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Industrial disputes act

The document discusses the Industrial Disputes Act of 1947 in India. Some key points: - The Act defines an industrial dispute as any dispute between employers and employees regarding employment, work conditions, or terms of employment. - The objectives of the Act are to provide machinery for settling disputes peacefully and promote good relations between employers and employees. - Industrial disputes can be settled through conciliation, arbitration, adjudication by labor courts, tribunals, or the National Tribunal. Conciliation involves a neutral party helping the disputing parties reach an agreement. - If conciliation fails, the dispute may be referred to arbitration, where an arbitrator makes a binding decision. As a last resort, labor

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Industrial disputes Act,1947 Meaning Of Industrial Dispute According to the Industrial Disputes Act, 1947, the term 'industrial dispute' means "any dispute or difference 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“. Industrial disputes are collective dissent and protest against the terms and conditions of employment and work. Practically, Industrial dispute primarily refers to the disengagement between employers and their employees. It is not a personal dispute of any one person. It engages a large number of workers’ association having a correlated interest. Objectives Of Industrial Dispute Act, 1947 1. To provide a suitable machinery for the just, equitable and peaceful settlement of industrial disputes. 2. To promote measures for securing and preserving amity and good relations between employers and employees. 3. To prevent illegal strikes and lockouts. 4. To provide relief to workers against layoffs, retrenchment, wrongful dismissal and victimisation. 5. To promote collective bargaining. 6. To ameliorate the conditions of workers. 7. To avoid unfair labour practices.
FEATURES  This act extends to the whole of India including the state of Jammu and Kashmir  It encourages arbitration over the disputes between employers and employees  It provides for setting up of works committees as machinery for mutual consultation between employers and employees to promote cordial relation  This Act paved the way for setting up permanent conciliation machinery at various stages having definite time limits for conciliation and arbitration  This Act emphasis on compulsory adjudication besides conciliation and voluntary arbitration of Industrial Disputes  The Act empower the Government to make reference of the dispute to an appropriate authority ie, Labour court, Industrial tribunal and National tribunal depending upon the nature of the dispute either on its own or on the request of the parties  The right to strike by the workers and lock–out by the employees has been subjected to the restriction as laid down in the Act  The act prohibits strikes and lock–outs during the pendening of conciliation and arbitration proceedings and in public utility service and item powers government to take adequate action Purpose of the Act The Industrial Disputes Act, 1947 came into existence in April It was enacted to make provisions for investigation and settlement of industrial disputes and for providing certain safeguards to the workers. Reasons/Causes of Industrial Disputes
1) Demand for higher wages and allowances. 2) Demand for payment of bonus and determination of its rate thereof. 3) Demand for higher social security benefits. 4) Demand for good and safer working conditions, including length of a working day, the interval and frequency of leisure and physical work environment. 5) Demand for improved labour welfare and other benefits. For example, adequate canteen, rest, recreation and accommodation facility, arrangements for travel to and from distant place’s, etc. Methods For Settlement Of Industrial Disputes / Institution for settlement of Industrial Disputes 1. Conciliation 2. Arbitration 3. Adjudication
CONCILIATION  Conciliation is the “practice by which the services of a neutral party are used in a dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement of agreed solution.”  The Industrial Disputes Act, 1947 provides for “Conciliation Officer or A Board of Conciliation”. It refers to the processin which representatives ofemployees and employers come together to a third party in a view to discussthedisputeand reconcile their differences and concludeto an agreement by mutual consent. In this processthethird party known as a facilitator. In this type ofdispute, the state intervenes for the settlement process. This actgives powerto the Central & State governments in orderto appointan officerknown as conciliation officerand board
