SlideShare a Scribd company logo
The Industrial Disputes Act, 1947
APPLICABILITY OF THE ACTThe act came in to force on the 1st day of April 1947The act extends to the whole of India. SECTIONS & SCHEDULES
40 sections
5 schedulesIMPORTANT DEFINITIONAppropriate Government [Sec.2(a)]Industry [Sec.2(j)]Industrial Dispute [Sec.2(k)]Wages [Sec.2(rr)]Workman [Sec.2(s)]
STRIKESec. 2(q) defines a strike as follows:The cessation  of work by a body of persons employed in any industry acting in combination ; orA 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 accept employment.
LOCK-OUTA lock-out means [Sec.2(l)]
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.
It means the closure of the place of business and not closure of business itself.PROHIBITION OF STRIKES & LOCKOUTSNo person in a public utility service shall go on strike in breach of contract or lock-out any of his workmen[Sec.22(1)(2)] :- Without giving the notice and after 6 weeks of noticeWithin 14days of giving such noticeBefore the date specified in such noticeConciliation going on before a Board of Conciliation & 7 days thereafter.
(Cont……)The notice shall not be necessary where there is already in existence a strike or lock-out in the public utility service.The notice shall be given in such manner as may be prescribed.The employer shall report to the appropriate govt. or any legal authority regarding the no. of notices that he received or gave within 5 days
(Cont….)No workman or employer shall go on strike or declare a lockout [Sec.23] :During adjudication before a Board and 7days thereafter.During adjudication before a labour Court, Tribunal & National Tribunal and 2 months thereafter.During arbitration before an Arbitrator & 2 months thereafter.A settlement or an award is in operation
ILLEGAL STRIKES/LOCKOUTSIn public Utility Services [Sec.22(1)&(2),23,30,19]Without giving 14 days noticeCommenced after 42 days of noticePrior to the date indicated in the notice.During the pendency of proceedingsDuring the period when a settlement or award is in operation on same matters.
(Cont……)In non public utility services [Sec.23,20,19]In breach of contractDuring the pendency of proceedingsDuring the settlement or award is in operationIN BOTH THE STRIKE/LOCKOUT WILL BE ILLIGAL IF CONTINUED AFTER GOVT. BANNING. [Sec.10(4A),24]PENALTYPenalty for illegal strikes (Sec 26):Imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs. 50, or with both.Penalty for instigation of illegal strikes (sec. 27):Imprisonment for a term up to 6 moths., or a fine up to Rs. 1000, or with both.Penalty for giving financial aid to illegal strikes (sec. 28):Imprisonment for a term up to 6 moths., or a fine up to Rs. 1000, or with both. Penalty for illegal lock-outs
Imprisonment for a term extending to 1 month or with fine up to Rs. 1000 or with both.LAY-OFFDefinition [Sec.2 (kkk)]    “Lay-off” means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched
LAY OFF COMPENSATION50% of basic + dearness allowance. [Sec. 25C]
In case, permission is not obtain/refused, full wages.  [Sec. 25M(8)]
If the employee refuse to accept alternative employment under the same employer within a radius of 5 miles, the worker is not eligible for any compensation. [Sec. 25E(1)]
If not reported for attendance, no compensation. [Sec. 25E(2)]
If layoff is due to strike or go slow by another section of the unit, no compensation. [Sec. 25E(3)]PROCEDURE TO APPLY FOR LAYOFF PERMISSIONEstablishments covered under shall make application to appropriate Govt. in Form 03 [Sec. 25M]Govt. may grant/refuse permission within 60 days. If no reply is received within 60 days permission can be assumed. [Sec. 25M(5)]
RETRENCHMENTDefinition
Sec. 2 (oo) defines Retrenchment as the termination by the employer of the service of the workman for any reason whatsoever, otherwise than a punishment inflicted by way of disciplinary action.
Retrenchment does not include voluntary retirement superannuation or termination of employment on grounds of ill health.CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMENNo workmen [Chapter VA]who has been employed for not less then 1 year can be retrenched until [Sec.25F]:
1 month notice in written & reason for retrenchment.
15 days average pay for every completed year of service.
Notice served to the appropriate government.(Contd….)No workmen [Chapter VB]who has been employed for not less then 1 year can be retrenched until [Sec.25F]:
Has been given 3 months notice in written, indicating the reasons for retrenchment.
Compensation shall be equivalent to 15 days average pay for every completed years of continuous service or any part thereof in excess of 6 months(Contd….)Notice shall be given to appropriate government or such authority & the permission of such government or authority is obtained.
Government or authority after making inquiry may grant or refuse the permission to the employer within 3 months of the date of service of the notice.
if it does not communicate within 3 months of such notice then the retrenchment is legal.
if it does refuse the permission then the retrenchment is illegal.PENALTY FOR LAY-OFF & RETRENCHMENT Any employer who contravenes the provisions of lay-off / retrenchment is punishable with imprisonment for a term which may extend to  one month, or with fine which may extend to  Rs.1000/- or both.
CLOSURE	“Closure" means the permanent closing down of a place of employment or part of establishment [Sec. 2(cc)] ProhibitionsNo permission is required, in smaller establishments [Sec. 25(k)]
(Contd….)Where permission is required, application should be submitted (in the case of factories, mines and plantations) to the Govt. with copy to the union at least 90 days in advance. [Sec. 25O(1)]If no reply is received within 60 days permission can be assumed [Sec.25O(3)]
PENALTYIn case of not taking the prior permission or informing representative of workmen, imprisonment for a term which may extend to 6 month, or with fine which may extend to Rs. 5000, or with both.
In case of contravene of order, imprisonment for a term which may extend to 1 year, or with fine which may extend to Rs. 5000, or with both.UNFAIR LABOUR PRACTICESON THE PART OF EMPLOYERS
To interfere with, restrain from, or coerce, workmen in the exercise of their right to organize, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection.
To dominate, interfere with or contribute support, financial or otherwise, to any trade union.
To establish employer sponsored trade unions of workmen.(Contd….)To encourage or discourage membership in any trade union by discriminating against any workman.
To discharge or dismiss workmen.
To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike.
To transfer a workman mala fide from one place to another, under the guise of following management policy.
To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a precondition to allowing them to resume work.(Contd….)To show favoritism or partiality to one set of workers regardless of merit.To employ workmen as "badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.
(Contd….)To recruit workman during a strike which is not an illegal strike.Failure to implement award, settlement or agreement.To indulge in acts of force or violence.To refuse to bargain collectively, in good faith with the recognized trade unions.Proposing or continuing a lock-out deemed to be illegal under this Act.
(Contd….)ON THE PART OF WORKMENTo advise or actively support or instigate any strike deemed to be illegal under this Act.To coerce workmen in the exercise of their right to self-organization or to join a trade union or refrain from, joining any trade union.For a recognized union to refuse to bargain collectively in good faith with the employer.
(Contd….)To indulge in coercive activities against certification of a bargaining representative.To stage, encourage or instigate such forms of coercive actions as willful, "go-slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff.To stage demonstrations at the residence of the employers or the managerial staff members.
To incite or indulge in willful damage to employer’s property connected with the industry.To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.(Contd….)
AUTHORITIES UNDER THIS ACTWorks committeeConciliation officersBoard of conciliationCourts of inquiryLabour courtsTribunalsNational tribunals
WORKS COMMITTEEWhere? : establishments with 100 or more workers [Sec.3(1) &(2)]Members : Equal number of representatives of the Employer and Employees [Sec.3(1) & Rule 40]Objective : promotion of good relationship between employer and employee(s)
CONCILIATION OFFICERSAppointed by appropriate Government
Nature : appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.
Duties :

