Its all about Industrial Disputes Act,1947. Its contains briefly about Industrial Disputes,Strikes,Industry,Retrenchment,Lock –out and Lay Off

1. BY
MUTHUMANIKANDAN K
________
MA.HRM-DG VISHNAV COLLEGE
1
INDUSTRIAL DISPUTES ACT, 1947

2. OBJECTIVES
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1. Industrial Disputes
2. Strikes
3. Industry
4. Retrenchment
5. Lock –out
6. Lay Off
 Questions about Industrial Disputes 1947
 Bibliography

3. INDUSTRIAL DISPUTES
 “Industrial dispute” is defined by Section 2(K) of the
industrial disputes Act, 1947 as, “any dispute or
difference between employers and employers, or
between employers and workmen, or between workman
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.’’
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4. STRIKES
 Industrial Disputes Act,1947,deals with this type
separately in section 2(Q) and defines it as “strike means
a cessation of work by a body of persons employed in
any industry acting in combination, or a concerted
refusal under a common understanding of any number
of persons who are or have been so employed to continue
to work or to accept employment.”
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5. INDUSTRY
 Accordingly, section 2(j), an activity would become an industry if
(a) it is systematic,
(b) it involves co-operation between the employees and the employer,
(c) it results in the production and/or distribution of goods or services, and
(d) is carried on as trade or business, regardless of whether it is trade or
business, for profit or not.
If these tests are satisfied the term industry would include educational institutions,
university, hospitals, societies, charitable institutions, a firm of lawyers and
chartered accountants, municipality, etc.
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6. RETRENCHMENT
 According to The term "retrenchment" defines under the
section 2(00) may be analyzed as:
(1) Retrenchment means the termination by the employer
of the services of a workman.
(2) The termination may be for any reason what so ever.
(3) But the termination should not be as a measure. of
punishment byway of disciplinary action.
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7. LOCK -OUT
 In section 2(I) Lock out Means the closing of a
place of employment, or the Suspension of work,
or the refusal by an employer to continue to
employ any number of persons employed by
him.
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8. LAY OFF
 In section 2(kk) Lay Off Means putting aside workmen temporarily. The duration of lay off
should not be for a period longer than the period of emergency. The employer-employee
relationship does not come to an end during the period of lay-off but is merely suspended
during the period of emergency.
Any such refusal or failure to employ a workman may be on account of:
(i) shortage of coal, power or raw materials or
(ii) the accumulation of stock; or
(iii) the breakdown of machinery; or
(iv) natural calamity; or
(v) any other connected reasons.
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9. APPROPRIATE GOVERNMENT
 In section 2 ( a) The Central Government as well as the State Government
are vested with various powers and duties in relation to matters dealt with
in this Act. In relation to some industrial disputes the Central Government
and in relation to some others, the State Government concerned are the
appropriate Government to deal with such disputes.
 Under sub-section [(i) (a)] and [(i)(b)] of the Act,
Companies/Corporations/Trusts/Boards/ Authorities, etc. established under
the Act of Parliament; the Central Government is the Appropriate
Authority. 9