for conciliation whenever circumstanceneeded. Theduties of a conciliation officer are:  To conductproceedings of conciliation in a view to concludethe settlement between concerned parties amicably.  Send the settlement reportand a memorandum to the appropriate government.  Send a reportto the government regarding what steps taken by him in casethe process ofsettlement does not cometo an end.  However, the officer for conciliation cannot force for a settlement. He can only request and supportthe parties to concludean agreement. The Industrial Disputes Act restricts strikes and deadlocks during the ongoing proceedings of conciliation. Conciliation Officer  A Conciliation Officer Is a Person appointed by the Government to conciliate between the parties to the industrial dispute.  The Conciliation Officer is given the powers of a civil court, whereby he is authorised to call the witness the parties on oath. Roles Of Conciliation Officer 1. He shall, hold conciliation proceedings in the prescribed manner. 2. He shall investigate the dispute and all matters affecting it and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair settlement of the dispute. 3. If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedingsthe conciliation officer shall send a report thereof to the appropriate government together with a memorandum of the settlement signed by the parties to the dispute. 4. If no such settlement is arrived at , the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a
full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. 5. If, on a consideration of the report referred to in sub-section (4), the appropriate government is satisfied that there is a case for reference to a Board, it may make such reference. Where the appropriate government does not make such a reference it shall record and communicate to the parties concerned its reasons therefore. 6. A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedingsor within such shorter period as may be fixed by the appropriate government. BOARD OF CONCILIATION  In case Conciliation Officer fails to resolve the differences between the parties, the government has the discretion to appoint a Board of Conciliation.  It consists of a chairman and two or four other members.  The Board must submit its report to the government within two months of the date on which the dispute was referred to it. This period can be further extended by the government by two months. WORKS COMMITTEE  Constituted based on appropriate Government order  Applicableto industrial establishment in which 100 or more workmen are employed on any day in the preceding 12 months  Consists of representatives of employees and workmen engaged in the establishment.  Number of workmen representatives shall not be less than the number of employers representatives• Representatives of workmen are selected in DUTIES
 To promote measures for securing and preserving amity and good relations between the employer and the workmen  To comment upon matters of their common interest or concern. Arbitration: Referredas anumpire. It means anypersonwho is appointedtodetermine differencesanddisputes betweentwoparties. It is a processwhere a neutral third party hears to the parties in disputes, gather the information regarding the dispute, and then come to conclusionand decidethe matter which is binding on boththe parties. The difference between boththe officers as, conciliator only assists theparties to concludeto a settlement, whereas the arbitrator hears to boththe parties and then passed his judgment. Pros and cons of Arbitration in IndustrialDisputes  It is established by the parties and therefore bothparties have conveyed their faith in the processofarbitration.  Nature is a flexible and informal process.  The conceptis based on mutual consentof the parties and hence, therefore, it helps for healthy industrial functions and relations.  Delay for settlement of disputes often occurs.  The arbitration process is expensive and all the expenses are to be incurred by both labours and the management equally.  When the arbitrator becomes biased and if he is incompetent then the Judgment becomes arbitrary. Arbitration is a process in which the conflicting parties agree to refer their dispute to a neutral third party known as ‘Arbitrator’.
Arbitration differs from conciliation in the sense that in arbitration the arbitrator gives his judgment on a dispute while in conciliation, the conciliator disputing parties to reach at a decision. Types Of Arbitration 1. Voluntary Arbitration: In voluntary arbitration both the conflicting parties appoint a neutral third party as arbitrator. The arbitrator acts only when the dispute is referred to him/her. With a view to promotevoluntary arbitration, the Government of India has constituted a tripartite National Arbitration Promotion Board in July 1987, consisting of representatives of employees (trade employers and the Government. However, the voluntary arbitration could not be successful becausethe judgments given by it are not binding on the disputants. Yes, moral binding is exception to it. 2. Compulsory Arbitration: In compulsoryarbitration, the government can force the disputing parties to go for