appointed in equalnumber to represent the parties to the dispute– The person appointed to represent a party shall beappointed on the recommendation of the party– The appropriate Government appoints a fit person as itthinks, if any party fails to make a recommendation within aprescribed period– A Board of Conciliation can act only when a dispute isreferred to it by the Government
  16. 16. DUTIES1.When a dispute has been referred to a Board, it willinvestigate the matter affecting the merits and rightsettlement of the dispute without delay2. Whether settlement is reached or not, the Board mustsubmit the report within two months of the date onwhich the dispute was referred to it3. If no settlement is arrived, the Government may referthe dispute to the labour court, Industrial Tribunal orNational Tribunal.4. The time for submission of report may be extended bysuch period as may be agreed to in writing by all theparties to the disputes
  17. 17. 5. The report of the Board shall be in writingand shall be signed by all the members ofthe Board.6. The report submitted shall be publishedby the appropriate Government with in 30days from the receipt7. A Board of Conciliation can only try tobring about a settlement. It has no powerto impose settlement on the parties to thedispute
  18. 18. 4. COURT OF INQUIRY (Sec 6)• The appropriate Government, by notification in theofficial Gazette, constitutes a Court of Inquiry in toany matter relevant to an Industrial dispute• A Court of Inquiry consists of one independentperson or of number of independent persons as theappropriate Government may think fit• Court of Inquiry consists of two or more members,one of them shall be appointed as Chairman• The Court of Inquiry can act under a prescribedquorum; even at the absence of Chairman• If the service of the chairman is ceased by theGovernment through notification, the court shall notact until a new chairman has been appointed
  19. 19. • All members of the court shall be deemed tobe public servants under Sec 21 of the Indianpenal code 1860• Every inquiry by a court shall be deemed to bejudicial proceeding• A Court of Inquiry has same powers as a civilcourt under the Code of Civil Procedure 1908• The court has the right to appoint one or morepersons having special knowledge of thematter of the dispute as an advisor
  20. 20. DUTIES• A Court shall inquire into the mattersreferred to it and report to the appropriategovernment within a period of 6 monthsfrom the commencement of the inquiry• The report of the court shall be in writingand signed by all the members of the court.Members are free to record their dissent• The report submitted shall be publishedwithin a period of 30 days of its receipt bythe Government
  21. 21. 5. LABOUR COURT (Sec 7)1.A labour court consists of one person only to beappointed by the appropriate Government2.A person shall not be qualified for appointmentas presiding officer of a labour court unlessa) He is / has been a Judge of a High Courtb) He has been as a District Judge /Additional DistrictJudge for a period not less than three yearsc) He has held any judicial office in India for not lessthan seven years
  22. 22. DUTIES1. Adjudicate upon the industrial disputesrelating to any matter specified in the SecondSchedule2. 2. When an industrial dispute has beenreferred to a labour Court for adjudication,within the specified period, it should submitaward to the appropriate Government3.It shall be published in such manner as theappropriate Government thinks fit within aperiod of 30 days from the date of its receiptby the appropriate Government
  23. 23. 6. INDUSTRIAL TRIBUNAL (Sec7-A)• The appropriate Government by notification in theofficial Gazette , constitute one or more industrialtribunals for the adjudication of industrial disputesrelating to any matter specified in Second or ThirdSchedule• The Tribunal consists of one person to be appointedby the appropriate Government• A person shall not be qualified for appointment asthe presiding officer of an Industrial Tribunal unlessa) He is/ has been a Judge of a High Courtb) He has been a District Judge / Additional DistrictJudge for a period of three years
  24. 24. • No person shall be appointed to or continue inoffice of a presiding officer if• He is not an independent person.• He has attained the age of 65 years.DUTIES• It shall submit its award to the appropriateGovernment within a specified period if an industrialdispute is referred to an Industrial Tribunal• The award shall be in writing and shall be signed byits presiding officer• The award shall be published by the appropriategovernment within a period of 30 days in a manneras the appropriate government thinks fit• As it is a quasi – judicial body, it must serve noticeupon the parties to the reference by name beforemaking any award
  25. 25. 7. NATIONAL TRIBUNAL (Sec7-B)• The Central government ,by notification in the officialGazette constitute one or more National IndustrialTribunals for the adjudication of industrial disputes :1.Involving questions of national importance2.Which are of such a nature that industries are morethan one state are likely to be interested in, oraffected by, such disputes3.Matters appearing in Second and Third schedule• A National Tribunal consists of one person to beappointed by Central Government• A person shall not be qualified for appointment as apresiding officer of a National Tribunal unless he is /has been a Judge of High Court
  26. 26. No person shall be appointed to ,or continuein the office of the presiding officer of aNational Tribunal if• He is not an independent person• He has attained the age of 65 years
  27. 27. DUTIES• When an industrial dispute is referred to theNational Tribunal for adjudication, it shallsubmit its award to the appropriategovernment• The award shall be in writing and shall besigned by the presiding officer of the NationalTribunal• It shall publish the award within a period of 30days from the date of its receipt by CentralGovernment