10. Q :- STATE AND EXPLAIN THE VARIOUS AUTHORITIES APPOINTED UNDER THE INDUSTRY
DISPUTES ACT TO SOLVE INDUSTRIAL DISPUTES
OR
Q:- WHAT IS THE MACHINERY SETUP IN INDUSTRIAL DISPUTES ACT 1947 FOR SETTLEMENT OF
DISPUTES?
 The authorities that make use of conciliation on the sole method of
settlement of disputes are:
 (1)Works Committee
 (2) Conciliation Officer
 (3) Board of Conciliation
The adjudicating authorities that decide any dispute under the Act. are:
 (1) Court of Inquiry
 (2) The Labour Court
 (3) Industrial Tribunal;
 (4) National Tribunal, and
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11.  Sec. 10-A of the Act. makes provision for voluntary reference of
disputes to arbitration. Apart from the above, provision has also been
made for constitution of Court of Inquiry, whose main function is
inquire into any matter appearing to be connected with or relevant to an
industrial dispute.
1. Work committee (Sec.3)
The works committee is considered to be powerful social
institution only to secure cooperation between workers and
employers, but to make the will of the employees effective on the
management. According to sec.3 of the Industrial Disputes Act, in the
case of an industrial establishment in which 100 or more workmen
are employed or have been employed on any day in the preceding 12
months, the appropriate Government may, by general or special
order, require the employer to constitute a Works committee
consisting of representatives of employers and workmen engaged in
the establishment. The number of representatives of workmen on
Works Committee shall be not being less than that of the
representatives of the employers.
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12. 2. Conciliation Officers (Sec.4)
The appropriate government may appoint conciliation officers charged
with the duty of mediating in and promoting the settlement of, industrial
disputes. A conciliation officer may be appointed for a specified area or
for a specified industry in a specified area, and his appointment may be
permanent or temporary.
3. Board of Conciliation (Sec.5)
In a similar manner, a board of conciliation may also be constituted to
promote the settlement of industrial disputes. A board shall consist of a
chairman and two or four other members, as the appropriate government
thinks fit. The chairman shall be an independent person and the other
member shall be person appointed in equal numbers to represent the
parties to the dispute on the recommendation of the parties concerned. If
any party fails to make a recommendation within the prescribed time, the
appropriate government shall appoint such persons as it thinks fit to
represent that party.
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13. 4. Courts of Inquiry (Sec.6)
The appropriate government may constitute a court of inquiry consisting of
one or more independent persons to enquire into any matter connected with or
relevant to an industrial disputes. Where a court consists of two or more
members, one of them shall be appointed as chairman.
5. Labour courts (sec-7)
The appropriate government may constitute one or more labour courts to
adjudicate industrial disputes relating to any of the following matters
1. The propriety or legality of an order passed by an employer under the standing
orders;
2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen, including retirement of, or grant of relief
to, workmen wrongfully dismissed;
4.Withdrawal of any customary concession or privilege;
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14. 5. Illegality or any customary concession or privilege;
6. All matters other than those specified in the third schedule.
A labour court shall consist of one person only with necessary judicial
qualifications, and will be appointed by the appropriate government.
6. Industrial Tribunals (sec.7A)
 The appropriate Government may by notification in the Official Gazette,
constitute one or more industrial tribunals for the adjudication of
industrial dispute s relating to any matters specified above as in the case
of Labour Court, or the following
matters, namely
1.Wages including the period and mode of payment
2.Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity;
6. Shift working otherwise than in accordance with standing orders;
7. Classification by grades;
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15. 8. Rules of discipline;
9. Rationalization;
10.Retrenchment of workmen and closure of establishment; and
11.Any other matter that may be prescribed.
7. National tribunals ( sec. 7B)
 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.
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16.  A National Tribunal shall consist of one person only to be
appointed by the Central Government. In order to be qualified as
a Presiding Officer of a National Tribunal, a person must be or
must have been a Judge of a High Court, or must have held the
office of the Chairman or any other member of the Labour
Appellate Tribunal for at least 2 years. The Central Government
may appoint two assessors to advise the National Tribunal, in
proceeding before it. .
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17. Q: EXPLAIN PROVISION OF ILLEGAL STRIKES AND ILLEGAL
LOCKOUT AS STATED IN INDUSTRIAL DISPUTES ACT 1947.
 Sec. 24 of the Act provides that a strike or a lockout shall be illegal if it
is:
(a) commenced or declared in contravention of Sec. 22 or 23, and
(b) continued in contravention of the prohibitory order made by
appropriate Government after the dispute has been referred under Sec.
10(3) or sub-section 10A(4-A).
 Prohibition of financial aid to illegal strikes and lockouts (Sec. 25)
This section of the Act prohibits financial aid to illegal. strikes and
lockouts.
This section has the following ingredients: .
(1) spending or applying money:
(2) money spent or applied in direct furtherance or support of an illegal
strike,
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18. Punishments (Sec. 28)
For any violation of provisions of Sec. 25, punishment is imposed by Sec.
28 of the Act. According to the provision, even a person who is not a
workmen can be penalized violating the provisions of Sec. 25. The
effect of Sections 25 and 28 is the prosecution to support a conviction
for breach of Sec.25 must prove that:
(i) The strike or lock-out in question was illegal
(ii) The accused had knowledge that
(a) the strike or lockout was iIIegal and
(b) the money spent or applied by him was in direct furtherance
or support of a strike or lockout.
(iii) That the money was actually spent or applied by the accused.
However, assistance to strikers in any other from, for example,
supplying clothes, food, etc. is not prohibited under Sec. 25 of the Act. 18

19. Q:-BRIEFLY EXPLAIN STRIKE AND LOCKOUT IN PUBLIC
UTILITY SERVICES.
Sec.22 of the Industrial Disputes Act provides that:
(1) No person employed in a public utility service go on strike in breach
of contract:
(a) Without giving notice of strike to the employer within six weeks before
striking, or
(b)Within 14 days of giving notice, or
(c) Before the expiry of the date of strike specified in any such notice as
aforesaid, or
(d) During the pendency of any conciliation proceedings and 7 days after
the conclusion of such proceedings.
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20. (2) No employer on any public utility service shall lockout any of his
workmen
(a) Without giving them notice of lock-out as herein after provided within six
weeks before locking out; or
(b) Within 14 days of giving such notice; or
(c) Before the expiry of the date of lockout specified in any such notice as
aforesaid; or
(d) During the pendency of any conciliation proceeding before Conciliation
Officer and seven days after the conclusion of such proceedings.
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21. DIFFERENCE BETWEEN LOCK-OUT AND
RETRENCHMENT
(1)Temporary or permanent: Lockout is temporary measure, while
retrenchment is permanent.
(2) Relationship: In lockout the relationship of employer and
employee is only suspended; it does not come to an end. In
retrenchment such a relationship is severed at the instance of the
employer.
(3) Motive: Lockout is with a motive to coerce the workmen; the
intention of retrenchment is to dispense with surplus labour.
(4) Trade dispute: Lockout is due to an industrial dispute, whereas in
case of retrenchment, there is no such dispute 21

22. DIFFERENCE BETWEEN STRIKE AND LOCK-OUT
Strike is the ‘act of quitting work done by mutual
understanding by a body of workmen as a means of
enforcing compliance with demands made on their
employer, a stopping of work by workmen in order to
obtain or resist a change in conditions of employment’.
Lock-out is temporary suspension by employer to give
employment to the workmen, unless the workmen accept
the demands of the employer.
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23. BIBLIOGRAPHY
 Industrial & labour laws
- Dr. Sanjeev kumar
 Industrial jurisprudence and labour legislation
- A.M.Sarma
 Legal systems in business
- P. Saravanavel
- S. Sumathi
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