industry dispute act, 1947

8/4/2019 Industry Dispute Act, 1947

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Industry Dispute Act,

1947

By:

Vasundhra Goel,

Pankhuri Dhingra,Pooja Vij &

Sugandha Agrawal


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Industry under Industrial

Disputes ActIndustry means any business, trade,

undertaking, manufacture or calling ofemployers and includes any calling,service, employment, handicraft or

industrial occupation of workmen.


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Industry Dispute and

Workman Industrial Dispute Industrial dispute means

any dispute or difference between employersand employers, or between employers andworkmen, or between workmen and workmen,which is connected with the employment or non-employment or the terms and conditions ofemployment or with the conditions of labor, ofany person.

WorkmanWorkman means any personemployed in any industry to do any manual,clerical or supervisory work for hire or reward.


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Main provisions Reference of dispute for adjudication. Awards of labor courts and tribunals. Payment of wages to workers pending

proceedings in High Courts. Rights of appeal. Settlements in outside conciliation. Notice of change in employment conditions.

Protection of workmen during pendency ofproceedings. Strike and lock-out procedures. Lay-off compensation.


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Retrenchment compensation.

Proceedings for retrenchment. Compensation to workmen in case of

transfer of undertakings.

Closure procedures. Reopening of closed undertakings.

Unfair labor practices.

Recovery of money due from employer. Penalties.

Obligations and rights of employees.


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When to consult and refer When a dispute arises with the workers' union.

When you plan changes in employmentconditions.

When there is a strike.

When there is a lock-out.

When retrenchment of workmen.

When undertaking is being transferred. On closure of an establishment.

On re-opening establishment.


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Systems for Settlement Works Committee:

The committee will consist of equal number ofrepresentatives of employer and employees.

Representatives of employees will be selected inconsultation with Registered Trade Union. TheWorks Committee will first try to settle disputes.If dispute is not solved, it will be referred to

Conciliation Officer who is appointed by thegovernment.


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Labor Court:

Labor Courts are constituted by State Governments. Itwill be presided over by Presiding Officer. The LaborCourt has powers in respect of * Interpretation ofStanding Orders * Violation of Standing Orders *Discharge or dismissal of a workman* Withdrawal of anycustomary concession or privilege * Illegality orotherwise of a strike or lock-out * other matters whichare not under Industrial Tribunal.

National Tribunal:

National Tribunal is formed by Central Government for

adjudication of industrial disputes of national importanceor where industrial establishments situated in more thanone States are involved.


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Industrial tribunal:

Industrial Tribunal is constituted by State

Government u/s 7A. The tribunal will bepresided over by Presiding Officer. TheIndustrial Tribunal has powers in respect of *Wages, including period and mode of payment *Compensatory and other allowances* Hours ofwork and rest intervals * Leave with wages andholidays * Bonus, profit sharing, provident fund

and gratuity * Shift working changes*Classification by grades * Rules of discipline *Ratinlanisation and retrenchment of workmen.


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Effects of industrial dispute Employer:

stoppage of production

increase in the average cost of production

to compensate his customers loss of prestige and credit

Loss due to destruction of property

Employee:

loss of income

threat of loss of employment

threat of reprisal action

industry dispute act, 1947

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