Industrial Disputes Act, 1947

Courtesy: Mr. Popen

IMPORTANT DEFINITIONS
CERTAIN IMPORTANT TERMS UNDER THE INDUSTRIAL DISPUTES ACT AND THEIR SIGNIFICANCE. a) APPROPRIATE GOVERNMENT [Sn.2(a)]

UNDER THE ID ACT SOME INDUSTRIES FALL UNDER THE CENTRAL LABOUR MACHINERY AND SOME OTHERS FALL UNDER THE STATE LABOUR MACHINERY. SN 2(a) HELPS US TO DETERMINE UNDER WHOSE JURISDICTION A PARTICULAR INDUSTRY FALLS AND WHETHER THE STATE/CENTRAL RULES WILL APPLY. b) INDUSTRY [Sn.2(j)]

THE ID ACT IS NOT APPLICABLE TO ALL KINDS OF ESTABLISHMENTS. IT IS APPLICABLE ONLY TO ESTABLISHMENTS SATISFYING THE DEFINITION OF THE TERM 'INDUSTRY' (AS DECIDED IN SEVERAL JUDICIAL PRONOUNCEMENTS). THE 1984 AMENDED DEFINITION NOW APPEARING IN Sn.2(j) IS YET TO BE BROUGHT INTO FORCE AND THE OLD DEFINITION IS STILL IN VOGUE.

c)

WORKMAN [(Sn.2(s)]

ALL EMPLOYEES IN AN ESTABLISHMENT ARE NOT 'WORKMEN' UNDER THE ID ACT. ONLY EMPLOYEES DOING ANY MANUAL, UNSKILLED, SKILLED, TECHNICAL, OPERATIONAL, CLERICAL (IRRESPECTIVE OF WHETHER THEIR WAGES IS ABOVE Rs.6500/- PER MONTH OR NOT) AND SUCH OF THE SUPERVISORS DRAWING WAGES BELOW Rs.6500/- PM (SEE DEFINITION OF WAGES IN Sn.2(rr). IT ALSO INCLUDES DISMISSED WORKMEN FALLING UNDER THE ABOVE CATEGORIES. HOWEVER MANAGERIAL STAFF ARE TOTALLY EXCLUDED IRRESPECTIVE OF THEIR SALARY. [THE TEST OF DETERMINING WHO IS A 'WORKMAN' WAS PRONOUNCED IN A SUPREME COURT JUDGEMENT IN SANDOZ LTD CASE REPORTED IN 1994 II LLN 1017) d) WAGES [Sn.2(rr)]

WAGES WILL INCLUDE BASIC, DA, VALUE OF HOUSE ACCOMMODATION, OTHER AMENITIES, TRAVELLING CONCESSION, COMMISSION PAYABLE AND OTHER REMUNERATION PAYABLE UNDER THE CONTRACT, BUT EXCLUDES THE FOLLOWING : ANY BONUS AND RETIREMENT BENEFITS LIKE EPF/GRATUITY

II WHAT AMOUNTS TO INDUSTRIAL DISPUTE

EXTENT AND SCOPE OF THE TERM 'INDUSTRIAL DISPUTE' UNDER THE INDUSTRIAL DISPUTES ACT 1947. PROVISIONS SECTIONS 2(k),2(ka),2(j),2(s),2(A),2(rr). a) WHAT ARE THE INGREDIENTS OF AN INDUSTRIAL DISPUTE [Sn.2(k)] ? i) DISPUTE MUST BE IN AN ESTABLISHMENT SATISFYING THE DEFINITION OF 'INDUSTRY' IN SECTIONS 2(ka) & 2 (j). (NOTE : THE NEW DEFINITION OF 2(j) HAS NOT BEEN BROUGHT INTO FORCE YET). ii) DISPUTE MUST BE BETWEEN : EMPLOYER Vs EMPLOYER EMPLOYER Vs WORKMEN WORKMEN Vs WORKMEN

iii) -

THE SUBJECT MATTER OF THE DISPUTE MUST BE : CONNECTED WITH EMPLOYMENT OR NON-EMPLOYMENT CONNECTED WITH TERMS OF EMPLOYMENT CONNECTED WITH CONDITIONS OF LABOUR

iv

OF 'ANY PERSON' - PROVIDED THAT PERSON HAS A NEXUS WITH THE INDUSTRY
DISPUTE MUST BE RAISED BY WORKMEN : BY UNION, OR A GROUP OF WORKMEN. CAN ALL EMPLOYEES IN AN INDUSTRY RAISE AN INDUSTRIAL DISPUTE [Sn.2(s),2(k)]? ANSWER IS NO. INDUSTRIAL DISPUTE CAN BE RAISED ONLY BY EMPLOYEES SATISFYING THE DEFINITION OF 'WORKMAN' IN SECTION 2(s). THOSE NOT SATISFYING THE DEFINITION OF WORKMAN CANNOT RAISE A DISPUTE UNDER ID ACT.