compulsoryarbitration. In other form, both the disputing parties can request the government to refer their dispute for arbitration. The judgment given by the arbitrator is binding on the parties of dispute. COURT OF INQUIRY  The appropriate Government, by notification in the official Gazette, constitutes a Courtof Inquiry in to any matter relevant to an Industrial dispute  A Court of Inquiry consists ofone independent personor of number of independent persons as the appropriateGovernment may think fit  Court of Inquiry consists oftwo or more members, one of them shall be appointed as Chairman  The Court of Inquiry can act under a prescribed quorum; even at the absence of Chairman  If the service of the chairman is ceased by the Government through notification, the courtshall not act until a new chairman has been appointed  All members of the court shall be deemed to be public servants under Sec 21 of the Indian penal code1860  Every inquiry by a court shall be deemed to be judicial proceeding  A Courtof Inquiry has same powers as a civil court under the CodeofCivil Procedure1908  The court has the right to appoint one or more persons having special knowledge of the matter of the dispute as an advisor
DUTIES  A Court shall inquire into the matters referred to it and report to the appropriate government within a period of 6 months from the commencement of the inquiry  The report of the court shall be in writing and signed by all the members of the court. Members are free to record their dissent  The report submitted shall be published within a period of 30 days of its receipt by the Government Adjudication of Industrial Disputes It is the final legal option for settlement of Industrial Dispute. it means a legal authority appointed by government who intervenes in orderto make a settlement which is binding on both the parties. Labour Court Forthe adjudication of industrial disputes relating to the specified matters in the second scheduleof the act, the appropriate government may by notification constitute one or more labour court. Powers of labour courts are:  Discharge or grant of relief to workmen who are wrongfully employed or dismissed.  To determine the illegality of a strike or deadlocks.  Customary concessionorprivileges are withdrawn by this court.  Within the specified period the orderreferring to the dispute, its report is to be submitted to the appropriate government, whenever an industrial dispute adjudicating by the labour court. 1. A labour court consists ofone persononly to be appointed by the appropriate Government 2. 2.A personshall not be qualified for appointment as presiding officer of a labour courtunlessa) o He is / has been a Judge of a High Court) o He has been as a District Judge /Additional District Judge for a period not less than three years) o He has held any judicial office in India for not less than seven years DUTIES
1. Adjudicate upon the industrial disputes relating to any matter specified in the Second 2. When an industrial dispute has been referred to a labour Court for adjudication, within the specified period, it should submit award to the appropriate Government 3.It shall be published in such manner as the appropriate Government thinks fit within a period of 30 days from the date of its receipt by the appropriate Government Industrial Tribunal  The appropriate Government by notification in the official Gazette , constitute one or more industrial tribunals for the adjudication of industrial disputes relating to any matter specified in Second orThird Schedule  The Tribunal consists of one personto be appointed by the appropriate Government  A personshall not be qualified for appointment asthe presiding officer of an Industrial Tribunal unless He is/ has been a Judge of a High Court He has been a District Judge / Additional District Judge for a period of three years  No personshall 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 appropriate Government within a specified period if an industrial dispute is referred to an Industrial Tribunal  The award shall be in writing and shall be signed by its presiding officer  The award shall be published by the appropriate government within a period of 30 days in a manner as the appropriate government thinks fit  As it is a quasi – judicial body, it must serve notice upon the parties to the reference by name before making any award Forthe adjudication of the industrial disputes, the appropriategovernment may, by notification constitute one or more industrial tribunals. Matters relating to the following are:  Retrenchment of labour.  Compensatoryand other allowances and rules of the disciple in the workplace.  If the company is in profit, then matter related to bonus and profit sharing.  Work manual such as hours of working and interval for rest.  Wages and provident fund of workmen.  The duty of the Industrial Tribunal to hold its proceedings fast and submit its report to the state government within the specified time given.
