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The Industrial Dispute Act

The Industrial Dispute Act

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Published by Durga Prasad Dash

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Published by: Durga Prasad Dash on May 18, 2010
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04/18/2013

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THE INDUSTRIAL DISPUTE ACT-1947 
Objects of the Act-The preamble of the Act reads as- An Act to make provision for theinvestigation and settlement of industries disputes and for contain other  purpose.On the basis of the judgment given from time to time, by the principalobjective of the Act may be stated as-
a)
To promote measure for secure and preserve amity and good relation between the employees and employer to get the dispute settledthrough adjudicatory authorities.
 b)
To provide a suitable method for investment and settlement of industries disputes between employees and employer, betweenemployer and workmen with a right of representation by a register trade union signed by association employers.c)To prevent illegal strike and lock-outs.d)To provide relief to workmen in matter of lay-off retrenchment,wrongful dissemble and victimization.
e)
To give the workmen the right of collective bargaining and promoteconciliation. NEW PRINCIPLE UNDER THE ACTThe industrial Dispute Act can be describing as the mile-stone in thehistorical developed of industrial law in India. With the passage of the Act anumber new principle related to industrial relation had been introduce in thecountry such as--Firstly a permanent machine (conciliate) has been set up for the speedy andamicable settlement of time limit has been presented within the machinemust be set in motion.-Second compulsory arbitration in public utility services including theenforcement of arbitration awards has been recognized.-Thirdly strike and lockouts during the pending of conciliation andarbitration awards, enforced by the government order are prohibits.-Fourthly specific time limits for various stages of conciliator andarbitration, to eliminate delays are prescribed.-Fifthly an obligation on employers to recognize and deal with representedtrade unions has been imposed.-Sixthly works committee to provide machinery for mutual consultation between employees and employer have seen set up.
 
-Seventhly the industrial disputes may refer to an industrial tribunal. When both parties to any industrial dispute.The Act contains 40 section and 7 chapters.Definition of industrial Act 2(j):-Case of Bangalore water supply company Vs A.Rajappa.Authority under the ActThe main object of the industrial Dispute Act is the in of themanagement of industrial disputes.The various method and machine under the industrial disputes act can beclassified as:-(i)conciliationworks committee(a)conciliate officer (b)board of conciliation (ii)(a) court of inquiry(iii)(a) Labour court(b) Industrial Tribunal(c) Natural TribunalOf these settlement machines the first one can be described as “quasi-administrator machinery, because it is governed and guided mainly byadministrator principle and policy.On the other hand the last two are “quasi-indicial machines” for these aremainly governed and guided by judicial principle. The person constitutethese machinery are chosen from those machinery are chosen from thosehaving indicial backyard.Conciliator:-Third party, neutral party, who without using force seeks to find somemiddle course for mutual agreement.Works committee: - The following are the object of the works committee:-1)To promote means for secure and preserved good relation betweenemployer and employees.2)To strive for minimized the difference and opinion in regard tomatters of mutual interest between the employees and employer. It ismeant to create a sense of partnership or compareship between theemployers and workmen.Conciliation of the Sec-4:

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