University Questions

Describe Authorities under Industrial Dispute Act. (20)- 2005 What is Industrial Dispute? In which cases Strikes/lockouts would be illegal as per Bombay Industrial Act. (10)- 2005 As per industrial dispute act, state provisions for Lay off and Conditions for retrenchment. (10)-2005

Index
Introduction Objectives, Court of Enquiry Labour Court Industrial Court National Tribunal. Arbitration, Strikes Works Committee Conciliation officer Layoff Retrenchment

Definitions,
Authorities under ID Act

INTRODUCTION
Definition: Industrial DisputesAny dispute or difference between employer and employer or between employer and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or with the condition of labour of any person.

OBJECTIVES OF THE ACT

To promote measures for securing and preserving good relations between the employers and the employees, to minimize the differences and to get the disputes settled through adjudicatory authority.
To provide suitable machinery for investigation and settlement of industrial dispute between employers, employees and workmen.

OBJECTIVES OF THE ACT

To prevent illegal strikes and lockouts.
To provide relief to workmen in matters of layoffs, retrenchment, wrongful dismissals and victimization.

To give the workmen the right of collective bargaining and promote conciliation.

WORKS COMMITTEE
Any industrial unit having 100 or more workmen employed or have been employed on any day in the preceding 12 months. Constitution: Consists of representatives of employers and workmen engaged in the establishment. Number of workers representatives should not be less than employers representatives. Worker representatives are chosen in consultation with registered trade union, if any.

WORKS COMMITTEE
Functions: To promote measures for securing and preserving good relations between the employers and workmen.
To work in the common interest of employers and employees.

CONCILIATION OFFICER
Appointed by government for mediating and promoting settlement of ID.
Duties: He is required to investigate the dispute and all matters affecting its merit for promoting a right settlement. He may induce the parties to a fair and amicable settlement.

CONCILIATION OFFICER
In case of settlement, he must send a copy of the report and memorandum of settlement signed by the parties to the government or authorized officer.
In case no settlement is arrived at, he is required to send to govt. full report of steps taken by him for bringing about settlement and reasons for its failure.

CONCILIATION OFFICER
Powers: He can enter the premises occupied by any establishment for the purpose of inquiry. He may also enforce the attendance of any person for the purpose of examining him and call for inspection any document relevant to the dispute. He can verify the implementation of any award, given to any employee.

COURT OF INQUIRY
It is for the purpose of inquiring into any matter appearing to be connected with or relevant to any industrial dispute. It may consist of either one independent person only or more persons but where it consists of two or more persons, one of them is to be appointed as the chairman. The court can function in the absence of chairman, but not when the services of chairman are ceased.

COURT OF INQUIRY
It is required to inquire into matters of disputes and report to the govt. within the period 6 months from the commencement of inquiry. The report has to be in writing and signed by all its members. Any such report has to be published by the govt. within a period of 30 days from the date of the receipt of the report.

COURT OF INQUIRY
Any member for the purpose of inquiry can enter the premises occupied by the establishment. The COI can enforce the attendance of any person and examine him on oath and compelling the production of documents. The COI may appoint one or more persons having special knowledge of the matter as assessor to advice it in the proceeding.

LABOUR COURT
A LC shall consists of one person only appointed by the govt. He should be below 65 years and should be an independent person. For the following matters of second schedule the LC shall be formed The propriety or legality of an order passed by an employer under the standing orders. The application and interpretation of standing orders.

LABOUR COURT
Discharge of dismissal of workmen, or grant of relief to, workmen wrongfully dismissed. Withdrawal of any customary concession or privilege. Illegality or otherwise or a strike or lockout. All matters other than those specified which fall within the jurisdiction of industrial tribunal.

INDUSTRIAL TRIBUNAL
One or more IT may be appointed by govt. for the adjudication of industrial disputes specified in the second or third schedule. The third schedule consists of following matters: Wages, allowances, hours of work and rest intervals, leave with wages and holidays, bonus, profit sharing, provident fund and gratuity. Faulty shift working, classification of grades, retrenchment, rules of discipline, etc.

INDUSTRIAL TRIBUNAL
The govt. may appoint two persons as assessors to advice the tribunal. The award shall be in writing and signed by its presiding officer. Govt. can interfere on four grounds: There is want of good faith. There is victimization or unfair labour practice. The mgnt. has been guilty of violation of justice. The finding is completely baseless.

NATIONAL TRIBUNAL
For the following matters NT may be formed: Involving questions of national importance. Which are of such a nature that industries in more than one state are likely to be affected. It consists of one person only who is an independent person and below 65 years of age. The central govt. may appoint two persons as assessors.

NATIONAL TRIBUNAL
When a national tribunal has been referred to, no labour court or IT shall have any jurisdiction to adjudicate upon such a matter. An order referring to an industrial dispute to an adjudication authority is also to specify the period within which the award has to be submitted. The central govt. is empowered to refer an industrial dispute to a labour court or tribunal constituted by the state govt. even when it is the appropriate govt.

ARBITRATION
Before the dispute is referred to any appropriate govt., it can be referred to arbitrator/s on the will of the parties involved. An arbitrator may also be appointed from the presiding officers of LC, IT or NT. In case of even number of arbitrators, another person has to be appointed as umpire. A copy of arbitration agreement must be sent to govt. and conciliation officer and must be published within one month.