b)

CAN ONLY A MAJORITY OF WORKMEN IN AN INDUSTRY RAISE A DISPUTE ? IT IS NOT NECESSARY THAT A MAJORITY OF WORKMEN SHOULD SUPPORT THE RAISING OF THE DISPUTE. IT IS ENOUGH IF A SUBSTANTIAL NUMBER BACK THE RAISING OF THE DISPUTE. WHILE A UNION CAN RAISE A DISPUTE, IT IS NOT NECESSARY THAT ONLY A UNION CAN RAISE A DISPUTE. A SINGLE WORKMAN CANNOT NORMALLY RAISE DISPUTE. WHEN CAN AN INDIVIDUAL WORKMEN RAISE A DISPUTE (i.e.EVEN WITHOUT THE SUPPORT OF OTHER WORKMEN) ? NORMALLY ONLY COLLECTIVE DISPUTES (DISPUTES RAISED BY A GROUP OF WORKMEN CAN BE TAKEN UP AS INDUSTRIAL DISPUTES). AN INDIVIDUAL WORKMAN CAN RAISE A DISPUTE IF IT FALLS UNDER THE EXCEPTIONAL CASES LISTED IN SECTION 2 A: CASES OF DISMISSAL / DISCHARGE / RETRENCHMENT / TERMINATION ONLY. FOR NON-TERMINATION ISSUES (LIKE PROMOTION / TRANSFER / PUNISHMENTS NOT AMOUNTING TO TERMINATION) INDIVIDUAL WORKMAN CANNOT RAISE A DISPUTE IF THERE ARE NO OTHER WORKMEN SUPPORTING HIS CASE.

f)

CAN WORKMEN RAISE AN INDUSTRIAL DISPUTE PERTAINING TO NON-WORKMEN ?

ANSWER IS 'YES' - THEY CAN AS PER SECTION 2(k) RAISE AN INDUSTRIAL DISPUTE REGARDING 'ANY PERSON' IF IT CAN BE SHOWN THAT 'THAT PERSON' HAS A NEXUS WITH THEIR INDUSTRY (THEY COULD THEREFORE RAISE DISPUTES DEMANDING BENEFITS OR REINSTATEMENT OF DISMISSED SUPERVISORS).

g)

HOW CAN AN INDIVIDUAL WORKMAN REDRESS HIS DISPUTE ?

HE SHOULD GET OTHER WORKMEN / UNION TO SPONSOR IT TO MAKE IT AN INDUSTRIAL DISPUTE UNDER Sn.2(k). IF IT IS A TERMINATION CASE HE CAN RAISE IT HIMSELF UNDER Sn.2(A).

III
a)

FUNCTIONING OF DISPUTE SETTLING MACHINERIES

ALL ABOUT CONCILIATION

i)

WHAT TYPE OF CONCILIATION MACHINERY EXIST UNDER THE ID ACT ?

CONCILIATION BY AN OFFICER [Sn.4 & 2(d)] AND A BOARD (AN AD-HOC BOARD CONSISTING OF AN INDEPENDENT CHAIRMAN AND EQUAL NUMBER OF WORKMEN AND EMPLOYER REPRESENTATIVES) [Sn.5 & 2(e)]. [THIS IS NOT A PERMANENT BODY, SET UP ONLY FOR A PARTICULAR DISPUTE AND THE BOARD WILL STAND DISSOLVED WHEN THE ISSUE IS SETTLED].

ii)

WHAT ARE THE DUTIES OF A CONCILIATION OFFICER ?

AS PER Sn.12 (1) AND RULE 9(1) WHEN A STRIKE / LOCKOUT NOTICE IS ISSUED UNDER RULE 71/72 IN A PUBLIC UTILITY SERVICE, HE IS BOUND TO IMMEDIATELY CONVENE A CONCILIATION MEETING.

