The document outlines the definition and implications of industrial disputes as per the Industrial Disputes Act of 1947, detailing the roles of various parties involved, including employers, employees, and trade unions. It discusses methods for dispute resolution such as conciliation, arbitration, and the establishment of labor courts and tribunals. Additionally, it covers the legal framework surrounding strikes and lockouts, workplace rights, and the distinctions between layoffs and retrenchment.

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2. 2
Promotion of measures of securing, preserving Industrial harmony
• Settlement of disputes between
Employer – Workman
Employer - Employer
Workman - Workman
• Rights of Registered Trade Union
• Prevention of illegal- Strike; Lockout
• Promotion of collective bargaining

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According to Section 2 (k) of the Industrial Disputes Act,
1947 “industrial dispute” is defined as,
 “Any disputes or differences between employers and
employers, or between employers and workmen, or
between workmen and workmen, which is connected
with the employment or non-employment or the
terms of employment or with the conditions of
labour, of any person”
DEFINITION

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 Any dispute or difference between
 Employers and Employers
 Employees and Workmen
 Workmen and Workman
 Disputes may be connected with Employment/Non
employment
 Terms of employment
 Conditions of labour

5.  Interest disputes: arrising out of deadlocks in
negotiation for collective bargaining
 Grievance disputes: may pertain to discipline, wages,
working time, promotion, rights of supervisors etc. also
some times called interpretation disputes
 Unfair labour practices: those arising out of right to
organise, acts of violence, failure to implement an
award,discriminatory treatment, illegal strikes and
lockouts
 Recognition disputes: over the rights of a TU to
represent class or category of workers
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6.  Any person who is a workman employed in an industry can
raise an industrial dispute.
 A workman includes any person (including an apprentice)
employed in an industry to do manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or
reward.
 It excludes those employed in managerial or administrative
capacity.
 Industry means any business, trade, undertaking,
manufacture and includes any service, employment,
handicraft, or industrial occupation or avocation of workmen.
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7.  It must affect a large group of workmen
 It should invariably be taken up by the industry union or
by an appreciable number of workmen
 There must be a concerted demand by the workers for
redress and the grievance becomes such that it turns
from individual complaint to a general complaint
 If the dispute was in the beginning an individual dispute
and continued to be such till referred for adjudication, it
can not be converted into industrial dispute by later
support from other workmen
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8. 8
 On the Economy
 On the Employer
 On the Employees
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EFFECTS OF INDUSTRIAL DISPUTES?

9.  Pay related issues
 Non-cooperation/ Indicipline
 Hostility
 Unwillingness to negotiate
 Absenteeism, alcoholism or high rate of accidents
 Go slow tactics
 Demonstrations
 Strikes
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10.  General/ protest
 Economic Strike
 Sit Down Strike
 Slow down strike
 Wild Cat strike
 Go-slow strike
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11.  Primary Strike
◦ Generally aimed against the employer
 Secondary strike
◦ Pressure is applied not against the primary
employer but to aid others or support other
striking employees in their cause
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12.  Abusive towards workers
 Lay-offs
 Lockout
 Suspension, termination
 Pay related issues
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Works Committee
Conciliation officer
Industrial
Undertaking
CG/State Govt.
Board
Labour court
Tribunal
Arbitral Tribunal AWARD

14.  Conciliation is an important method for settlement of
disputes through third-party intervention
 Conciliation is a friendly intervention of a neutral person in a
dispute to help parties settle differences peacefully
 Various methods of conciliation are as under:

15. AUTHORITIES UNDER THIS ACT I CONCILIATION
Works Committee
1. In the case of any industrial establishment in which one hundred or more
workmen are employed or have been employed on any day in the preceding
twelve months the appropriate Government may by general or special order
require the employer to constitute in the prescribed manner a Works Committee
consisting of representatives of employers and workmen engaged in the
establishment so however that the number of representatives of workmen on
the Committee shall not be less than the number of representatives of the
employer.
2. It shall be the duty of the Works Committee to promote measures for securing
and preserving amity and good relations between the employer and workmen
and, to that end, to comment upon matters of their common interest or concern
and endeavor to compose any material difference of opinion in respect of such
matters.
3. Works Committee is set up with limited powers and for this reason they have
been mere instruments without teeth

16. Conciliation officers( Section 4)
• The appropriate Government may, by notification in the Official Gazette,
appoint such number of persons as it thinks fit, to be conciliation
officers, charged with the duty of mediating in and promoting the
settlement of industrial disputes.
• The Act provides that if a dispute arises in a public utility industry, the
conciliation officer shall obligatory hold conciliation proceedings. In case
of other industry, his power is discretionary.
• If a settlement is reached, conciliation officer has to submit its report
within 14 days. If no settlement is reached, conciliation officer has to
send the full report citing reasons of failure

17.  Arbitration is the process in which a neutral third
party listens to disputing authorities, gathers
information about dispute and makes a decision
which is binding on both parties.
 It differs from conciliation in the sense that in
arbitration , arbitrator gives a decision on dispute
while in conciliation, conciliator merely facilitates
disputing authorities disputing parties to arrive at a
decision.

