Beruflich Dokumente
Kultur Dokumente
ACT,
1947
OBJECT
THE OBJECT OF THE INDUSTRIAL
DISPUTE ACT, 1947 IS TO MAKE
PROVISION FOR THE
INVESTIGATION AND SETTLEMENT
OF INDUSTRIAL DISPUTES AND FOR
CERTAIN OTHER PURPOSES.
THE ACT IS PRIMARILY MEANT FOR
REGULATING THE RELATIONS OF
EMPLOYERS AND WORKMEN, PAST,
PRESENT AND FUTURE.
MAIN FEATURE OS THE ACT
THE ACT EXTENDS TO WHOLE INDIA
INCLUDING STATE OF JAMMU AND
KASHMIR.
IT IS APPLICABLE TO INDUSTRIES AND
CERTAIN CATEGORIES OF INDUSTRIAL
WORKERS.
IT LYS DOWN A COMPREHENSIVE
MACHINERY FOR THE PREVENTION AND
SETTLEMENT OF INDUSTRIAL DISPUTES.
THE MAIN EMPHASIS OF THE ACT IS ON
COMPULSORY ADJUDICATION BESIDES
CONCILIATION AND COMPULSORY
MAIN FEATURE OS THE ACT
AN AWARD SHALL BE BINDING ON BOTH
THE PARTIES TO THE DISPUTES FOR THE
SPECIFIED PERIOD NOT EXCEEDING ONE
YEAR. IT SHALL BE NORMALLY ENFORCED
BY THE GOVERNMENT.
THE RIGHT TO STRIKE BY THE WORKERS
AND LOCK-OUT BY THE EMPLOYERS HAS
BEEN SUBJECTED TI RESTRICTIONS AS
LAID DOWN IN THE ACT AND SUCH RIGHTS
ARE NOT ABSOLUTE RIGHTS.
A MODEL GRIEVANCES REDRESSAL
PROCEDURE HAS BEEN INCORPORATED
IN THE ACT.
DEFINITIONS - APPROPRIATE
GOVERNMENT
THE CENTRAL GOVERNMENT AS WELL AS
STATE GOVERNMENT ARE VESTED WITH
VARIOUS POWERS AND THE DUTIES IN
RELATION TO MATTERS DEALT WITH IN
THIS ACT.
THE CENTRAL GOVERNMENT IS THE
APPROPRIATE GOVERNMENT IN RESPECT
OF INDUSTRIAL DISPUTES ARISING IN THE
FOLLOWING INDUSTRIES:-
The conciliation officer may be appointed for a specified area or for specified industries in a
specified area. However no such provisions exist in the case of the Board.
The conciliation officer holds the conciliation proceedings of his own accord when any industrial
dispute exists or is apprehended, but the machinery of the Board is set in motion when a dispute
is referred to it.
If no settlement is arrived at, the conciliation officer is required to send a report stating the facts
and circumstances, the steps taken and the reasons why no settlement was arrived at. In
addition to his duty of a conciliation officer, the Board has to suggest the remedy for the
determination of the dispute.
The time for the submission of the report to the appropriate government in the case of conciliation
proceedings by the conciliation officer is 14 days while it is two months in the case of the Board.
The members of the Board of Conciliation act in a judicial capacity and enjoy more powers than
conciliation officers.
Adjudication (with the help of Courts)
LABOUR COURTS
Functions: The functions of labour courts are-
to adjudicate the industrial disputes relating to matters specified in the second schedule of the
Act;
to perform such other functions as may be assigned to them under this Act.
LABOUR COURTS
Presiding Officer and his qualifications
(a) he is, or has been a judge of a high court; or
(b) he has for a period of not less than three years, been a district judge or an additional dis .
judge; or
(c) he has held any judicial office in India at least for seven years, or
(d) he has been the presiding officer of a labour court constituted under any Provincial Act State
Act for not less than five years.
Adjudication (with the help of Courts)
Tribunals
Functions: Industrial tribunals are constituted for the adjudication of
industrial disputes relaTED to any matter specified in the second schedule
or the third schedule.
Whereas a labour court can adjudicate an industrial dispute relating to
matters in schedule the industrial tribunal can adjudicate disputes relating
to matter contained in both schedules II III.
Thus there is a concurrent jurisdiction of the labour court and the industrial
tribunal in respect any matter included in the second schedule.
However, the first provision to section 10(1) lays down that where the
dispute relates to a matter specified in the third schedule, and is not likely
to affect mm than one hundred workmen the appropriate government may
make reference to a labour court.
Adjudication (with the help of Courts)
Tribunals
THE THIRD SCHEDULE
Wages including the period and mode of payment ;
Compensatory and other allowances ;
Hours of work and rest intervals ;
Leave with wages and holidays ;
Bonus, profit-sharing, provident fund and gratuity;
Shift working otherwise than in accordance with standing orders;
Classification by grades ;
Rules of discipline;
Rationalization;
Retrenchment of workmen and closure of establishment ;
Any other matter that may be prescribed.
