15690_industrial disputes act old

8/3/2019 15690_industrial Disputes Act Old

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INDUSTRIAL

DISPUTES ACT1947


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Objects of the Act:-1. To secure industrial peace by:-

a. preventing & settling disputes

between employers & workers

b. maintaining good relations betweenthem through an internal Works

Committee

c. promoting good relations throughan external machinery of conciliation &

courts


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2. To make better the conditions of workersin the industry by:-

a. redressal of their grievances

through statutory machineryb. providing job security


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Definition of Industry

Section 2(j) : Industry means any

systematic activity carried on by an

employer and his workmen.

Important Points in this Definition:-

1. The workmen may be employed by theemployer directly, or through an agency.


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2. This employment should be for the

production, supply or distribution ofgoods/services, in order to fulfil human

wants.

3. It is not important whether such activity

is carried on for profit or not.

4. Industry also includes any activity

relating to promotion of sales by any

enterprise.


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5. Industry does not include:-

a. agricultural operationsb. hospitals

c. educational, scientific &

research institutions

d. village industries

e. domestic servicesf. any activity done by govt in

the conduct of its usual functions.


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Definition of Industrial DisputeSection 2 (k) : An industrial dispute means

any dispute or difference between:-

i. employers & employers,

ii. employers & workmen,

iii. workmen & workmen,

which is connected with any of these:-

i. employment or non-employment,

ii. terms of employment,

iii. Conditions of labour of any person.


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Important Points

1. Two conditions to be fulfilled

a. There should be real &substantialdifference (continuity)

b. It must be connected with any of the

3 issues mentioned in the definition.


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2. Industrial disputes may be:-

Collective

or

Individual


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Other Important Definitions

1. Employer2. Industrial establishment

3. Appropriate government

4. Lay-off5. Lock-out

6. Retrenchment

7. Strike8. Unfair labour practices

9. Workman


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Authorities

under the Act,and Settlement

Procedure


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I. CONCILIATION

1. Works Committee2. Conciliation Officers

3. Boards of Conciliation

4. Courts of InquiryII. ADJUDICATION

1. Labour Courts

2. Industrial Tribunals3. National Tribunals

III. ARBITRATION


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WORKS COMMITTEE

1. Composition

-- where >100 workers are employedduring the previous 12 months

-- representatives of employer as well as

workmen-- number of representatives of workmen

shall not be less than those of employer


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2. Powers and Duties:-

-- to promote measures for ensuring good

relations between employers & workmen

-- to address the matters of their commoninterest

-- to minimise any material difference of

opinion regarding welfare of workers,training, wages, working hours, working

conditions etc.


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CONCILIATION OFFICERS

1. Appointment

-- for specified area or industry-- by appropriate govt

-- for a limited time or permanently


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2. Duties

-- to hold conciliation proceedings

-- to investigate the dispute

-- to send a report & memorandum of

settlement to appropriate govt

-- if dispute could not be settled by him, he

will send a detailed report to govt

explaining the steps taken by him.


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BOARDS OF CONCILIATION

1. Composition

-- by the appropriate govt

-- one chairman (independent person)

-- 2 or 4 other members (representatives ofboth sides)


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2. Duties

-- to bring about a settlement of the

dispute-- to send a report to the govt within 2

months

-- detailed report if dispute not settled


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COURTS OF INQUIRY

1. Composition

-- set up by appropriate govt

-- one chairman (independent person)

-- any number of other members


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2. Duties

-- to inquire into any dispute referred to it

-- prepare and send report to govt within 6

months


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LABOUR COURTS

1. Composition


-- only 1 member the presiding officer

less than 65

years, and an independentperson


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2. Matters within the jurisdiction of Labour

Court

-- legality of an order passed by employer

-- dismissal of workmen

-- withdrawl of any concession or privilege

-- illegal strike or lock-out


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INDUSTRIAL TRIBUNAL

1. Composition


-- one presiding officer

a. judge of High court or District

court for 3 years

b. less than 65 years

-- may be 2 other members


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2. Matters within its jurisdiction

-- wages & mode of payment

-- compensation & other allowances

-- working hours & rest intervals

-- leaves & holidays

-- rules of discipline

3. Duties same as Labour Court


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NATIONAL TRIBUNAL

1. Composition

-- set up by Central govt-- presiding officer

a. judge of High court

b. < 65 yearsc. independent person

-- 2 other assessors to advise him


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2. Matters for jurisdiction all mattersunder Labour court and Industrial tribunal.

If a dispute is referred to the Nationaltribunal, then the jurisdiction of Labour

court and Industrial tribunal shall cease to

exist.