AS PER Sn.12(1) AND RULES 9(2) & 10, IN NON PUBLIC UTILITY SERVICE OR IN NON-STRIKE DISPUTES IN PUBLIC UTILITY SERVICE HE IS NOT BOUND, BUT MAY HOLD CONCILIATION MEETINGS. HE WILL HOWEVER HOLD ORDINARY JOINT MEETINGS WHICH WOULD NOT BE COUNTED AS CONCILIATION MEETINGS. HE WILL TRY TO PERSUADE THE PARTIES TO RESOLVE THE DISPUTES AS PER RULES 10A, 11, 12 AND 13.

IF HE SUCCEEDS IN BRINGING ABOUT AN UNDERSTANDING, HE GETS THE PARTIES TO SIGN A SETTLEMENT IN FORM-H AS PER Sn.12(3), 18(3) AND RULE-58. AS PER RULE 75, HE HAS TO MAINTAIN A REGISTER IN FORM-O, GIVING THE DETAILS OF THE SETTLEMENTS SIGNED BY HIM. IF HE FAILS TO BRING ABOUT A SETTLEMENT, AS PER Sn.12(4) HE HAS TO INFORM THE GOVERNMENT AND THIS IS CALLED A FAILURE REPORT. BEFORE SENDING THE FAILURE REPORT HE SHOULD ASK THE DISPUTING PARTIES WHETHER THEY WOULD LIKE THE DISPUTE TO BE SENT FOR ARBITRATION. AS PER SN.12(6) HE IS EXPECTED TO CLOSE THE CONCILIATION PROCEEDINGS WITHIN 14 DAYS BUT WITH THE CONSENT OF THE PARTIES HE CAN KEEP THE CONCILIATION PROCESS GOING FOR A LONGER DURATION. WHEN NOTICE OF CHANGE IS ISSUED UNDER Sn.9A HE IS OBLIGED TO HOLD MEETINGS TO RESOLVE THE DISPUTE. WHEN APPROVAL/PERMISSION APPLICATIONS ARE FILED UNDER Sn.33/33A HE IS REQUIRED TO PASS APPROPRIATE ORDERS.

NOTE : UNLIKE IN ARBITRATION/ADJUDICATION PROCEEDINGS, A CONCILIATION OFFICER HAS NO POWER TO ENFORCE HIS DECISION ON THE PARTIES. HE CAN ONLY TRY TO PERSUADE THE PARTIES TO ACCEPT HIS SUGGESTION.

b) i)

ALL ABOUT ADJUDICATION WHAT IS MEANT BY ADJUDICATION ? ADJUDICATION IS A JUDICIAL (DECISION MAKING) PROCESS FOR SETTLEMENT OF INDUSTRIAL DISPUTES [Sn.2(aa)].

ii)

WHAT ARE THE ADJUDICATING BODIES UNDER THE ID ACT ?

LABOUR COURTS [Sn.2(kkb), 7, Sch.II]

TRIBUNALS
NATIONAL TRIBUNALS

[Sn.2(r), 7A, Sch.III]

[Sn.2(11), 7B, Sch.III]

c) i)

ALL ABOUT ARBITRATION WHAT IS MEANT BY ARBITRATION ? IT IS A DISPUTE RESOLVING PROCESS THROUGH AN UMPIRE SELECTED BY THE DISPUTING PARTIES.

ii)

HOW DOES ARBITRATION DIFFER FROM ADJUDICATION AND CONCILIATION ?

WHILE THE PRESIDING OFFICERS OF CONCILIATION AND ADJUDICATION PROCEEDINGS ARE FULL TIME OFFICERS APPOINTED BY GOVERNMENT, ARBITRATORS ARE ADHOC UMPIRES APPOINTED BY THE DISPUTANTS. WHILE THE CONCILIATION OFFICER HAS NO POWER TO IMPOSE HIS DECISION ON THE PARTIES, AN ARBITRATOR HAS AUTHORITY TO GIVE AN ORDER WHICH CANNOT BE CHALLENGED BY THE PARTIES. ADJUDICATORS GET THEIR POWER FROM STATUTE, ARBITRATORS ACQUIRE THEIR POWR FROM THE CONSENT OF THE PARTIES.

iii)

TYPES OF ARBITRATION

ID ACT CONTEMPLATES TWO TYPES OF ARBITRATION, ONE UNDER SECTION 10(2) TO A LABOUR COURT / TRIBUNAL AND THE SECOND TYPE UNDER 10A TO ANY OTHER ARBITRATOR INCLUDING TO LABOUR COURTS OR TRIBUNALS. iv) HOW IS ARBITRATION PROCESS INITIATED [Sn.10(2)+10A] ?

