This document provides an overview of the Industrial Dispute Act of 1947 in India. Some key points: - The Act aims to resolve industrial disputes through investigation and settlement. It established mechanisms like work committees, conciliation officers, boards of conciliation, and courts/tribunals for adjudication. - Investigation involves work committees composed of employer and employee representatives. Settlement efforts include conciliation officers and boards of conciliation. Courts/tribunals can make awards if disputes cannot be settled. - The Act introduced provisions for voluntary arbitration. It also defines unfair labor practices by employers and penalties for violating workers' rights. Awards made by adjudicating authorities become enforceable 30 days after publication.

1. Labour law –I
Industrial Dispute Act 1947
-P.Ishwarya.III YR Of BA.LLB
THE CENTRAL LAW COLLEGE

2. INDUSTRIAL DISPUTE ACT 1947
Introduction:
- Talks about disputes that occurs in an industry.
- This act apply to whole india.
- It came into force on 1st april,1947.
- consists of
*40 sections.
* 7 chapters.
* 5 schedules.
- The subject of labour comes under concurrent list in schedule -7 of indian
constitution.
Motto of the Act :
- To investigate and settlement of industrial disputes and certain other purposes.

3. Background of the Act
- Employer and Workmen (Dispute ) Act 1860.
- Trade Dispute Act 1929.
Employer and Workmen (Dispute) Act 1860:
- This act deals disputes related to wages only.
- Right to strike was not recognised by law.
- Disputes are resolved by majestrate.
- Repealed on 1932.
Trade Dispute Act 1929:
-Defects rectified.
- Right to strike was legally recognised.
- legislation for system of conciliation introduced for settle industrial
dispute.
- Amendment also made .
Note:
This act also facing lots of difficulties. After that ID Act came into play.

4. Mechanism
Investigation
• WORK COMMITTEE
(SEC- 3)
SETTLEMENT
• CONCILIATION
OFFICERS sec- 4
• Boards of
conciliation sec-5
Adjudication
• Labour courts .
• Industrial tribunal.
• National tribunal
• Arbitration.

5. Investigation Board.
Work committee:
- Recommendation by royal commission.
- for prevention of industrial disputes.
- committee consists of ( workmen + employee) = work
committee.
- 100 or more workmen employed in industry appropriate
govt require work committee within 12months.
Duties and functions:
- To maintain Harmonious relationship and peace.
- workers welfare.
- To promote industrial good will.

6. Structure of work committee
President
(Employer nominee). Vice president
(Workers representative)
Secretary Joint secretary
Tenure- 2yrs.
Total strength – 20

7. Kemp &co ltd vs their workmen.
• The decision of work committee are not conclusive or binding but
recommentary.
Dissolution of work committee
- The central govt or any officer authority to whom power under sec-39 has
been delegated.
- May aftertaking necessary enquiry can dissolve any works committee at
any time.
Section-39: delegation of power.
- appropriate government
*central .
* state.

8. settlement
• Conciliation officer
• Board of conciliation.
Conciliation officer(sec-4):
- official gazzette notification ( appoint no of. Person).
- jurisdiction, powers and so on mentioned in that gazzette.
- It may for permanent or limited period for specified area or for
specified industries.
Motto:
- duty to mediating & promoting the settlement of industrial
dispute.
Settlement:
- Detailed report submitted to appropriate govt with copy of
settlement arrived.
- Incase of failure sent a report with reason within 14days.

9. Board of conciliation sec-5
• Official gazzette notification.
• Consists of chairman and 2 or 4 members.
• Chairman- independent person.
• Members – representing both the parties must be equal no.
Duties:
- Investigate the dispute and inducing the parties to reach a fair and amical settlement.
- It enjoys the power of civil court.
Settlement:
- either settle or not sent a report to appropiate govt.
- Incase of success “ memorandum of settlement” signed by parties.
- Not settled stating reasons and recommendations for determination of dispute within
2months.
Difference sec-4 and sec-5:
- 14 days.
- 2 months.

10. Courts of enquiry
• Failure of conciliation proceedings.
• Aprropriate govt appoint a court of enquiry ( one or more person).
• Idea derived from english law.
Report:
- within 6 months report submited to appropriate govt from the date of
commencement.
- report published by govt within 30days .
Difference board and court:
- Board: settlement of industrial dispute.
- court:
* facts finding machinery.
* inquiry and reveal cause of an dispute.

11. Voluntary arbitration sec-10-A
• Originally the act doesn’t have any provision . After 1956 amendment came
into existence.
• India introduced this system and experimented in textile industry of
ahmadabad as far back as ( guidance) initiate by gandhi.
• National Arbitration promotion board set up in 1967 to strenghten voluntary
arbitration in our country.
• After submitted award by arbitrator. It must be published by govt within
30days.
Adjudication
Labour court:
- official gazette notification given by govt.
- may constitute one or more labour court for adjudication of industrial dispute
specified in second schedule.
- it consist of one person is called presiding officer.

12. Qualification for appointment as the judge of
labour court sec-7
• Judge of H.court.
• Dist. Judge or additional Dist. Judge for a period not less than 3yrs.
• Judicial office in india for not less than 7yrs.
• He has been the presiding officer of a labour court constituted under any
provincial act or state for not less than 5yrs.
Disqualification:
- not a independent person.
- attained the age of 65yrs.
Jurisdiction:
- illegality of strike or lockout.
- discharge or dismissal of worker and grant relief to them.
- withdrawal of any statutory concession or privilige.

13. Industrial tribunal sec-7A
• Official gazette constitute one or more industrial tribunals for adjudication of
industrial dispute specified in
* second schedule.
* third schedule.
- It is headed by presiding officer.
Note:
Assessors Appointment
- Appropriate govt.
- 2 assessors.
- advice him in proceedings.
Qualification:
- judge of H.court.
- dist.judge or Additional dist.judge period
Disqualification:
- not an independent person.
- attained age of 65 yrs.

14. jurisdiction
• Retrenchement.
• Leave with wages and holidays.
• Hours of work and rest intervals.

15. National tribunal
• Setup only by central level.
• Constitute by presiding officer.
• Two assesors for assist him.
Qualification:
- judge of H.court.
Disqualification:
-not a independent person.
- attained age of 65yrs.

16. Award and settlement
Award:sec- 2(b)
- award is the relief ( interim or final order) awarded for an industrial dispute by
adjudicating authorities such as:
* labour courts.
* tribunal.
* arbitrating authority.
Section:- 16: form of report or award:
- must be in writing.
- signed by presiding officer.
Section:17 publication of report and award:
- within 30days award must be publised by appropriate govt.
Enforcement of award:
- shall become enforceable on the expiry of 30 days from its publication.
-

17. Settlement- sec:2(p)
• Arrived in course of conciliation proceedings (between workmen and
employee).
• Must be in written and signed by the parties.
• Sent to the appropriate govt and conciliation officer.
Period of operation for settlement:
- comes into operation on such date agreed upon by the parties of dispute.
-date is not mentioned ( memorandum of settlement) signed by
parties(existence).
penalty:
- imprisonment extend to 6months or fine or both.
Difference between award and settlement:
- tribunal – concilation proceedings.
- signed by presiding officer – parties to agreement.

18. Unfair labour pratice sec-2 (ra)
• Pratices specified in 5th schedule.
* threatning workmen with discharge or dismissal if they join a trade
union.
*changing senority rating of workmen.
* partiality to one set of workers.
Penalty:
- imprisonment extend to 6 months or fine or both.
LH Factories and oil mills, pilibhit vs state of U.P
- discrimination in the matter of promotion.
- comes under unfair labour pratice.