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ARBITRATION - Voluntary

Reference of Industrial Dispute

1. Reference2. Arbitrators and Umpire

3. Arbitration Agreement

4. Proceedings5. Award


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Rules regarding

Award andSettlement


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1. Form of report written, signed by

concerned authority

2. Publication of report within 30 days

3. Award becomes enforceable after 30

days of its publication

4. Rejection/modification of award by

Central govt, within 90 days of publication


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5. Award shall be binding on all the parties

to that dispute

6. Award shall remain in force for 1 year

from the date on which it becomesenforceable

7. Penalty for breach of award 6 monthsimprisonment, or monetary fine.


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STRIKES

and

LOCK-OUTS


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Meaning of Strike:

Section 2(q) Strike means i. cessation of work by a body of workers

employed in any industry acting in

combination,ii. Refusal of any number of workers to

continue to work,

iii. Refusal under a common understandingof any number of such persons to continue

to work or to accept employment.


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Meaning of Lock-out

Section 2(L) temporary closing of a place

of employment, or suspension of work, orrefusal of an employer to continue to

employ any number of persons employed

by him.


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Essentials of Lock-out:

1. Temporary closing

2. Demands for which the place is locked-

out

3. Intention to re-employ the workers if

they accept the demands.


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Rules related to Strike & Lock-out

1. Strike in a public utility service:

-- notice to employer 6 weeks earlier-- no strike within 14 days of giving notice

-- no strike if any conciliation proceeding is

pending-- no strike within 7 days of conclusion of

such proceedings


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2. Lock-out in a public utility service :

-- same conditions

3. Notice of strike/lock-out not necessary

in certain cases : if a strike/lock-out is

already going on, then notice not required,

but employer must be informed on that

day

4. Employer must forward the notice

within 5 days to appropriate govt


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5. Strike/lock-out in an industrial establishment :

-- not during conciliation proceedings by Board ofConciliation

-- not within 7 days of concluding the proceedings

by Board of Conciliation

-- not during proceedings of Labour Court or

Tribunal

-- not within 2 months of concluding the

proceedings by Labour Court/Tribunal-- not during any arbitration proceedings

-- not within 2 months of concluding the

proceedings by arbitrators.


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6. Illegal strike or lock-out :

A strike or lock-out shall be illegal if :-

i. it is started or declared in contraventionof any of the rules mentioned above, or

ii. It is continued in contravention of anyorder made by National Tribunal in relation

to any dispute referred to it.


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7. Prohibition of financial aid to illegal

strike/lock-out

8. Penalties regarding illegal strike or lock-

out :

i. Penalty for illegal strike (worker)

-- 1 month imprisonment, or

-- fine of Rs. 50, or

-- both


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ii. Penalty for illegal lock-out (employer)

-- 6 months imprisonment, or


-- both.

iii. Penalty for instigation



-- both.


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iv. Penalty for giving financial aid for an

illegal strike/lock-out



-- both.


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Provisions

Related toLAY-OFF


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Meaning of Lay-off:-Section 2(kkk) Lay-off means the failure, refusal or

inability of an employer to give employment to aworkman

i. whose name is borne on the muster-rolls of his

industrial establishment, andii. Who has not been retrenched.

Reasons-

i. shortage of power or raw-materialsii. Surplus stock

iii. Breakdown of machinery

iv. Natural calamity.


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Rules

1. Compensation to workers

-- not a replacement worker

-- his name on muster-rolls-- completed atleast 1 year of

continuous service

-- for all days of lay-off, except weeklyholidays

-- rate of compensation 50%


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2. Duty of employer to maintain muster-

rolls

3. Worker not entitled to receive

compensation

-- if he refuses to accept alternative work

-- if he doesnt come for attendance

atleast once a day

-- if such lay-off is due to strike or slow

down of production process


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4. Permission from app. Govt

5. Application by employer

6. In case of a Mine

7. Order

8. Presumption [60 days]


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9. Order binding

10. Review

11. Illegal lay-off

12. Penalty for illegal lay-off


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Meaning of Retrenchment

Section 2(oo) Termination, by theemployer, of the service of a workman, for

any reason, otherwise than as punishment.

Retrenchment does not include:-

i. voluntary retirement by workman

ii. Termination of his services due to non-

renewal of his employment contract

iii. Termination due to prolonged illness of

worker


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RULES :-

1. Notice of 3 months to workman & priorpermission of appropriate govt

2. Application for seeking permission

3. Order of the govt

4. Presumption [60 days]


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5. Order binding on both parties for 1 year

6. Review of order

7. Illegal retrenchment

8. Penalty for illegal retrenchment 1

month imprisonment, or fine Rs.1000

9. Compensation 15 days wages for

every 1 year of continuous service


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Closure of an industrial

establishment

Closure means permanently

closing down of a place of

employment by the employer.


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Rules for Closure

1. Application for permission 90 days

before closure

2. Order by the appropriate govt

3.Presumption [60 days]

4. Order is binding on both parties for 1

year


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5. Review of order

6. Illegal closure

7. Penalty for illegal closure 6months

imprisonment, or fine of Rs. 500, or both


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UNFAIR LABOUR PRACTICESSection 2(ra) any of the practices

specified in the Fifth Schedule of the

Industrial Disputes act, which declarescertain labour practices as unfair on the

part of employers as well as workmen &

their unions.


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Fifth Schedule

I. On the part of employers and

their unions

II. On the part of workmen andtheir unions

15690_industrial disputes act old

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