WHEN CONCILIATION FAILS, BEFORE SENDING THE FAILURE REPORT, THE CONCILIATION OFFICER ASKS THE PARTIES IF THEY WISH TO SEND THE DISPUTE FOR ARBITRATION. IF PARTIES DESIRE SO, THEY MUST SIGN AN ARBITRATION AGREEMENT IN FORM-C UNDER RULE 7 AND SEND IT TO THE GOVERNMENT. GOVERNMENT WILL THEN NOTIFY HIM AS AN ARBITRATOR v) AWARDS OF ARBITRATORS

ARBITRATORS HEAR THE PLEADINGS OF BOTH PARTIES AND SUBMIT THEIR ORDERS TO THE GOVERNMENT WHO PROCESSES IT LIKE AN ADJUDICATION AWARD AND IT IS IMPLEMENTED LIKE AN ADJUDICATION AWARD.

V
a)

LEGALITY AND ILLEGALITIES

PROVISIONS ON 'STRIKE & LOCKOUT' PROVISIONS SECTIONS 2(q), 2(l), 2(n), 22, 23, 24, 25, 26, 27,28 RULES 71, 72, 73, 74 FORMS L, M, N AND SCHEDULE I

i)

INGREDIENTS OF STRIKE & LOCKOUTS STRIKE [2(q)] BY WORKMEN REFUSAL TO WORK OR ACCEPT EMPLOYMENT BY A BODY OF PERSONS IN 'INDUSTRY' [2(j)] IF UNDER A COMMON UNDERSTANDING OR ACTING IN CONCERT LOCKOUT [2(l)] BY EMPLOYER TEMPORARY CLOSING OF PLACE OF EMPLOYMENT, OR REFUSAL TO CONTINUE TO EMPLOY PERSONS EMPLOYED BY AN EMPLOYER

ii)

IS NOTICE OF STRIKE/LOCKOUT MANDATORY MANDATORY [2(n), SCH-I, 22(1), 22(2), 23(1)]:

IF INDUSTRY FALLS UNDER DEFINITION OF 'PUBLIC UTILITY SERVICE' AS PER SECTION 2(n), SCH-I OR IF THE TERMS OF EMPLOYMENT (APPOINTMENT LETTER) OR STANDING ORDER REQUIRES GIVING OF NOTICE. NON MANDATORY [22(3), 23(1)] : IN NON-PUBLIC UTILITY SERVICE, UNLESS STANDING ORDERS OR APPOINTMENT ORDERS STIPULATES GIVING OF NOTICE, OR IT IS IN RETALIATION FOR A STRIKE OR LOCKOUT.

iii) WHEN WOULD STRIKES OR LOCKOUTS BE ILLEGAL IN 'PUBLIC UTILITY SERVICE' [22(1)& (2), 23, 30, 19] WHEN STRIKE/LOCKOUT IS COMMENCED :

a) b) c) d)
e) f)

WITHOUT GIVING ATLEAST 14 DAYS NOTICE COMMENCED AFTER 42 DAYS OF NOTICE PRIOR TO DATE INDICATED IN THE NOTICE DURING PENDENCY OF PROCEEDINGS BEFORE CONCILIATION OFFICER/BOARD AND SEVEN DAYS THEREAFTER DURING PENDENCY OF PROCEEDINGS BEFORE LABOUR COURT/TRIBUNAL/ARBITRATORS AND TWO MONTHS THEREAFTER DURING THE PERIOD WHEN A SETTLEMENT OR AWARD IS IN OPERATION ON MATTERS COVERED

IN NON-PUBLIC UTILITY SERVICE [23, 20, 19] WHEN STRIKE/LOCKOUT IS COMMENCED :

a) b) c) d)

IN BREACH OF CONTRACT DURING PENDENCY OF CONCILIATION BEFORE A BOARD AND SEVEN DAYS THEREAFTER DURING PENDENCY OF CONCILIATION BEFORE LABOUR COURT/TRIBUNAL./ARBITRATOR AND TWO MONTHS THEREAFTER DURING THE PERIOD ON MATTERS COVERED WHEN A SETTLEMENT OR AWARD IS IN OPERATION.