National Tribunal The central government may, by notification in the official Gazette, constitute one or more National Tribunals for the adjudication of Industrial Disputes in:  National matters.  Matters in which industries are more than one state, or are affected by the outcomeof the dispute.  The duty of the National Tribunal to hold its proceedings fast and submit its report to the central government within the specified time given. DUTIES  When an industrial dispute is referred to the National Tribunal for adjudication, it shall submit its award to the appropriate government  The award shall be in writing and shall be signed by the presiding officer of the National Tribunal  It shall publish the award within a period of 30days from the date of its receipt by Central Government Industrial Dispute in India: Definition, Causes and Measures to Improve Industrial Relations
According to Sec. 2 of the Industrial Dispute Act, 1947, “Industrial dispute means any dispute or difference 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” Industrial disputes are of symptoms of industrial unrest in the same way that boils are symptoms of a disordered body. Whenever an industrial dispute occurs, both management and workers try to pressurize each other. The management may resort to lock-out and the workers may resort to strike, gherao, picketing, etc. Strike: Strike is a very powerful weapon used by a trade union to get its demands accepted. It means quitting work by a group of workers for the purpose of bringing pressure on their employer to accept their demands. According to Industrial Disputes Act, 1947, “Strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal or a 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.” There are many types of strikes. A few of them are discussed below: There are many types of strikes. A few of them are discussed below: (i) Economic Strike: Under this type of strike, members of the trade union stop work to enforce their economic demands such as wages, bonus, and other conditions of work. (ii) Sympathetic Strike: The members of a union collectively stop work to support or express their sympathy with the members of other unions who are on strike in the other undertakings.
(iii) General Strike: It means a strike by members of all or most of the unions in a region or an industry. It may be a strike of all the workers in a particular region of industry to force demands common to all the workers. It may also be an extension of the sympathetic strike to express general protest by the workers. (iv) Sit Down Strike: When workers do not leave their place of work, but stop work, they are said to be on sit down or stay in strike. It is also known as tools down or pen down strike. The workers remain at their work-place and also keep their control over the work facilities. (v) Slow Down Strike: Employees remain on their jobs under this type of strike. They do not stop work, but restrict the rate of output in an organised manner. They adopt go- slow tactics to put pressure on the employers. Lock-out: Lock-out is declared by the employers to put pressure on their workers. It is an act on the part of the employers to close down the place of work until the workers agree to resume the work on the terms and conditions specified by the employers. The Industrial Disputes Act, 1947 has defined lock-out as 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. Lock-outs are declared to curb the activities of militant workers. Generally, lock-out is declared 25 a trial of strength between the management and its employees. Gherao:
It is a Hindi word which means to surround. The term ‘Gherao’ denotes a collective action initiated by a group of workers under which members of the management of an industrial establishment are prohibited from leaving the business or residential premises by the workers who block their exit through human barricade. A human barricade is created in the form of a ring or a circle at the centre of which the persons concerned virtually remain prisoners of the persons who resort to gherao. Gheraos are quite common in India these days. Gheraos are resorted to not only in industrial organisations, but also in educational and other institutions. The persons who are gheraoed are not allowed to more nor do any work. Gheraos have been criticised legally and morally. Legally gheraos amount to imposing wrongful restraints on the freedom of some persons to move. That is why, courts have held it as an illegal action. Gheraos tend to inflict physical duress on the persons affected. They also create law and order problem. Morally, to gherao a person to press him to agree to certain demands is unjustified because it amounts to getting consent under duress and pressure. A person who is gheraoed is subjected to humiliation. Moreover, a person who has made a promise under gherao is justified in going back over the word after that. In short, as pointed out by a National Commission on Labour, gherao cannot be treated as a form of industrial protest because it involves physical coercion rather than economic pressure. Picketing: When workers are dissuaded from reporting for work by stationing certain men at the factory gates, such a step is known as picketing. If picketing does not involve any violence, it is perfectly legal. It is basically a method of drawing the attention of public towards the fact there is a dispute between the management and the workers.
Causes of Industrial Disputes: We can classify the causes of industrial disputes into two broad groups: (i) Economic causes, and (ii) Non-economic causes. Economic causes include: (i) Wages, (ii) Bonus, (iii) Dearness allowance, (iv) Conditions of work and employment, (v) Working hours, (vi) Leave and holidays with pay, and (vii) Unjust dismissals or retrenchments. Non-economic causes include: (i) Recognition of trade unions, (ii) Victimisation of workers, (iii) Ill-treatment by supervisory staff, (iv) Sympathetic strikes, (v) Political causes, etc.