STRIKES AND LOCK-OUTS

General Prohibition: No workmen is allowed to go on strike when: During the pendency of conciliation before the board of conciliation and 7 days after the conclusion of such proceeding. During the pendency of proceedings before a LC, IT or NT and two months after its conclusion. During the pendency of arbitration proceedings and two months after its conclusion. During any period in which a settlement or award is in operation

STRIKES AND LOCK-OUTS

Prohibition in public utility services: Provisions pertaining to general prohibition apply here also. In addition these restrictions need to be followed before going on strike: Give the employer a notice of strike within 6 months before striking. Within 14 days of giving such a notice. Before the expiry of the date of strike specified in notice.

STRIKES AND LOCK-OUTS

Illegal strikes and lock-outs: If it is commenced or declared against provisions relating to general prohibition or those applying to public utility services. If it continued in contravention of an order, where an industrial dispute has been referred to a board, LC, IT or NT. If it continued in contravention of an order, where an industrial dispute has been referred to arbitration. The act prohibits to give any money for any illegal strike or lock-out.

LAYOFF
Application:
The provisions do not apply to industrial units: In which less than 50 workmen have been employed. Which is of seasonal character or in which work is performed only intermittently.

LAYOFF
Right of workmen laid off for compensation: If a workmen bearing a name in muster roles and who has completed one year of continuous service, is laid off, he is entitled to receive 50% of the total basic wages and D.A. If during any period of 12 months, a workman is laid-off for more than 45 days, no compensation is payable in respect of any period of lay-off after the expiry of the first 45 days. It is lawful to retrench the workman at any time after the expiry of the first 45 days of the lay-off.

LAYOFF
A workman is not entitled to compensation when: If he refuses to accept any alternative employment in the same unit or in any other unit belonging to same employer, provided that wages would be normally paid in the new employment also. If he doesnt present himself for work at the unit at the appointed time during normal working hours at least once a day. If such a layoff is due to strike or slow down of production by the workmen.

RETRENCHMENT
Conditions before retrenchment: The Act prohibits retrenching any workman who has been in continuous service for not less than one year except under the following conditions:
a) The workman has been given one months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice;

RETRENCHMENT
b) The workman has been paid at the time of retrenchment, compensation equivalent to 15 days average pay for every completed year of continuous service or any part of it in excess of 6 months; and c) A notice has been served in the prescribed manner on the appropriate govt. or an authority specified by it by notification in the official gazette.

RETRENCHMENT
Procedure for Retrenchment: In case any workman of a unit is to be retrenched, the employer is ordinarily required to retrench the workman who was the last person to be employed in that category unless the employer records the reasons for retrenching any other workman. The employer may also retrench any other workman in case there is an agreement between him and the employer in this regard.

AN ASSESSMENT
Extensive governmental intervention in the field of Industrial Relations. Limited Effectiveness of Authorities. Obstacle to the Development of Collective Bargaining. Frequent Violations of Provisions relating to Strikes and Lock-outs Opposition to the Provisions relating to Layoff and Retrenchment. Undue protection to Individual Workmen.

Object of the Act Provisions for investigation and settlement of industrial disputes and for certain other purposes. Right of a Workman during Pendency of Proceedings in High Court Employer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher Courts. Sec.17B

Power of Labour Court to give Appropriate Relief Labour Court/Industrial Tribunal can Modify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement. Sec.11A

Persons Bound by Settlement When in the course of conciliation proceedings etc., all persons working or joining subsequently. Otherwise than in course of settlement upon the parties to the settlement. Sec.18

Lay off & Payment of Compensation Conditions for Laying off Failure, refusal or inability of an employer to provide work due to Shortage of coal, power or raw material. Accumulation of stocks. Notice of Change Breakdown of 21 days by an employer to workmen about machinery. changing the conditions of service as provided in Natural calamity. ivth Schedule. Sec.25-C Sec.9A Lay off Compensation Payment of wages except for intervening weekly holiday compensation 50% of total or basic wages and DA for a period of lay off upto maximum 45 days in a year. Sec.25-C Prior Permission for Lay off When there are more than 100 workmen during proceeding 12 months. Sec.25-M

Period of Operation of Settlements and Awards A settlement for a period as agreed by the parties, or Period of six months on signing of settlement. An award for one year after its enforcement. Sec.19

Prohibition of Strikes & Lock Outs

Without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking. Within fourteen days of giving such notice. Before the expiry of the date of strike specified in any such notice as aforesaid. During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. During the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings. During the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months, after the conclusion of such proceedings. During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under Sub-Section(3A) of section 10A During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award. Secs.22&23

Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings Not to alter to the prejudice of workmen concerned the condition of service. To seek Express permission of the concerned authority by paying one months wages on dismissal, discharge or punish a protected workman connected with the dispute. To seek approval of the authority by paying one months wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33 Prior Permission by the Government for Retrenchment When there are more than 100 (in UP 300 or more) workmen during preceding 12 months. Three months notice or wages thereto. Form QA Compensation @ 15 days wages. Sec. 25-N

Prohibition of unfair labour practice either by employer or workman or a trade union as stipulated in fifth schedule Both the employer and the Union can be punished. Sec.25-T

Retrenchment of Workmen Compensation & Conditions Workman must have worked for 240 days. Retrenchment compensation @ 15 days wages for every completed year to be calculated at last drawn wages One months notice or wages in lieu thereof. Reasons for retrenchment Complying with principle of last come first go. Sending Form P to Labour Authorities.

Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings Not to alter to the prejudice of workmen concerned the condition of service. To seek Express permission of the concerned authority by paying one months wages on dismissal, discharge or punish a protected workman connected with the dispute. To seek approval of the authority by paying one months wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33