NOTE : A STRIKE/LOCK OUT LEGALLY COMMENCED WOULD BECOME ILLEGAL IF CONTINUED AFTER GOVERNMENT BANS IT UNDER SECTION 10(4A) AND 24

iv) MANNER OF GIVING STRIKE/LOCKOUT NOTICE STRIKE [22(4)]

NOTICE SHALL BE GIVEN IN FORM-L. AS PRESCRIBED UNDER RULE 71 OF CENTRAL RULE OR CORRESPONDING STATE RULE
LOCKOUT [22(5)]. NOTICE SHALL BE GIVEN IN FORM-M AS PRESCRIBED UNDER RULE 72 OF CENTRAL RULE OR CORRESPONDING STATE RULE.

b)
i)

PROVISIONS IN LAYOFF
WHAT SECTIONS AND CHAPTERS OF ID ACT REGULATE LAY OFF ? SECTIONS 2(kkk), 25A, 25B, 25C, 25D, 25E OF CHAPTER VA AND SECTIONS 25K, 25L, 25M, 25Q, AND 25S OF CHAPTER VB. WHAT IS LAY OFF' ? AS PER SECTION 2(kkk) LAY OFF IS THE INABILITY / FAILURE / REFUSAL OF THE EMPLOYER TO GIVE EMPLOYMENT TO WORKMEN ON HIS MUSTER ROLLS (EXCLUDES BADLIS AND CASUALS) ON ACCOUNT OF :

ii)

SHORTAGE OF COAL / POWER / RAW MATERIALS ACCUMULATION OF STOCKS BREAKDOWN OF MACHINERY NATURAL CALAMITY (LIKE FLOODS / EARTHQUAKE / FIRE / LIGHTNING, ETC) OR ANY OTHER CONNECTED REASON

C PROVISIONS ON 'RETRENCHMENT'
i) WHAT AMOUNTS TO RETRENCHMENT [DEFINITION SECTION 2(00)] ? AS PER SECTION 2(00) ALL TYPES OF TERMINATION OF A WORKMAN BY AN EMPLOYER WOULD BE RETRENCHMENT, UNLESS IT IS A TERMINATION BY WAY OF DISCIPLINARY ACTION OR IT FALLS UNDER ANY ONE OF THE FOLLOWING FOUR EXCEPTIONS :

1) VOLUNTARY RETIREMENT
2) RETIREMENT ON REACHING THE AGE OF SUPERANNUATION (IF THERE IS A STIPULATION IN THE CONTRACT OF EMPLOYMENT) 3) TERMINATION RESULTING OUT OF NON-RENEWAL OF A FIXED TERM CONTRACT EMPLOYMENT.

4) TERMINATION ON ACCOUNT OF CONTINUED ILL-HEALTH.

ii)

IS PRIOR PERMISSION REQUIRED FROM THE APPROPRIATE GOVERNMENT FOR RESORTING TO RETRENCHMENT ?

NO PERMISSION REQUIRED IF ESTABLISHMENT EMPLOYED LESS THAN 100 WORKMEN (AVERAGE FOR THE PREVIOUS 12 MONTHS) -Sn.25K. MAKING OF APPLICATION AND OBTAINING PRIOR PERMISSION FROM APPROPRIATE GOVERNMENT (OR NOTIFIED AUTHORITY) IS REQUIRED IN ESTABLISHMENTS (LIKE 'FACTORIES', 'MINES' AND 'PLANTATIONS' ONLY) WHICH EMPLOYED MORE THAN 100 WORKMEN (AVERAGE FOR PREVIOUS 12 MONTHS) Sn.25N(1)(b), 25L(a), 25L(b), AND 2(a)]. SUCH APPLICATION FOR PRIOR PERMISSION SHOULD BE MADE IN ADVANCE AND IF NOT TURNED DOWN, AFTER 60 DAYS IT CAN BE PRESUMED THAT PERMISSION IS GIVEN - Sn.25N(4). NOTE 1) WHILE GIVING OF NOTICE AND PAYMENT OF COMPENSATION TO WORKMEN IS APPLICABLE TO ALL TYPES OF INDUSTRIAL ESTABLISHMENTS, THE REQUIREMENT OF APPLYING AND OBTAINING PRIOR GOVERNMENT PERMISSION IS APPLICABLE ONLY TO THREE CATEGORIES OF INDUSTRIAL ESTABLISHMENTS, VIZ FACTORIES, MINES AND PLANTATIONS [25L(a)]. PUBLIC SECTOR UNDERTAKINGS IN WHICH CENTRAL GOVERNMENT HAS AT LEAST 51% SHARE CAPITAL SHOULD APPLY AND OBTAIN PERMISSION FROM THE CENTRAL GOVERNMENT AND NOT THE STATE GOVERNMENT EVEN IF THE APPROPRIATE GOVERNMENT FOR THEM UNDER SECTION 2(a) IS THE STATE GOVERNMENT [SEE Sn.25L(b)].