More Related Content

What's hot

The trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.uesThe trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.ues
Sunit Kapoor
 
Trade union act, 1926
Trade union act, 1926Trade union act, 1926
Trade union act, 1926
Deep Sukh
 
Conciliation
ConciliationConciliation
Conciliation
Dolly03
 
Trade Union Act,1926
Trade Union Act,1926Trade Union Act,1926
Strikes & Lockouts
Strikes & LockoutsStrikes & Lockouts
Strikes & Lockouts
Anshuman Jaiswal
 
Employees provident fund act 1952
Employees provident fund act 1952Employees provident fund act 1952
Employees provident fund act 1952
Sanvels Consulting Services I Pvt Ltd
 
Payment of gratuity act, 1972 ppt
Payment of gratuity act, 1972 pptPayment of gratuity act, 1972 ppt
Payment of gratuity act, 1972 ppt
ACS Shalu Saraf
 
The indian trade union act 1926
The indian trade union act 1926The indian trade union act 1926
The indian trade union act 1926
Saneem Nazim
 
Strike & lock outs
Strike & lock outsStrike & lock outs
Minimum wages act 1948
Minimum wages act 1948Minimum wages act 1948
Minimum wages act 1948
uzmarukhsar88
 
Trade union act, 1926
Trade union act, 1926Trade union act, 1926
Trade union act, 1926
Rikesh Chaurasia
 
Payment of bonus act 1965
Payment of bonus act 1965Payment of bonus act 1965
Payment of gratuity act
Payment of gratuity actPayment of gratuity act
Payment of gratuity act
Niket Talwar
 
Minimum wages act, 1948
Minimum wages act, 1948Minimum wages act, 1948
Minimum wages act, 1948
ACS Shalu Saraf
 
Lay off and retrenchment
Lay off and retrenchmentLay off and retrenchment
Registration of trade union in india
Registration of trade union in indiaRegistration of trade union in india
Registration of trade union in india
Akanksha Bartakke
 
The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970
ACS Shalu Saraf
 
Factories act 1948 health, safety and welfare of workers
Factories act 1948 health, safety and welfare of workersFactories act 1948 health, safety and welfare of workers
Factories act 1948 health, safety and welfare of workers
sajeena aanji
 
Industrial dispute
Industrial disputeIndustrial dispute
Industrial dispute
Dr. Saswat Barpanda
 
Ind law ppt.ppt 2
Ind law ppt.ppt 2Ind law ppt.ppt 2
Ind law ppt.ppt 2
Deepali Shinde
 

What's hot (20)

The trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.uesThe trade unions act 1926.ppt final presentation.ues
The trade unions act 1926.ppt final presentation.ues
 
Trade union act, 1926
Trade union act, 1926Trade union act, 1926
Trade union act, 1926
 
Conciliation
ConciliationConciliation
Conciliation
 
Trade Union Act,1926
Trade Union Act,1926Trade Union Act,1926
Trade Union Act,1926
 
