Brief Description on Trade Unions Act 1926, Industrial Dispute Act 1947, Industrial Employment Act 1946.

1. Industrial Engineering
Active Learning Assignment
Prepared By:
Aakash Singh : 150410119112
B.E. Mechanical

2. Topics
• Industrial Dispute Act 1947
• IndianTrade Unions Act 1926
• Industrial Employment Act 1946

4. Industrial Dispute Act 1947
• The Act has been amended several times and is responsive to the changes
taking place in the business environment
• It is a special legislation which applies to workmen irrespective of the
amount of wages but covers supervisors drawing wages not exceeding a
specified amount per month
• It governs their service conditions
• It is regarded as a supplement to the Indian Contract Act
• It deals with prevention and settlement of conflict between the two parties.
• The term “Industry” has a wide meaning which normally
• include all economic activities in an organised set up.

5. “Industry” includes
• Dock Labour board
• Activities or profession carried on
by individual or groups
• Agriculture
• Hospitals, Dispensaries, Nursing
Homes,
• Educational, Scientific, Research or
Training institutions
• Charitable, Social or Philanthropic
institutions
• Khadi andVillage industries
• Government activities like defence,
research, atomic energy
• and space
• Any domestic service
• Co-operative society or club ( min
10 employees)
• Municipality/Municipal
Corporation/City Corporation

6. Disputes
• Collective issue raised on management which is
rejected
• Community interest of group of employees
• Dispute between employees, employer and employers
or between employers
• Dispute must be related to employment, non-
employment or terms of employment/conditions of
labour or withdrawal of benefits to an office bearer of
union. However, benefits like housing, conveyance,
education or medical are the responsibilities of the
Government.

7. Disputes
• Dispute also relate to Strike or lock outs
• Contractual relationship should be present
• Industry must be existing not a dead one or imaginary
• Individual employee dispute can be treated as an industrial dispute when
taken up by a trade union or by a number of workmen

8. Objectives of Industrial Dispute Act
• Promoting and securing amity and good relations
• Minimising differences and settling disputes through adjudication
• Providing a suitable machinery for investigation of disputes
• Preventing illegal strikes and lockouts
• Providing relief to workmen in matters of lay-offs, retrenchment, wrongful
dismissals and victimisation
• Giving the workmen the right of collective bargaining
• Promoting conciliation

9. Principles under the Act
• Permanent conciliation machinery available. Time limits have been fixed.
Time reckoned from the date of notice of strike. Specific time limits for
various stages also fixed. Individual or collective disputes covered
• Compulsory arbitration in public utility services
• Strikes and lockouts during the pendency of conciliation and arbitration
proceedings and arbitration awards, are prohibited.
• An obligation on employers to recognise and deal with representative union
has been imposed
• Works committee –mutual consultation by employer and workers set up
• Disputes may be referred to Industrial Tribunal/Labour court by the
employees, employers or even the government

10. Important Definitions
• Appropriate Government: Central or State Government
• Award: Award means an interim or final decision of any industrial tribunal of
dispute or of any question thereto by any labour court, industrial tribunal or
national tribunal. Also includes arbitration award
• Employer: Authorities prescribed by the Central or State Government. If no
authority prescribed, the Head of the Department. In other cases, the CEO
• Industry: Industry means any business, trade, undertaking, manufacture or
calling. Amended in 1982 to “any systematic activity carried on by
cooperation between an employer and his workmen (whether employed
directly or through any agency including the contractor) for the production,
supply or distribution of goods or services with a view to satisfy human
wants or wishes( not being merely religious or spiritual in nature

11. Important Definitions
• Industrial Dispute: Any dispute or difference between employers and
employees 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 the conditions of labour or any person
• Lockout: Temporary closing of a place of employment, or the suspension of
work or temporary refusal by an employer to continue to employ any
number of persons employed by him.
• Settlement: A settlement means “ a settlement which has been arrived at in
the course of conciliation proceeding, and bind all workmen, and also which
has been arrived at otherwise, but has been signed by both parties and a
copy thereof has been sent to the government and the conciliation officer