Adjudication (with the help of Courts)
Tribunals
Presiding Officer and his qualifications
He has been a district judge or an additional district judge for a period of not less than three
years.
NATIONAL TRIBUNAL
A national tribunal can be constituted only for the adjudication of industrial disputes involving questions of
national importance or industrial disputes affecting industrial establishments situated in more one State.
The reference to national tribunal can be made only by the central government.
The national tribunal shall consist of one person only to be appointed as its presiding officer of the national
tribunal unless he is or has been a judge of the high court.
The central government may, if it so thinks fit, appoint two persons as assessors to advise the national
tribunal in the proceeding before it.
NOTICES
THE object of section 9-A is to prohibit an employer from making
any change in the conditions of service applicable to his workmen
in respect of any matter specified in the fourth schedule unless he
complied with the following conditions-
A notice in prescribed manner of the nature of the change proposed to be
effected must be given to the workmen likely to be affected by such change;
and
A period of twenty-one days from the date of notice must have expired.
Arbitration (With the help of third
parties)
Voluntary reference of disputes to Arbitration
Section 10-A authorises the employer and his workmen to refer the dispute to
arbitration at time before the dispute has been referred under section 10.
The object of this section is to enable employers and employees to refer their
dispute voluntarily to arbitration.
The essential require before a dispute can be referred to arbitration, are as under :
There should be an existing or apprehend industrial dispute
the names of the person or persons to act as arbitrator or arbitrators must be specified IN the
agreement. Such persons may be presiding officers of labour court, tribunal or national tribunal.
Where the strike is illegal, the workmen cannot claim wages for
the period during which an illegal strike continues. In order to
entitle the workman to wages for the period of strike, the strike
should be legal as well as justified. The use of force of violence
resorted to by the workmen during strike disentitles them to wages
for the strike period (M/S Crompton Greaves Ltd. v. The
Workmen, AIR 1978 Sc. 1489]
ILLEGAL STRIKES AND LOCK-OUTS
Where strike is commenced without giving notice as required
under section 23 or within 7 days of the conclusion of the
conciliation proceedings, the strike must be held illegal
irrespective of whether it was provoked by the employer. In such a
case workmen are not entitled to any pay for the period of the
strike [Maha Laxmi Cotton Mills Ltd. v Maha Laxmi Cotton Mills
Workers Union 4 FIR 248J
Where strike is unjustified and lock-out is justified, the workmen
would not be entitled to any wages at all. Similarly where the strike
is justified and the lock-out is unjustified the workmen would be
entitled to the entire wages for the period of strike or lock-out.
ILLEGAL STRIKES AND LOCK-OUTS
Prohibition of financial aid to illegal strikes and lock-outs
[Section 25]
Section 25 prohibits any person from knowingly expending or
applying any money in direct furtherance or support of any illegal
strike or lock-out.
Penalty for illegal strikes or lock-outs [Section 26]
In such a case the workman shall be punishable with
imprisonment which may extend to one month or with fine which
may extend to rupees fifty or with both.
In case of illegal lock-out the employer shall be punishable with
imprisonment which may extend to one month or with fine which
may extend to rupees one thousand or with both.
ILLEGAL STRIKES AND LOCK-OUTS
Penalty for instigation [Section 27]
The punishment in such cases is imprisonment for a term which
may extend to six months or with fine which may extend to one
thousand rupees or with both.
Penalty for giving financial aid to illegal strikes or lock-outs
[Section 28]
imprisonment which may extend to six months or with fine which
may extend to one thousand rupees or with both.
LAY-OFF AND RETRENCHMENT
The provisions of Chapter V-A of the Industrial Disputes Act, 1947,
relating to lay-off and retrenchment compensation do not apply to
all industrial establishments.
three types of industrial establishments have been exempted
(a) Industrial establishments in which less than fifty workmen on
an average per working day are employed in the preceding
calendar month ; or
(b) industrial establishments which are of a seasonal character or
work only intermittently; or
(c) industrial establishments to which Chapter V-B applies
(inserted by the Industrial Disputes Amendment Act 1976).
LAY-OFF AND RETRENCHMENT
Definition of continuous service [Section 25-b]
The right to compensation under the Act accrues to a workman
only if he has put in 'one year of continuous service'. Section 25- B
defines what amounts to one year of continuous service.
Continuous service for any period means uninterrupted service for
that period and interrupted service on account of any of the
following reasons :
(i) sickness;
(ii) authorised leave ;
(iii) an accident ;
(iv) a strike which is not illegal ;
(v) a lock-out; and
(vi) a cessation of work that is not due to any fault on the part of the workman.
LAY-OFF AND RETRENCHMENT
Right of workmen laid-off for compensation [Section 25-C]
This section recognizes the right of workmen to get compensation
when laid-off. It also lays down the method in which compensation
has to be calculated.
Before a workman may claim lay-off compensation he must fulfill
the following conditions.
(1) He is not a badli or casual workman.
(2) His name is on the muster roll of the establishment; and
(3) He has completed one year of continuous service.