Strikes & Lockouts
Strikes & LockoutsStrikes & Lockouts
Strikes & Lockouts
 
Employees provident fund act 1952
Employees provident fund act 1952Employees provident fund act 1952
Employees provident fund act 1952
 
Payment of gratuity act, 1972 ppt
Payment of gratuity act, 1972 pptPayment of gratuity act, 1972 ppt
Payment of gratuity act, 1972 ppt
 
The indian trade union act 1926
The indian trade union act 1926The indian trade union act 1926
The indian trade union act 1926
 
Strike & lock outs
Strike & lock outsStrike & lock outs
Strike & lock outs
 
Minimum wages act 1948
Minimum wages act 1948Minimum wages act 1948
Minimum wages act 1948
 
Trade union act, 1926
Trade union act, 1926Trade union act, 1926
Trade union act, 1926
 
Payment of bonus act 1965
Payment of bonus act 1965Payment of bonus act 1965
Payment of bonus act 1965
 
Payment of gratuity act
Payment of gratuity actPayment of gratuity act
Payment of gratuity act
 
Minimum wages act, 1948
Minimum wages act, 1948Minimum wages act, 1948
Minimum wages act, 1948
 
Lay off and retrenchment
Lay off and retrenchmentLay off and retrenchment
Lay off and retrenchment
 
Registration of trade union in india
Registration of trade union in indiaRegistration of trade union in india
Registration of trade union in india
 
The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970The contract labour (regulation and abolition), 1970
The contract labour (regulation and abolition), 1970
 
Factories act 1948 health, safety and welfare of workers
Factories act 1948 health, safety and welfare of workersFactories act 1948 health, safety and welfare of workers
Factories act 1948 health, safety and welfare of workers
 
Industrial dispute
Industrial disputeIndustrial dispute
Industrial dispute
 
Ind law ppt.ppt 2
Ind law ppt.ppt 2Ind law ppt.ppt 2
Ind law ppt.ppt 2
 

Viewers also liked

Industrial dispute act 1947
Industrial dispute act 1947Industrial dispute act 1947
Industrial dispute act 1947
Mohit Shukla
 
Industrial Disputes Act 1947
Industrial Disputes Act 1947Industrial Disputes Act 1947
Industrial Disputes Act 1947
Ramco Cements Ltd
 
A4 elanjceziyan
A4 elanjceziyanA4 elanjceziyan
A4 elanjceziyan
Jasline Presilda
 
The Industrial Disputes Act, 1947
The Industrial Disputes Act, 1947The Industrial Disputes Act, 1947
The Industrial Disputes Act, 1947
Debraj Subedi
 
Industrial Disputes Act 1947
Industrial Disputes Act 1947Industrial Disputes Act 1947
Industrial Disputes Act 1947
Dr. Trilok Kumar Jain
 
Industrial disputes act, 1947
Industrial disputes  act, 1947Industrial disputes  act, 1947
Industrial disputes act, 1947
Industrial disputes act, 1947Industrial disputes act, 1947
Industrial disputes act, 1947
Bibin Ssb
 
Slideshare Powerpoint presentation
Slideshare Powerpoint presentationSlideshare Powerpoint presentation
Slideshare Powerpoint presentation
elliehood
 

Viewers also liked (8)

Industrial dispute act 1947
Industrial dispute act 1947Industrial dispute act 1947
Industrial dispute act 1947
 
Industrial Disputes Act 1947
Industrial Disputes Act 1947Industrial Disputes Act 1947
Industrial Disputes Act 1947
 
A4 elanjceziyan
A4 elanjceziyanA4 elanjceziyan
A4 elanjceziyan
 
The Industrial Disputes Act, 1947
The Industrial Disputes Act, 1947The Industrial Disputes Act, 1947
The Industrial Disputes Act, 1947
 
Industrial Disputes Act 1947
Industrial Disputes Act 1947Industrial Disputes Act 1947
Industrial Disputes Act 1947
 
Industrial disputes act, 1947
Industrial disputes  act, 1947Industrial disputes  act, 1947
Industrial disputes act, 1947
 
Industrial disputes act, 1947
Industrial disputes act, 1947Industrial disputes act, 1947
Industrial disputes act, 1947
 
Slideshare Powerpoint presentation
Slideshare Powerpoint presentationSlideshare Powerpoint presentation
Slideshare Powerpoint presentation
 

Similar to The industrial disputes act, 1947..

Our ppt
Our pptOur ppt
Our ppt
Bdb Bhatt
 
Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs
Dr. Trilok Kumar Jain
 
Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs
Dr. Trilok Kumar Jain
 
Strike And lock out under industrial dispute act 1947
Strike And lock out under industrial dispute act 1947Strike And lock out under industrial dispute act 1947
Strike And lock out under industrial dispute act 1947
ipadin0327
 
01 july,2014 industrial disputes act 1947
01 july,2014 industrial disputes act 194701 july,2014 industrial disputes act 1947
01 july,2014 industrial disputes act 1947
MA Hussain
 
Alok... labourlaw.pptx
Alok... labourlaw.pptxAlok... labourlaw.pptx
Alok... labourlaw.pptx
ssusere44caf
 
Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs
Dr. Trilok Kumar Jain
 
52 52 The Industrial Disputes Act 1947
52 52 The Industrial Disputes Act 194752 52 The Industrial Disputes Act 1947
52 52 The Industrial Disputes Act 1947
satyam mishra
 
