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id_act_888

id_act_888

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Published by Neha Arya

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Published by: Neha Arya on Oct 20, 2011
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04/28/2012

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SALIENT FEATURES OF THEINDUSTRIAL DISPUTES ACT,1947
BY 
 Vinay R. Menon
e.mail: vinaymenon_00@yahoo.com
 
 
I
 
IMPORTANT DEFINITIONS
 
CERTAIN IMPORTANT TERMS UNDER THE INDUSTRIAL DISPUTES ACT AND THEIR SIGNIFICANCE.
 
a) APPROPRIATE GOVERNMENT [Sn.2(a)]
 
UNDER THE ID ACT SOME INDUSTRIES FALL UNDER THE CENTRALLABOUR MACHINERY AND SOME OTHERS FALL UNDER THE STATELABOUR MACHINERY.SN 2(a) HELPS US TO DETERMINE UNDER WHOSE JURISDICTION APARTICULAR INDUSTRY FALLS AND WHETHER THE STATE/CENTRALRULES WILL APPLY.
 
b) INDUSTRY [Sn.2(j)]
 
THE ID ACT IS NOT APPLICABLE TO ALL KINDS OF ESTABLISHMENTS. ITIS APPLICABLE ONLY TO ESTABLISHMENTS SATISFYING THE DEFINITIONOF THE TERM'INDUSTRY ' (AS DECIDED IN SEVERAL JUDICIALPRONOUNCEMENTS).
 
THE 1984 AMENDED DEFINITION NOW APPEARING IN Sn.2(j) IS YET TOBE BROUGHT INTO FORCE AND THE OLD DEFINITION IS STILL IN VOGUE
.
 
 
 c)WORKMAN[(Sn.2(s)]
 
 ALL EMPLOYEES IN AN ESTABLISHMENT ARE NOT 'WORKMEN'UNDER THEID ACT. ONLY EMPLOYEES DOING ANY MANUAL, UNSKILLED, SKILLED,TECHNICAL, OPERATIONAL, CLERICAL (IRRESPECTIVE OF WHETHER THEIR WAGES IS ABOVE Rs.1600/- PER MONTH OR NOT) AND SUCH OFTHE SUPERVISORS DRAWING WAGES BELOW Rs.1600/- PM (SEEDEFINITION OF WAGES IN Sn.2(rr). IT ALSO INCLUDES DISMISSEDWORKMEN FALLING UNDER THE ABOVE CATEGORIES.
 
HOWEVER MANAGERIAL STAFF ARE TOTALLY EXCLUDED IRRESPECTIVEOF THEIR SALARY. [THE TEST OF DETERMINING WHO IS A 'WORKMAN' WAS PRONOUNCED IN A RECENT SUPREME COURT JUDGEMENT INSANDOZ LTD CASE REPORTED IN 1994 II LLN 1017)
 
d)WAGES[Sn.2(rr)]
 
WAGES WILL INCLUDE BASIC, DA, VALUE OF HOUSE ACCOMMODATION,OTHER AMENITIES, TRAVELLING CONCESSION, COMMISSION PAYABLE AND OTHER REMUNERATION PAYABLE UNDER THE CONTRACT, BUTEXCLUDES THE FOLLOWING : ANY BONUS AND RETIREMENT BENEFITSLIKE EPF/GRATUITY 
 

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