12. Important Definitions
• Strike: A cessation of work by a body of persons employed in any industry
acting in combination, or a concerted refusal to continue to work or to
accept employment
• Wages: All remuneration capable of being expressed in terms of money
which would, if the terms of employment, expressed or implied were
fulfilled, be payable to the workman in respect of his employment or of
work done in each employment and which includes DA, Housing facilities—
water, electricity, medical attendance or other amenities, travelling
allowance

13. Authorities under the Act
 Conciliation : Works Committee, Conciliation Officer and the Board of
Conciliation
 Arbitration : court of enquiry
 Adjudication : Labour Court, IndustrialTribunal and NationalTribunal
• Conciliation: Conciliation is a method for the settlement of industrial
disputes through third party intervention. It aims at reconciling the views of
disputants and brings them to an agreement
• The conciliator is a neutral party, who without using force, seeks to find
some middle course for mutual agreement between disputants so that the
deadlock is brought to an end at the earliest possible moment and normal
peace restored. Government has the power to nominate the conciliation
officers

14. Authorities under the Act
• Arbitration: A Court of Inquiry as an is constituted as an ad hoc body as the
occasion may arise, by the appropriate government. It can enquire into any
matter connected with or relevant to industrial dispute, but not into the dispute
itself. Constitution of the court has to be notified in the Official Gazette.
Government may appoint One or more of the members as independent persons.
• During the pendency of the proceedings the following rights are not affected
a) worker’s right to go on strike
b) employer’s right to declare the lockout
c)the right of the employer to dismiss or otherwise punish the worker in certain
cases.

15. Authorities under the Act
• Adjudication: The ultimate legal remedy for the settlement of an
unresolved dispute is its reference to adjudication by the government. The
Government appoints a third party for purpose of deciding the nature of
final settlement

17. TheTrade Union Act 1926
• The Trade Union Act was passed in 1926 under the title of the Indian Trade
Union Act and was brought into effect from 1st June 1927 by a notification
in the Official Gazette by the Central Government.
• The Act was amended in 1947, 1960 and 1962, Subsequently the word
„Indian‟ was deleted from the amended Act of 1964, which came into force
from 1st April 1965.
• A comprehensive trade unions (Amendment) Act was passed in 1982.

18. Objectives OfThe Act
• Secure fair wages for workers
• Improve their opportunities for promotion and training.
• Safeguard security of tenure and improve their conditions of service.
• Improve working and living conditions of workers.
• Provide them educational, cultural and recreational facilities.
• Facilitate technological advancement by broadening the understanding of
the workers.

19. Trade Unions
• Section 2 (h) of the Trade Union Act 1926 defines the term „Trade Union‟
as “ any combination, whether temporary or permanent, formed
primarily for the purpose of regulating the relation between workmen
and employers, between workmen and workmen, or between employers
and employers or for imposing restrictive conditions on the conduct of
any trade or business, and includes any federation of two or more Trade
Unions”.

20. Functions & Role OfTrade Unions
• To improve working and living conditions.
• To secure for workers fair wages.
• To enlarge opportunities for promotion and training.
• To promote individual and collective welfare.
• To provide for educational, cultural and recreational facilities.
• To safeguard security of tenure and improve conditions of service.
• To promote identity of interests of the workers with their industry .

21. Registration ofTrade Union
• 7 or more members
• At least 10% or 100 of the workmen whichever is less employed in industry
with which is connected.
• Disqualified if not attained age of 18 years (sec. 21A)
• Not applicable when 5 years elapsed (sec.21A)

22. Application for Registration
• Every application for registration of a trade union shall be made to the
Registrar
• IfTrade Union has already been existing for one year or more, member
should submit all the details such as general statement of the assets and
liabilities of theTrade Union
• It shall be accompanied by a copy of the rules of the trade union and a
statement of the following particulars

23. Certificate of Registration
• SEC. 9
• Shall issue a certificate of registration in the prescribed form which shall be
conclusive that theTrade Union has been duly registered under this Act.
Certificate of Registration
• When Trade Union registration certificate has been obtained by fraud or other
illegal means.
• Disobey the rules and regulation ofTrade Union act.
• All the provision contained in section 6 of this act not followed by the members
of theTrade Union.
• When there are no minimum required numbers of members in theTrade Union.