Strikes & lockouts final
Strikes & lockouts finalStrikes & lockouts final
Strikes & lockouts final
Nabil Faraz
 
the Industrial Dispuite Act,1947
the Industrial Dispuite Act,1947the Industrial Dispuite Act,1947
the Industrial Dispuite Act,1947
Bharti Verma
 
Unit 2 industrial dispute
Unit 2 industrial disputeUnit 2 industrial dispute
Unit 2 industrial dispute
Ganesha Pandian
 
Strike by Ankit Singh
Strike by Ankit SinghStrike by Ankit Singh
Strike by Ankit Singh
Ankit Singh
 
LABOUR AND LAW PPT.pptx
LABOUR AND LAW PPT.pptxLABOUR AND LAW PPT.pptx
LABOUR AND LAW PPT.pptx
AishwaryaKarkala
 
Labour Laws 1
Labour Laws 1Labour Laws 1
Labour Laws 1
satyam mishra
 
industrial dispute act 1947 for industrial law
industrial dispute act 1947 for industrial lawindustrial dispute act 1947 for industrial law
industrial dispute act 1947 for industrial law
prathammaurya32
 
Labour Laws 119[1]
Labour Laws 119[1]Labour Laws 119[1]
Labour Laws 119[1]
MADAN PANDIA
 
Lockouts in industrial relation
Lockouts in industrial relationLockouts in industrial relation
Lockouts in industrial relation
BALA GOPAL AS
 
Id,so. copy
Id,so.   copyId,so.   copy
Id,so. copy
Arunita Palbag
 
The-Industrial-Disputes-Act-1947.ppt
The-Industrial-Disputes-Act-1947.pptThe-Industrial-Disputes-Act-1947.ppt
The-Industrial-Disputes-Act-1947.ppt
SampathKumarBL
 
Right to lock out (instrument of economic coercion)
Right to lock out (instrument of economic coercion)Right to lock out (instrument of economic coercion)
Right to lock out (instrument of economic coercion)
Kathmandu University School of Law
 

Similar to The industrial disputes act, 1947.. (20)

Our ppt
Our pptOur ppt
Our ppt
 
Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs
 
Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs
 
Strike And lock out under industrial dispute act 1947
Strike And lock out under industrial dispute act 1947Strike And lock out under industrial dispute act 1947
Strike And lock out under industrial dispute act 1947
 
01 july,2014 industrial disputes act 1947
01 july,2014 industrial disputes act 194701 july,2014 industrial disputes act 1947
01 july,2014 industrial disputes act 1947
 
Alok... labourlaw.pptx
Alok... labourlaw.pptxAlok... labourlaw.pptx
Alok... labourlaw.pptx
 
Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs Essential employment laws for entrepreneurs
Essential employment laws for entrepreneurs
 
52 52 The Industrial Disputes Act 1947
52 52 The Industrial Disputes Act 194752 52 The Industrial Disputes Act 1947
52 52 The Industrial Disputes Act 1947
 
Strikes & lockouts final
Strikes & lockouts finalStrikes & lockouts final
Strikes & lockouts final
 
the Industrial Dispuite Act,1947
the Industrial Dispuite Act,1947the Industrial Dispuite Act,1947
the Industrial Dispuite Act,1947
 
Unit 2 industrial dispute
Unit 2 industrial disputeUnit 2 industrial dispute
Unit 2 industrial dispute
 
Strike by Ankit Singh
Strike by Ankit SinghStrike by Ankit Singh
Strike by Ankit Singh
 
LABOUR AND LAW PPT.pptx
LABOUR AND LAW PPT.pptxLABOUR AND LAW PPT.pptx
LABOUR AND LAW PPT.pptx
 
Labour Laws 1
Labour Laws 1Labour Laws 1
Labour Laws 1
 
industrial dispute act 1947 for industrial law
industrial dispute act 1947 for industrial lawindustrial dispute act 1947 for industrial law
industrial dispute act 1947 for industrial law
 
Labour Laws 119[1]
Labour Laws 119[1]Labour Laws 119[1]
Labour Laws 119[1]
 
Lockouts in industrial relation
Lockouts in industrial relationLockouts in industrial relation
Lockouts in industrial relation
 
Id,so. copy
Id,so.   copyId,so.   copy
Id,so. copy
 
The-Industrial-Disputes-Act-1947.ppt
The-Industrial-Disputes-Act-1947.pptThe-Industrial-Disputes-Act-1947.ppt
The-Industrial-Disputes-Act-1947.ppt
 
Right to lock out (instrument of economic coercion)
Right to lock out (instrument of economic coercion)Right to lock out (instrument of economic coercion)
Right to lock out (instrument of economic coercion)
 

Recently uploaded

THE IMPORTANCE OF CODING IN DEVOPS EXPLANATION
THE IMPORTANCE OF CODING IN DEVOPS EXPLANATIONTHE IMPORTANCE OF CODING IN DEVOPS EXPLANATION
THE IMPORTANCE OF CODING IN DEVOPS EXPLANATION
hrajkumar444
 
Satta matka guessing Kalyan result sattamatka
Satta matka guessing Kalyan result sattamatkaSatta matka guessing Kalyan result sattamatka
Satta matka guessing Kalyan result sattamatka
➑➌➋➑➒➎➑➑➊➍
 
What is Venture Client for Startup entrepreneur
What is Venture Client for Startup entrepreneurWhat is Venture Client for Startup entrepreneur
What is Venture Client for Startup entrepreneur
Gokul Rangarajan
 