18. (1) The appropriate Government may as occasion arises by notification in the
Official Gazette constitute a Board of Conciliation for promoting, the
settlement of an industrial dispute.
(2) A Board shall consist of a Chairman and two or four other members, as the
appropriate Government thinks fit.
(3) The Chairman shall be an independent person and the other members
shall be persons appointed in equal numbers to represent the parties to
the dispute and any person appointed to represent a party shall be
appointed on the recommendation of that party:
(4) A Board, having the prescribed quorum, may act notwithstanding the
absence of the Chairman or any of its members or any vacancy in its
number:

19. Courts of Inquiry
(1) The appropriate Government may as occasion arises by notification in the Official
Gazette, constitute a Court of Inquiry for inquiring into an matter appearing to be
connected with or relevant to an industrial dispute.
(2) A Court may consist of one independent person or of such number of independent
persons as the appropriate Government may think fit and where a Court consists of two
or more members, one of them shall be appointed as the chairman.
(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the
chairman or any of its members or any vacancy in its number:
Provided that, if the appropriate Government notifies the Court that the services of the
Chairman have ceased to be available, the Court shall not act until a new chairman has
been appointment

20. Labour Courts
(1) The appropriate Government may, by notification in the Official Gazette, constitute
one or more Labour Courts for the adjudication of industrial disputes relating to
any matter specified in the Second Schedule and for performing such other
functions as may be assigned to them under this Act.
(2) A Labour Court shall consist of one person only to be appointed by the appropriate
Government.
(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour
Court, unless
1. He is, or has been, a judge of a high court; or
2. He has, for a period of not less than three years, been a district judge or an
additional district judge
3. He has held any judicial office in india for not less than seven years ; or
4. He has been the presiding officer of a labour court constituted under any
provincial act or state act for not less than five years.

21. Tribunals
(1) The appropriate Government may, by notification in the Official Gazette,
constitute one or more Industrial Tribunals for the adjudication of industrial
disputes relating to any matter and for performing such other functions as may be
assigned to them under this Act.
(2) A Tribunal shall consist of one person only to be appointed by the appropriate
Government.
(3) A person shall not be qualified for appointment as the presiding officer of a
Tribunal unless:
(a) he is, or has been, a Judge of a High Court; or
(b) he has, for a period of not less than three years, been a District Judge or an
Additional District Judge.
(4) The appropriate Government may, if it so thinks fit, appoint two persons as
assessors to advise the Tribunal in the proceeding before it.

22. National Tribunals
(1) The Central Government may, by notification in the Official Gazette, constitute
one or more National Industrial Tribunals for the adjudication of industrial
disputes which, in the opinion of the Central Government, involve questions of
national importance or are of such a nature that industrial establishments situated
in more than one State are likely to be interested in, or affected by, such disputes.
(2) A National Tribunal shall consist of one-person only to be appointed by the Central
Government.
(3) A person shall not be qualified for appointment as the presiding officer of a
National Tribunal unless he is, or has been, a Judge of a High Court.
(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to
advise the National Tribunal in the proceeding before it.

23. Disqualifications for the Presiding Officers of Labour Courts,
Tribunals and National Tribunals
• No person shall be appointed to, or continue in, the office of the Presiding
Officer of a Labour Court, Tribunal or National Tribunal, if –
1. He is not an independent person; or
2. He has attained the age of sixty-five years.

24.  Strike has been defined in Section 2(q ) of the Industrial
Disputes Act in the following words.
 Strike means a cessation of work by a body of persons
employed in any industry, acting in combination or a refusal
under common understanding, of any number of persons who
have been employed to continue to work or to accept
employment.

25. 1. Strikes & lockouts are prohibited in public utility services
without fulfilling following conditions:
2. A statutory notice of strike/lockout must be given to employer
or workmen within six weeks before striking or lockout.
3. There must be no strike/ lockout within 14 days of giving such
notice.
4. Where any conciliation proceedings are pending, no strike or
lockout declared during pendency of any conciliation
proceedings and seven days after conclusion of proceedings.

26. 1. According to Section 23, no workman who is employed in any
industrial establishment shall go on strike and no employer shall
declare a lockout:
2. During the pendency of conciliation proceedings before a board &
seven days after conclusion of proceedings
3. During pendency of proceedings before labour court, industrial or
national tribunal and two months after conclusion of such
proceedings.
4. During pendency of arbitration proceedings before an arbitrator
and two months after conclusion of such proceedings.

27. 1. Strikes and Lockouts are legal when they are declared
in compliance with provisions of Act.
2. A strike is illegal when it is commenced in
contravention of Section 22 or Section 23 of the Act.

28. 1. By retrenchment is meant termination of employment by which
employee is discharged of the duties paying compensation as prescribed
under the Industrial Disputes Act. This refers to a permanent cessation of
employment. The retrenchment compensation is 15 days salary for every
completed year of service of the concerned employee.
2. Lay Off, on the other hand, refers to temporary cessation of employment
due to non availability of power, materials, breakdown of machinery, over
stock, lack of order etc. The laid off employees will be paid lay off
compensation as prescribed under the ID Act, ie, 50 % of salary. Once the
work is regularised, the employees laid off will resume work as usual. The
days for which they were laid off will not be counted as break in service
but will enjoy all benefits of continuous service.
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1. To establish employer sponsored TU
2. To encourage discourage membership of any particular
3. To refuse promotion, refuse seniority, refuse
increment/promotion, discharge or dismiss any worker
taking part in any TU activity or as victimisation
4. To abolish regular nature of work replacing by
contractual, recruit workers – to break a strike
5. To refuse collective bargaining

30.  According to the Act, Award means,” any interim or a
final determination of any industrial dispute or
question there to by any labour court, industrial or
national tribunal and includes arbitration award.
 Award shall be in writing and signed by its presiding
officer.

31. REFRENCES
1. PERSONNEL MANAGEMENT BY C.B.MAMORIA
2. WIKIPEDIA.ORG

32. THANK YOU