24. Trade Unions In India
• INTUC (Indian NationalTrade Union Congress)
• AITUC (All IndiaTrade Union Congress)
• CITU (Centre of IndianTrade Unions)
• NLO (National Labour Organization)
• TUCC (Trade Union Congress Committee)

26. Introduction & Definition
• To avoid friction amongst the employers and workmen employed in an
industry is the principal aim of Indian Legislation in India.
• It was considered that the society had a vital interest in the settlement of
terms of employment of Industrial Labour and also settlement of Labour
problems.
• Therefore, the steps were taken by the Central Government to enact
Industrial Employment (Standing Orders) Act, 1946 with a view to afford
protection to the workmen with regard to conditions of employment.

27. Definition UnderThe Act (Sec.2)
“Standing Orders” mean rules relating to matters set out in the Schedule to
the Act [Sec.2(g)] to be covered and in respect of which the employer has to
draft for submission to the Certifying Officer, are matters specified in the
Schedule.

28. Objective OfThe Act
• The purpose of having Standing Orders at the plant level and other
commercial establishments is to regulate industrial relations.
• This Orders regulate the conditions of employment, grievances, misconduct
etc. of the workers employed in industrial undertakings.
• Unsolved grievances can become industrial disputes.

29. Model Standing Orders
• Classification ofWorkers
• Publication ofWorkTime, Holidays,
Pay Days andWage Rates
• Shift Working
• Attendance and Late Coming
• Leave and Holidays
• Casual Leave
• Payment ofWages
• Stoppage ofWork
• Termination of Employment
• Disciplinary Action for Misconduct
• Suspension
• Dismissal
• Complaints

30. Objectives of Industrial Dispute Act
• Promoting and securing amity and good relations
• Minimising differences and settling disputes through adjudication
• Providing a suitable machinery for investigation of disputes
• Preventing illegal strikes and lockouts
• Providing relief to workmen in matters of lay-offs, retrenchment, wrongful
dismissals and victimisation
• Giving the workmen the right of collective bargaining
• Promoting conciliation

31. Objectives of Industrial Dispute Act
• Promoting and securing amity and good relations
• Minimising differences and settling disputes through adjudication
• Providing a suitable machinery for investigation of disputes
• Preventing illegal strikes and lockouts
• Providing relief to workmen in matters of lay-offs, retrenchment, wrongful
dismissals and victimisation
• Giving the workmen the right of collective bargaining
• Promoting conciliation

32. Procedure ForThe Approval Of
Standing Orders
• The main provision that deal for the approval of Standing Orders are:
i. Procedure for the submission of Draft Standing Orders [Section 3].
ii. Procedure for the Conditions forCertification of Standing Orders
[Section4].
iii. Procedure forCertification of Standing Orders (Procedure forAdoption)
[Section 5].
iv. Appeals [Section 6].

33. Certifying Officer
• Definition:-
The “certifying officer” under
standing order act means Regional
Labour Commissioner, Labour
Commissioner or other officer
appointed by the appropriate
government by the notification in the
Official Gazette, to perform all or any
of the functions of certifying officer
underAct.
Powers of Certifying Officer:-
Every Certifying Officer and appellate
authority shall have all the powers of
Civil Court for he purpose of:
• 1. Receiving Evidence,
• 2. Administering oaths,
• 3. Enforcing the attendance of
witness, and
• 4. Compelling the discovery and
production of documents.

34. Offences And Penalties
• An employer fails to submit the draft Standing Orders as required by Section 3
or who modified his standing orders otherwise with sec.10 shall be punishable
with fine which may extend to Rs.5000 and in case of continuing offence with a
further fine of Rs.200 for every day after the first during which the offence
continues.
• An employer who does not act in contravention of the standing orders finally
certified under this act for industrial establishment shall be punishable with
fine which may extend to Rs.100 and in case of continuous offence with further
fine of Rs.25 every day after the first during which the offence continues.
• No persecution for any offence punishable under this section 13 shall be
instituted except with the previous sanction of the appropriate government. It
can be tried only in the Court of a presidency magistrate or the second class
magistrate.