Navigating Change Strategies for Effective Transition and Operational Plannin...
Navigating Change Strategies for Effective Transition and Operational Plannin...Navigating Change Strategies for Effective Transition and Operational Plannin...
Navigating Change Strategies for Effective Transition and Operational Plannin...
Brian Frerichs
 
Cracking the Customer Experience Code.pptx
Cracking the Customer Experience Code.pptxCracking the Customer Experience Code.pptx
Cracking the Customer Experience Code.pptx
Workforce Group
 
Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...
Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...
Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...
Aggregage
 
Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...
Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...
Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...
itnewsafrica
 
Cryptocurrency KYC Policies: Comparing Binance KYC Bypass with Rivals
Cryptocurrency KYC Policies: Comparing Binance KYC Bypass with RivalsCryptocurrency KYC Policies: Comparing Binance KYC Bypass with Rivals
Cryptocurrency KYC Policies: Comparing Binance KYC Bypass with Rivals
Any kyc Account
 
A Complete Guide of Dubai Freelance Visa and Permit in 2024
A Complete Guide of Dubai Freelance Visa and Permit in 2024A Complete Guide of Dubai Freelance Visa and Permit in 2024
A Complete Guide of Dubai Freelance Visa and Permit in 2024
Dubiz
 
Mandated reporting powerpoint to help with understanding your role
Mandated reporting powerpoint to help with understanding your roleMandated reporting powerpoint to help with understanding your role
Mandated reporting powerpoint to help with understanding your role
khidalgo2
 
A STUDY OF MUTUAL FUND OF BANK OF INDIA .pdf
A STUDY OF MUTUAL FUND  OF BANK OF INDIA .pdfA STUDY OF MUTUAL FUND  OF BANK OF INDIA .pdf
A STUDY OF MUTUAL FUND OF BANK OF INDIA .pdf
rsonics22
 
Best Practices in Negotiation for Business Management Students
Best Practices in Negotiation for Business Management StudentsBest Practices in Negotiation for Business Management Students
Best Practices in Negotiation for Business Management Students
zoyaws1
 
Transforming the Future of Limo Services.pptx
Transforming the Future of Limo Services.pptxTransforming the Future of Limo Services.pptx
Transforming the Future of Limo Services.pptx
limocaptaincom
 
Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...
Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...
Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...
Rajesh Math
 
BBA Final SML 501 INTERNATIONAL BUSINESS .pdf
BBA Final SML 501 INTERNATIONAL BUSINESS .pdfBBA Final SML 501 INTERNATIONAL BUSINESS .pdf
BBA Final SML 501 INTERNATIONAL BUSINESS .pdf
mcdopex6
 
Importance of Quality Transformations in VUCA World
Importance of Quality Transformations in VUCA WorldImportance of Quality Transformations in VUCA World
Importance of Quality Transformations in VUCA World
Ankur860831
 
1234567891011121314151617181920212223242
12345678910111213141516171819202122232421234567891011121314151617181920212223242
1234567891011121314151617181920212223242
fauzanal343
 
Top Digital Marketing Strategy in 2024.pdf
Top Digital Marketing Strategy in 2024.pdfTop Digital Marketing Strategy in 2024.pdf
Top Digital Marketing Strategy in 2024.pdf
Top IT Marketing
 
TALENT ACQUISITION AND MANAGEMENT LECTURE 2
TALENT ACQUISITION AND MANAGEMENT LECTURE 2TALENT ACQUISITION AND MANAGEMENT LECTURE 2
TALENT ACQUISITION AND MANAGEMENT LECTURE 2
projectseasy
 
The-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptx
The-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptxThe-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptx
The-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptx
Jindal Global University, Sonipat Haryana 131001
 

Recently uploaded (20)

THE IMPORTANCE OF CODING IN DEVOPS EXPLANATION
THE IMPORTANCE OF CODING IN DEVOPS EXPLANATIONTHE IMPORTANCE OF CODING IN DEVOPS EXPLANATION
THE IMPORTANCE OF CODING IN DEVOPS EXPLANATION
 
Satta matka guessing Kalyan result sattamatka
Satta matka guessing Kalyan result sattamatkaSatta matka guessing Kalyan result sattamatka
Satta matka guessing Kalyan result sattamatka
 
What is Venture Client for Startup entrepreneur
What is Venture Client for Startup entrepreneurWhat is Venture Client for Startup entrepreneur
What is Venture Client for Startup entrepreneur
 
Navigating Change Strategies for Effective Transition and Operational Plannin...
Navigating Change Strategies for Effective Transition and Operational Plannin...Navigating Change Strategies for Effective Transition and Operational Plannin...
Navigating Change Strategies for Effective Transition and Operational Plannin...
 
Cracking the Customer Experience Code.pptx
Cracking the Customer Experience Code.pptxCracking the Customer Experience Code.pptx
Cracking the Customer Experience Code.pptx
 
Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...
Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...
Don’t Get Left Behind: Leveraging Modern Product Management Across the Organi...
 
Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...
Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...
Anton Grutzmache- Ominisient: The Data Revolution in Banking: From Scoring Cr...
 