2)

iv) NOTICE, IF ANY, REQUIRED TO BE GIVEN TO WORKMEN TO BE RETRENCHED IN SMALLER ESTABLISHMENTS (AVERAGE LESS THAN 100 WORKMEN) MINIMUM ONE MONTHS NOTICE OR ONE MONTHS PAY IN LIEU OF NOTICE MUST BE GIVEN [Sn. 25F(a)] IN LARGER ESTABLISHMENTS( AVERAGE MORE THAN 100 WORKMEN) MINIMUM THREE MONTHS NOTICE OR THREE MONTHS PAY IN LIEU OF NOTICE MUST BE GIVEN [Sn. 25 N(1)(a)]. v) EXTENT OF COMPENSATION PAYABLE TO RETRENCHED WORKMEN ELIGIBLE FOR 15 DAYS AVERAGE PAY FOR EVERY COMPLETED YEAR OF CONTIINUOUS SERVICE OR PART IN EXCESS OF SIX MONTHS IF THE WORKMEN SATISFIES THE REQUIREMENT OF ATTENDANCE UNDER Sn. 25B(1) & (2) [Sn.25N(9), 25F(b), AND 25B(1) & (2)]. IF UNDER ANY OTHER LAW OR STANDING ORDERS WORKMEN ARE ELIGIBLE TO A HIGHER QUANTUM OF COMPENSATION, THAT HIGHER QUANTUM WILL PREVAIL [Sn.25J(1)].

NOTE IN ESTABLISHMENTS EMPLOYING LESS THAN 100 WORKMEN (AVERAGE OF THE PREVIOUS 12 MONTHS) IF LAY OFF HAS EXCEEDED 45 DAYS DURING THE IMMEDIATE PRECEDING 12 MONTHS, THE LAY OFF COMPENSATION PAID CAN BE OFFSET FROM THE RETRENCHMENT COMPENSATION PAYABLE TO THE WORKMEN [25C (PROVISO)]. vi) PROCEDURE FOR RESORTING TO RETRENCHMENT

NOTICE MUST BE SENT TO THE APPROPRIATE GOVERNMENT/NOTIFIED AUTHORITY IN FORM P UNDER RULE 76. APPLICATION FOR PERMISSION MUST BE MADE IN FORM PA UNDER RULE 76-A(1) OR FORM PB UNDER RULE 76-A(2) AS THE CASE MAY BE. A CATEGORY WISE WORKMEN SENIORITY LIST MUST BE PREPARED AND IN EACH CATEGORY THE LEAST SENIOR, MUST GO OUT FIRST EXCEPTIONS CAN BE MADE WITH PROPER REASONS RECORDED AND THE SENIORITY LIST SHOLD BE DISPLAYED AS PER RULE 77 [Sn.25G].

iv)

WHAT ARE THE 11 ITEMS LISTED IN SCHEDULE IV FOR WHICH NOTICE OF CHANGE NEEDS TO BE GIVEN ? WAGES, INCLUDING THE PERIOD AND MODE OF PAYMENT; CONTRIBUTION PAID, OR PAYABLE, BY THE EMPLOYER TO ANY PROVIDENT FUND OR PENSION FUND OR FOR THE BENEFIT OF THE WORKMEN UNDER ANY LAW FOR THE TIME BEING IN FORCE; COMPENSATORY AND OTHER ALLOWANCE; STARTING ALTERATION OR DISCONTINUANCE OF SHIFT WORKING OTHERWISE THAN IN ACCORDANCE WITH STANDING ORDERS; CLASSIFICATION BY GRADES; WITHDRAWAL OF ANY CUSTOMARY CONCESSION OR PRIVILEGE OR CHANGE IN USAGE; INTRODUCTION OF NEW RULES OF DISCIPLINE, OR ALTERATION OF EXISTING RULES, EXCEPT IN SO FAR AS THEY ARE PROVIDED IN STANDING ORDERS; RATIONALISATION, STANDARDISATION OR IMPROVEMENT OF PLANT OR TECHNIQUE WHICH IS LIKELY TO LEAD TO RETRENCHMENT OF WORKMEN; ANY INCREASE OR REDUCTION (OTHER THAN CASUAL IN THE NUMBER OF PERSONS EMPLOYED OR TO BE EMPLOYED IN ANY OCCUPATION OR PROCESS OR DEPARTMENT OR SHIFT(NOT OCCASIONAED BY CIRCUMSTANCES OVER WHICH THE EMPLOYER HAS NO CONTROL).

ii)

WHAT ARE THE UNFAIR LABOUR PRACTICES LISTED AGAINST EMPLOYERS ? THE FOLLOWING ARE THE IMPORTANT UNFAIR LABOUR PRACTICES LISTED AGAINST EMPLOYERS :

1)

THREATENING WORKMEN WITH DISCHARGE/DISMISSAL/LOCKOUT FOR PREVENTIONG TRADE UNION FORMATION.