The percentage distribution of disputes by causes from 1973 onwards has been shown in Exhibit 2 reveals the following causes of industrial disputes: 1. Wages and Allowances: Since the cost of living has generally showed an increasing trend, the workers have been fighting for higher wages to meet the rising cost of living and to increase their standard of living. 2. Personnel and Retrenchment: Personnel and retrenchment causes have also been important. 3. Bonus: Bonus has been an important factor in the industrial disputes, 4. Indiscipline and Violence: The number of disputes because of indiscipline and violence among the workers has been significant. 5. Leave and Hours of Work: Leave and hours of work have not been so important causes of industrial disputes. 6. Miscellaneous Causes: Miscellaneous causes include modernisation of plant and introduction of computers and automatic machinery recognition of union political factors, etc. These factors have caused a significant number of industrial disputes in the country Miscellaneous causes of industrial disputes are as follows: (a) Workers’ resistance to rationalisation, introduction of new machinery and change of place of factory.
(b) Non-recognition of trade union. (c) Rumours spread out by undesirable elements. (d) Working conditions and working methods. (e) Lack of proper communication. (f) Behaviour of supervisors. (g) Trade union rivalry etc. Thus, industrial disputes do not arise only when workers are dissatisfied on economic grounds, they also arise over issues which are of non-economic nature. Instances may be quoted when strikes where successfully organised to protest against the management’s decision to change the location of the plant from one state to another. Similarly, even causes like behaviour of supervisor and trade union rivalries may give rise to industrial disputes. The whole concept of industrial relations revolves around the principle of friction dynamics which is the key to the establishment of harmonious relations between labour and management. We cannot think of any society completely obliviant of some sort of friction between labour and management. Measures to Improve Industrial Relations: The following measures should be taken to achieve good industrial relations: 1. Progressive Management: There should be progressive outlook of the management of each industrial enterprise. It should be conscious of its obligations and responsibilities to the owners of the business, the employees, the consumers and the nation. The management must recognise the rights of workers to organise unions to protect their economic and social interests.
The management should follow a proactive approach, i.e., it should anticipate problems and take timely steps to minimise these problems. Challenges must be anticipated before they arise otherwise reactive actions will compound them and cause more discontent among the workers. 2. Strong and Stable Union: A strong and stable union in each industrial enterprise is essential for good industrial relations. The employers can easily ignore a weak union on the plea that it hardly represents the workers. The agreement with such a union will hardly be honoured by a large section of workforce. Therefore, there must be a strong and stable union in every enterprise to represent the majority of workers and negotiate with the management about the terms and conditions of service. 3.Atmosphere of Mutual Trust: Both management and labour should help in the development of an atmosphere of mutual cooperation, confidence, and respect. Management should adopt a progressive outlook, and should recognise the right of workers. Similarly, labour unions should persuade their members to work for the common objectives of the organisation. Both the management and the unions should have faith in collective bargainingand other peaceful methods of settling industrial disputes. 4. Mutual Accommodation: The right of collective bargaining of the trade unions must be recognised by the employers. Collective bargaining is the cornerstone of industrial relations. In any organisation, there must be a great emphasis on mutual accommodation rather than conflict or uncompromising attitude. Conflicting attitude does not lead to amicable labour relations; it may foster union militancy as the union reacts by engaging in
pressure tactics. The approach must be of mutual “give and take” rather the “take or leave”. 5. Sincere Implementation of Agreements: The management should sincerely implement the settlements reached with the trade unions. The agreement between the management and the unions should be enforced both in letter and spirit. 6. Workers’ Participation in Management: The participation of workers in the management of the industrial unit should be encouraged by making effective use of works committees, joint consultation and other methods. This will improve communication between managers and workers, increase productivity and lead to greater effectiveness. 7. Sound Personnel Policies: Personnel policies should be formulated in consultation with the workers and their representatives if they are to be implemented effectively. The policies should be clearly stated so that there is no confusion in the mind of anybody. The implementation of the policies should be uniform throughout the organisation to ensure fair treatment to each worker. 8. Government’s Role: The Government should play an active role for promoting industrial peace. It should make law for the compulsory recognition of a representative union in each industrial unit. It should intervene to settle disputes if the management and the workers are unable to settle their disputes. This will restore industrial peace.
Industrial disputes act