Cryptocurrency KYC Policies: Comparing Binance KYC Bypass with Rivals
Cryptocurrency KYC Policies: Comparing Binance KYC Bypass with RivalsCryptocurrency KYC Policies: Comparing Binance KYC Bypass with Rivals
Cryptocurrency KYC Policies: Comparing Binance KYC Bypass with Rivals
 
A Complete Guide of Dubai Freelance Visa and Permit in 2024
A Complete Guide of Dubai Freelance Visa and Permit in 2024A Complete Guide of Dubai Freelance Visa and Permit in 2024
A Complete Guide of Dubai Freelance Visa and Permit in 2024
 
Mandated reporting powerpoint to help with understanding your role
Mandated reporting powerpoint to help with understanding your roleMandated reporting powerpoint to help with understanding your role
Mandated reporting powerpoint to help with understanding your role
 
A STUDY OF MUTUAL FUND OF BANK OF INDIA .pdf
A STUDY OF MUTUAL FUND  OF BANK OF INDIA .pdfA STUDY OF MUTUAL FUND  OF BANK OF INDIA .pdf
A STUDY OF MUTUAL FUND OF BANK OF INDIA .pdf
 
Best Practices in Negotiation for Business Management Students
Best Practices in Negotiation for Business Management StudentsBest Practices in Negotiation for Business Management Students
Best Practices in Negotiation for Business Management Students
 
Transforming the Future of Limo Services.pptx
Transforming the Future of Limo Services.pptxTransforming the Future of Limo Services.pptx
Transforming the Future of Limo Services.pptx
 
Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...
Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...
Travel Tech Pitch Deck | ByeByeCity,com - Short Breaks Discovery & Booking Pl...
 
BBA Final SML 501 INTERNATIONAL BUSINESS .pdf
BBA Final SML 501 INTERNATIONAL BUSINESS .pdfBBA Final SML 501 INTERNATIONAL BUSINESS .pdf
BBA Final SML 501 INTERNATIONAL BUSINESS .pdf
 
Importance of Quality Transformations in VUCA World
Importance of Quality Transformations in VUCA WorldImportance of Quality Transformations in VUCA World
Importance of Quality Transformations in VUCA World
 
1234567891011121314151617181920212223242
12345678910111213141516171819202122232421234567891011121314151617181920212223242
1234567891011121314151617181920212223242
 
Top Digital Marketing Strategy in 2024.pdf
Top Digital Marketing Strategy in 2024.pdfTop Digital Marketing Strategy in 2024.pdf
Top Digital Marketing Strategy in 2024.pdf
 
TALENT ACQUISITION AND MANAGEMENT LECTURE 2
TALENT ACQUISITION AND MANAGEMENT LECTURE 2TALENT ACQUISITION AND MANAGEMENT LECTURE 2
TALENT ACQUISITION AND MANAGEMENT LECTURE 2
 
The-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptx
The-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptxThe-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptx
The-Three-Pillars-of-Doctoral-Research-What-Why-and-How (1).pptx
 

The industrial disputes act, 1947..