GRANTING WAGE INCREASE AIMED AT PREVENTING TRADE UNION FORMATION FINANCING OR ASSISTING IN FORMATION OF EMPLOYER SPONSORED UNIONS TAMPERING WITH SENIORITY/PROMOTION OF WORKMEN WITH A VIEW TO OBSTRUCT THE GROWTH OF PARTICULAR UNION VICTIMISING WORKMEN FOR TRADE UNION ACTIVITIES

2)

3)

4)

5)

6)

REPLACING REGULAR JOBS WITH CONTRACT WORKMEN WITH A VIEW TO BREAK A STRIKE MALAFIDE TRANSFER OF WORKMEN

7)

8)
9)

FORCING WORKMEN ON A LEGAL STRIKE TO GIVE GOOD CONDUCT BONDS

EXPLOITING WORKERS BY KEEPING THEM AS CASUALS/TEMPORARIES/BADLIS FOR LONG YEARS REFUSE TO IMPLEMENT SETTLEMENTS/AWARDS FAILURE TO IMPLEMENT SETTLEMENTS/AWARDS CONTINUIGN WITH ILLEGAL LOCKOUTS INDULGE IN ACTS OF FORCE/VIOLENCE [Sch.V(1)]

10) 11) 12) 13)

iii) 1) 2) 3) 4) 5) 6) 7)

UNFAIR LABOUR PRACTICES LISTED AGAINST UNIONS/WORKMEN SUPPORTING/INSTIGATING ILLEGAL STRIKES FORCING WORKMEN TO JOIN A UNION PICKETING / OBSTRUCTING / THREATENING NON-STRIKING WORKMEN REFUSING TO PARTICIPATE IN COLLECTIVE BARGAINING INDULGING IN GO-SLOW/SQUATTING DEMONSTRATION AT RESIDENCE OF EMPLOYER WILFUL DAMAGE OF EMPLOYERS PROPERTY [Sch V(II)]

e) i)

PROVISIONS ON 'SETTLEMENT' WHAT IS MEANT BY A SETTLEMENT [Sn.2(p)] ? AN AGREEMENT ARRIVED AT BETWEEN THE EMPLOYER AND WORKMEN.

ii)

TYPES OF SETTLEMENTS [Sn.12(3), 18(1), 18(3]

TRIPARTITE SETTLEMENTS UNDER SECTION 12(3) ARRIVED AT WITH HELP OF CONCILITION OFFICER/BOARD. BIPARTITE SETTLEMENT ARRIVED AT WITHOUT CONCILIATION ASSISTANCE BUT SENT JOINTLY TO CONCILIATION OFFICER FOR REGISTRATION AS A SETTLEMENT UNDER SECTION 18(3). BIPARTITE SETTLEMENTS ARRIVED AT BETWEEN THE PARTIES UNDER SECTION 18(1) WITH NO NOTICE TO OR ASSISTANCE FROM CONCILIATION OFFICER.

iii)

ON WHOM ARE SETTLEMENTS BINDING [Sn.18(1), 18(3)] ? BIPARTITE SETTLEMENTS UNDER 18(1) OR 18(3) ARE BINDING ONLY ON THE PARTIES THAT SIGNED THE SETTLEMENT (IT CANNOT BE ENFORCED ON OTHER UNIONS OR WORKERS WHO ARE NOT PARTIES TO THE SETTLEMENT).

A TRIPARTITE SETTLEMENT THROUGH CONCILIATION UNDER 12(3) IS ENFORCEABLE AGAINST : ALL PARTIES TO THE DISPUTES ALL OTHER PARTIES SUMMONED TO THE CONCILIATION PROCEEDINGS IN THE CASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS IN THE CASE OF WORKMENON ALL WORKMEN ON THE ROLLS ON DATE OF SETTLEMENT AND ALL FUTURE EMPLOYEES OF THAT ESTABLISHMENT

iv)

WHEN DOES A SETTLEMENT COME INTO OPERATION [Sn.19(1)] ? FROM THE DATE AGREED TO AND INDICATED IN THE SETTLEMENT. IF DATE IS SILENT, FROM THE DATE OF SIGNING SETTLEMENT.

v)

HOW LONG WILL IT BE BINDING OR PERIOD OF ITS VALIDITY [Sn.19(1)] ? FOR A MINIMUM PERIOD OF SIX MONTHS IF NO PERIOD IS INDICATED, OR FOR THE LONGER PERIOD INDICATED IN THE SETTLEMENT.

vi)

WILL THE OBLIGATIONS ON THE PARTIES CEASE ON THE EXPIRY OF VALIDITY PERIOD [Sn.19(2), 19(6)] ?