  • 2. APPLICABILITY OF THE ACTThe act came in to force on the 1st day of April 1947The act extends to the whole of India. SECTIONS & SCHEDULES
  • 4. 5 schedulesIMPORTANT DEFINITIONAppropriate Government [Sec.2(a)]Industry [Sec.2(j)]Industrial Dispute [Sec.2(k)]Wages [Sec.2(rr)]Workman [Sec.2(s)]
  • 5. STRIKESec. 2(q) defines a strike as follows:The cessation of work by a body of persons employed in any industry acting in combination ; orA 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 accept employment.
  • 7. the closing of a place of employment; or
  • 9. the refusal by an employer to continue to employ any number of persons employed by him.
  • 10. It means the closure of the place of business and not closure of business itself.PROHIBITION OF STRIKES & LOCKOUTSNo person in a public utility service shall go on strike in breach of contract or lock-out any of his workmen[Sec.22(1)(2)] :- Without giving the notice and after 6 weeks of noticeWithin 14days of giving such noticeBefore the date specified in such noticeConciliation going on before a Board of Conciliation & 7 days thereafter.
  • 11. (Cont……)The notice shall not be necessary where there is already in existence a strike or lock-out in the public utility service.The notice shall be given in such manner as may be prescribed.The employer shall report to the appropriate govt. or any legal authority regarding the no. of notices that he received or gave within 5 days
  • 12. (Cont….)No workman or employer shall go on strike or declare a lockout [Sec.23] :During adjudication before a Board and 7days thereafter.During adjudication before a labour Court, Tribunal & National Tribunal and 2 months thereafter.During arbitration before an Arbitrator & 2 months thereafter.A settlement or an award is in operation
  • 13. ILLEGAL STRIKES/LOCKOUTSIn public Utility Services [Sec.22(1)&(2),23,30,19]Without giving 14 days noticeCommenced after 42 days of noticePrior to the date indicated in the notice.During the pendency of proceedingsDuring the period when a settlement or award is in operation on same matters.
  • 14. (Cont……)In non public utility services [Sec.23,20,19]In breach of contractDuring the pendency of proceedingsDuring the settlement or award is in operationIN BOTH THE STRIKE/LOCKOUT WILL BE ILLIGAL IF CONTINUED AFTER GOVT. BANNING. [Sec.10(4A),24]PENALTYPenalty for illegal strikes (Sec 26):Imprisonment for a term which may extend to 1 month, or with fine which may extend to Rs. 50, or with both.Penalty for instigation of illegal strikes (sec. 27):Imprisonment for a term up to 6 moths., or a fine up to Rs. 1000, or with both.Penalty for giving financial aid to illegal strikes (sec. 28):Imprisonment for a term up to 6 moths., or a fine up to Rs. 1000, or with both. Penalty for illegal lock-outs
  • 15. Imprisonment for a term extending to 1 month or with fine up to Rs. 1000 or with both.LAY-OFFDefinition [Sec.2 (kkk)] “Lay-off” means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched
  • 16. LAY OFF COMPENSATION50% of basic + dearness allowance. [Sec. 25C]
  • 17. In case, permission is not obtain/refused, full wages. [Sec. 25M(8)]
  • 18. If the employee refuse to accept alternative employment under the same employer within a radius of 5 miles, the worker is not eligible for any compensation. [Sec. 25E(1)]
  • 19. If not reported for attendance, no compensation. [Sec. 25E(2)]
  • 20. If layoff is due to strike or go slow by another section of the unit, no compensation. [Sec. 25E(3)]PROCEDURE TO APPLY FOR LAYOFF PERMISSIONEstablishments covered under shall make application to appropriate Govt. in Form 03 [Sec. 25M]Govt. may grant/refuse permission within 60 days. If no reply is received within 60 days permission can be assumed. [Sec. 25M(5)]
  • 22. Sec. 2 (oo) defines Retrenchment as the termination by the employer of the service of the workman for any reason whatsoever, otherwise than a punishment inflicted by way of disciplinary action.
  • 23. Retrenchment does not include voluntary retirement superannuation or termination of employment on grounds of ill health.CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMENNo workmen [Chapter VA]who has been employed for not less then 1 year can be retrenched until [Sec.25F]:
  • 24. 1 month notice in written & reason for retrenchment.
  • 25. 15 days average pay for every completed year of service.
  • 26. Notice served to the appropriate government.(Contd….)No workmen [Chapter VB]who has been employed for not less then 1 year can be retrenched until [Sec.25F]:
  • 27. Has been given 3 months notice in written, indicating the reasons for retrenchment.
  • 28. Compensation shall be equivalent to 15 days average pay for every completed years of continuous service or any part thereof in excess of 6 months(Contd….)Notice shall be given to appropriate government or such authority & the permission of such government or authority is obtained.
  • 29. Government or authority after making inquiry may grant or refuse the permission to the employer within 3 months of the date of service of the notice.
  • 30. if it does not communicate within 3 months of such notice then the retrenchment is legal.
  • 31. if it does refuse the permission then the retrenchment is illegal.PENALTY FOR LAY-OFF & RETRENCHMENT Any employer who contravenes the provisions of lay-off / retrenchment is punishable with imprisonment for a term which may extend to one month, or with fine which may extend to Rs.1000/- or both.
  • 32. CLOSURE “Closure" means the permanent closing down of a place of employment or part of establishment [Sec. 2(cc)] ProhibitionsNo permission is required, in smaller establishments [Sec. 25(k)]
  • 33. (Contd….)Where permission is required, application should be submitted (in the case of factories, mines and plantations) to the Govt. with copy to the union at least 90 days in advance. [Sec. 25O(1)]If no reply is received within 60 days permission can be assumed [Sec.25O(3)]
  • 34. PENALTYIn case of not taking the prior permission or informing representative of workmen, imprisonment for a term which may extend to 6 month, or with fine which may extend to Rs. 5000, or with both.
  • 35. In case of contravene of order, imprisonment for a term which may extend to 1 year, or with fine which may extend to Rs. 5000, or with both.UNFAIR LABOUR PRACTICESON THE PART OF EMPLOYERS
  • 36. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organize, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection.
  • 37. To dominate, interfere with or contribute support, financial or otherwise, to any trade union.
  • 38. To establish employer sponsored trade unions of workmen.(Contd….)To encourage or discourage membership in any trade union by discriminating against any workman.
  • 39. To discharge or dismiss workmen.
  • 40. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike.
  • 41. To transfer a workman mala fide from one place to another, under the guise of following management policy.
  • 42. To insist upon individual workmen, who are on a legal strike to sign a good conduct bond, as a precondition to allowing them to resume work.(Contd….)To show favoritism or partiality to one set of workers regardless of merit.To employ workmen as "badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen.To discharge or discriminate against any workman for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute.
  • 43. (Contd….)To recruit workman during a strike which is not an illegal strike.Failure to implement award, settlement or agreement.To indulge in acts of force or violence.To refuse to bargain collectively, in good faith with the recognized trade unions.Proposing or continuing a lock-out deemed to be illegal under this Act.
  • 44. (Contd….)ON THE PART OF WORKMENTo advise or actively support or instigate any strike deemed to be illegal under this Act.To coerce workmen in the exercise of their right to self-organization or to join a trade union or refrain from, joining any trade union.For a recognized union to refuse to bargain collectively in good faith with the employer.
  • 45. (Contd….)To indulge in coercive activities against certification of a bargaining representative.To stage, encourage or instigate such forms of coercive actions as willful, "go-slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff.To stage demonstrations at the residence of the employers or the managerial staff members.
  • 46. To incite or indulge in willful damage to employer’s property connected with the industry.To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work.(Contd….)
  • 47. AUTHORITIES UNDER THIS ACTWorks committeeConciliation officersBoard of conciliationCourts of inquiryLabour courtsTribunalsNational tribunals
  • 48. WORKS COMMITTEEWhere? : establishments with 100 or more workers [Sec.3(1) &(2)]Members : Equal number of representatives of the Employer and Employees [Sec.3(1) & Rule 40]Objective : promotion of good relationship between employer and employee(s)
  • 49. CONCILIATION OFFICERSAppointed by appropriate Government
  • 50. Nature : appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.
  • 52. When a strike/lockout notice is issued in a public utility service, he is bound to convene immediate conciliation meeting. [Sec.12(1) and Rule 9(1)](Contd….)If he succeeds in bringing out an understanding he gets the parties to sign a settlement in Form H (Rule 58(1)] and make necessary entries in the register in Form O and sent a copy to the Govt. [Sec.12(3) and Rules 58(1)(3) & 75]
  • 53. If he fails to brings about a settlement, he has to bring the fact to the attention of the Govt. [Sec.12(4)]Powers of conciliation officer: Enter and inspect [Sec 11(1)]Summon any person as witness or compel the production of document [Sec.11(4) and Rule 17]Grant/refuse to petition filed by employer on disciplinary matters during pendency of conciliation before him.
  • 54. BOARDS OF CONCILIATIONAppointed by the appropriate Govt. as occasion arises for settlement of disputes.Board shall consist of an independent chairman and two or four members in equal numbers to represent the parties to the dispute.The board can't work in the absence of the Chairmen or any member.
  • 55. COURTS OF INQUIRYAppointed by the appropriate Govt. as occasion arises for settlement of disputes.Board shall consist of an independent person or independent persons as the appropriate government may think fit. Where a court consists of two or more members, one of them shall be appointed as the Chairman.The board can't work in the absence of the Chairmen or any member.
  • 56. LABOUR COURT Constituted by the appropriate government 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.Consist of one person only with the required qualification to be appointed by the appropriate government
  • 57. THE SECOND SCHEDULE : Matters with in the Jurisdiction of labour Courts (Section 7)The propriety or legality of an order passed by an employer under the standing ordersThe application and interpretation of standing ordersDischarge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissedWithdrawal of any customary concession or privilegeIllegality or otherwise of a strike or lock-out; andAll matters other than those specified in the Third Schedule.
  • 58. TRIBUNALSConstituted by the appropriate government for the adjudication of industrial disputes relating to any matter specified in the Second Schedule or third schedule and for performing such other functions as may be assigned to them under this Act.
  • 59. Consist of one person with the required qualification to be appointed by the appropriate government. If required, Govt. may appoint 2 persons as assessors to advice in Tribunal.THE THIRD SCHEDULE : Matters with in The Jurisdiction of Industrial Tribunals (Section 7A)Wages, including the period and mode of paymentCompensatory and other allowancesHours of work and rest intervalsLeave with wages and holidaysBonus, profit sharing, provident fund and gratuity
  • 60. (Contd….)Shift working otherwise than in accordance with standing ordersClassification by gradesRules of disciplineRationalizationRetrenchment of workmen and closure of establishmentAny other matter that may be prescribed.
  • 61. NATIONAL TRIBUNALConstitute by the Central Govt. for the adjudication of industrial disputes which 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.
  • 62. Consist of one person with the required qualification to be appointed by the appropriate government. If required, Govt. may appoint 2 persons as assessors to advice in Tribunal.ARBITRATIONWhen conciliation fails, and if the parties wish to refer the issue for arbitration, both the sides shall sign an arbitration agreement in Form C under Rule 7 and send it to Govt. The Govt. will then appoint an arbitrator [Sec.10(2), 10A]Arbitration award is implemented like an adjudication award.
  • 63. DUTIES OF ADJUDICATION MACHINERYTo complete the adjudication proceedings and submit the report within the time [Sec.15, 10(2)(a)]To restrict the scope of their judgment to the point referred to them [Sec.10(4)]
  • 64. POWER OF ADJUDICATORSThey can enter any establishment for fact finding [Sec.11(2) and Rule 23]Can enforce attendance of any person and production of documents [sec.11(3), rules 10A &10B]Empowers to administer oath and issue summons to parties and witnesses [Rule 16,17,18]
  • 65. (Contd……)Can appoint assessors to assistance [Sec.11(5), Rule 25]
  • 66. Can pass orders awarding cost to the aggrieved party [sec.11(7)]
  • 67. Review punishment and can reduce/substitute punishments [Sec. 11 (A)]
  • 68. Can pass orders on money claim petitions filled by workmen against employers [Sec. 33(C)(2)]
  • 69. Take decision on petitions filed under Sec.33.PENDENCY OF ADJUDICATION [Sec.20(2)(c),20(3) and 17]Adjudication proceeding are deemed to commence on the date when the Govt. refers the dispute to the authorities under Sec. 10 or 10(A)Adjudication proceeding are deemed to have concluded on the date on which their awards become enforceable.
  • 70. REPRESENTATION OF PARTIESAdvocates are prohibited from appearance. [Sec.36(3)]However advocates can be permitted on mutual consent. [Sec.36(4)]A co-worker, any union official can represent a workman [Sec.36(1)(a),(b),(c)]Officer of an association of Employers. [Sec.36(2)(a),(b),(c)]
  • 71. BIBLIOGRAPHYIndian Business Enviornment -T.R.Jain, MukeshTrehan & RanjuTrehanwww.advocatekhoj.comwww.vakilno1.com