OBLGATIONS CONTINUE EVEN BEYOND THE AGREED PERIOD AND WILL CONTINUE TILL PROPER NOTICE OF TERMINATION IS GIVEN UNDER SECTION 19(2) AND TWO MONTHS HAVE EXPIRED AFTER ISSUE OF NOTICE OFTERMINATION. AS PER JUDICIAL DECISIONS THE TERMS OF SETTLEMENT WILL CONTINUE TO BE IN FORCE EVEN AFTER TERMINATION TILL ANOTHER AGREEMENT IS REACHED REPLACING THE CORRESPONDING TERMS IN THE OLD AGREEMENT. vii) WHO IS COMPETENT TO ISSUE NOTICE OF TERMINATION [Sn.19(7)] ?

ONLY A PARTY REPRESENTING THE MAJORITY OF THE PERSONS BOUND BY THE SETTLEMENT CAN ISSUE A VALID NOTICE OF TERMINATION. viii) WHO IS COMPETENT TO SIGN A SETTLEMENT [RULE 58(2)] ? IN CASE OF EMPLOYER, HIMSELF/HIS AUTHORISED AGENT/MANAGER OR PRINCIPAL OFFICER. IN CASE OF WORKMEN BY A TRADE UNION OFFICE BEARER (PRESIDENT/VICE PRESIDENT/ SECRETARY OR GENERAL SECRETARY/JOINT SECRETARY OR ANY OTHER AUTHORISED OFFICE BEARER). IN CASE OF AN INDIVIDUAL DISPUTE UNDER 2(A) BY WORKMAN HIMSELF.

ix.

ROLE OF CONCILIATION OFFICER [Sn. 12(3), Rules 58(1), (3) & 75] TO RECORD THE SETTLEMENT IN FORM H UNDER Rule 58 (1). TO MAINTAIN A REGISTER OF ALL SETTLEMENTS UNDER Rule 75. TO SEND A COPY OF SETTLEMENT TO THE APPROPRIATE GOVERNMENT. WHERE THERE IS MULTIPLICITY OF UNIONS AND INTER UNION RIVALRY, IT IS PRUDENT TO SIGN ONLY TRIPARTITE CONCILIATION SETTLEMENTS UNDER Section 12 (3) RATHER THAN GO IN FOR BIPARTITE AGREEMENTS UNDER Section 18 (3) OR 18 (1). WHILE A TRIPARTITE SETTLEMENT IS ENFORCEABLE AGAINST ALL, A BIPARTITE AGREEMENT BINDS ONLY ON THE PARTIES TO THE SETTLEMENT.

NOTE:

f) PROVISIONS ON AWARDS I. WHAT IS MEANT BY AN AWARD [Sn. 2 (b)]? AN AWARD IS AN INTERIM OR FINAL ORDER PASSED BY THE FOLLOWING DISPUTE SETTLING AUTHORITIES UNDER THE I.D. ACT. - LABOUR COURT UNDER Sn. 7 - INDUSTRIAL TRIBUNAL OR NATIONAL TRIBUNAL UNDER SECTION 7(A) OR 7(B)

IV

ON WHOM ARE AWARDS BINDING [Sn.18(3)] ? AS PER SECTION 18(3) AWARDS ARE BINDING ON THE OLLOWING :

ALL PARTIES TO THE DISPUTE ALL OTHER PARTIES SUMMONED TO APPEAR IN THE PROCEEDINGS INCASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS IN CASE OF WORKMEN,ON ALL WORKMEN ON THE ROLLS ON THE DATE THE DISPUTE AROSE AND ALL FUTURE EMPLOYEES OF THAT ESTABLISHMENT.
V WHEN DOES AN AWARD COME INTO OPERATION OR BECOME ENFORCEABLE ? [Sn.17 (A), 17(1),(2), (3), (4)] IT BECOMES ENFORCEABLE ON THE EXPIRY OF 30 DAYS FROM THE DATE OF ITS PUBLICATION BY THE GOVERNMENT UNDER Sn.17.