634509505355941250

INDUSTRIAL DISPUTES ACT
HISTORY
RECENT ORIGIN
EMPLOYERS & WORKMENS DISPUTES ACT- 1860

INDIAN TRADE UNIONS ACT-1926
TRADE DISPUTES ACT-1929

DEFENCE OF INDIA RULES -1939 ( RULE 81-A) INDUSTRIAL DISPUTES ACT-1947 ( Effective 1.4.1947)

OBJECTS
INVESTIGATION & SETTLEMENT OF INDUSTRIAL DISPUTES
PREVENTION OF ILLEGAL STRIKES & LOCK-OUTS

TO INTRODUCE & PROMOTE COLLECTIVE BARGAINING
To PROVIDE RELIEF TO WORKMEN IN LAY OFF & RETRENCHMENT

TO MAKE AWARDS MORE EFFECTIVE AND BINDING To MAINTAIN INDUSTRIAL PEACE & HARMONY

SALIENT FEATURES
ACT PROVIDES MACHINARY FOR SETTLEMENT OF INDUSTRIAL DISPUTES ( CHAPTER II ) I.D.ACT CONTEMPLATES CONCILIATION, MEDIATION, VOLUNTARY ARBITRATION & COMPULSORY ADJUDICATION AS MODES OF SETTLEMENT OF INDUSTRIAL DISPUTES.
ACT DEALS WITH STRIKES , LOCKOUTS, LAY OFFS & RETRENCHMENTS IN INDUSTRIES - RIGHTS & LIABILITIES OF PARTIE .
Act DEFINES TERMS LIKE APPROPRIATE GOVT , INDUSTRY, INDUSTRIAL DISPUTE, PUS, STRIKE, LOCK-OUT, LAY OFF & RETRENCHMENT ETC.

IMPORTANT DEFINITIONS
APPROPRIATE GOVERNMENT SECTION - 2( a ) PUBLIC UTILITY SERVICE SECTION -2 ( n ) INDUSTRY - SECTION -2 ( j ) WORKMAN SECTION -2( S ) INDUSTRIAL DISPUTE SECTION -2( K ) AWARD SECTION -2( b) SETTLEMENT - SECTION -2 (P) STRIKE SECTION 2 ( Q ) LOCKOUT SECTION 2 ( l ) LAY OFF - SECTION 2 (KKK) RETRENCHMENT - 2 ( OO) CLOSURE SECTION 2 ( CC )

APPROPRIATE GOVERNMENT - 2 (a) (i) (ii) (iii) (iv) APPROPRIATE GOVT. MEANS IN RELATION TO ANY DISPUTE CONCERNING ANY INDUSTRY CARRIED ON BY OR UNDER THE AUTHORITY OF THE CENTRAL GOVT. OR BY A RAILWAY COMPANY OR
CONCERNING ANY SUCH CONTROLLED INDUSTRY DOCK LABOUR BOARD , MAJOR PORT, AIR TRANSPORT SERVICE, BANKING COMPANY, MINE OR OILFIELD ETC, ------ THE CENTRAL GOVT AND
IN RELATION TO ANY OTHER INDUSTRIAL DISPUTE ------ THE STATE GOVERNMENT.

APPROPRIATE GOVERNMENT - 2 (a) (i) APPROPRIATE GOVT. MEANS
IN RELATION TO ANY DISPUTE CONCERNING ANY INDUSTRY CARRIED ON BY OR UNDER THE AUTHORITY OF THE CENTRAL GOVT. OR (ii) BY A RAILWAY COMPANY OR (iii) CONCERNING ANY SUCH CONTROLLED INDUSTRY (iv) DOCK LABOUR BOARD, MAJOR PORT, AIR TRANSPORT SERVICE, BANKING COMPANY, MINE OR OILFIELD ETC, ------ THE CENTRAL GOVT. IN RELATION TO ANY OTHER INDUSTRIAL DISPUTE ------ THE STATE GOVERNMENT.

APPROPRIATE GOVERNMENT CASE LAW
(1) HOCHTIEF GAMMON VS IND. TRIBUNAL ( 1964 SC) (2) AERONAUTIC CORP.OF INDIA LTD VS THEIR WORKMEN (1975 SC) (3) HEAVY ENGG.CORPORATION VS STATE OF BIHAR ( 1969 SC) (4) RANGAVILAS MOTORS (P) LTD VS THEIR WORKMEN( 1967 SC) (5) ABHAY RAJ JAIN VS GSK PHARMACEUTICALS (2008 SC)

INDUSTRY - SECTION -2 ( j )
INDUSTRY MEANS - ANY BUSNESS, TRADE, UNDERTAKING, MANUFACTURE OR CALLING OF EMPLOYERS AND INCLUDES CALLING , SERVICE, EMPLOYMENT, HANDICRAFT OR INDUSTRIAL OCCUPATION OR AVOCATION OF WORKMEN.

INDUSTRY - CASE LAW
P.R Mukharjee Vs D.N. Banerjee ( 1953 SC) Solicitors case ( 1962 SC ) City of Nagpur Corporation Case ( 1960 SC) Delhi University Case (1963 SC ) A Sundarambals Case ( 1989 SC ) Baroda Municipality case ( 1957 SC ) Hospital Mazdoor Sabha Case ( 1960 SC ) Safdarjang Hospital Case ( 1970 SC ) Madras Sports Clubs case ( 1967 SC) Cricket Club of Indias Case (1969 SC ) T.T. Devasthanams Case ( 1979 SC ) Bangalore Water Works Case (1978 SC )

WORKMAN - SECTION -2 (S )
WORKMAN MEANS - ANY PERSON ( INCLUDING AN APPRENTICE) EMPLOYED IN AN INDUSTRY , TO DO MANUA , SKILLED, UNSKILLED , TECHNICAL, PERATIONAL , CLERICAL OR SUPERVISORY WORK , FOR HIRE OR REWARD, WHETHER THE TERMS OF EMPLOYMENT BE EXPRESS OR IMPLIED AND
IT INCLUDES ANY SUCH PERSON WHO HAS BEEN DISMISSED, DISCHARGED OR RETRENCHED IN CONNECTION WITH OR AS CONSEQUENCE OF INDUSTRIAL DISPUTE OR WHOSE DISMISSAL,DISCHARGE OR RETRENCHMENT HAS LED TO THAT DISPUTE.

WORKMAN - SECTION -2 (S ) BUT IT DOES NOT INCLUDE
ANY SUCH PERSON WHO IS SUBJECT TO ARMY ACT, NAVY ACT OR AIR FORCE ACT. PERSON EMPLOYED IN POLICE SERVICE OR AN OFFICER OR OTHER EMPLOYEE OF PRISON PERSON EMPLOYED MAINLY IN MANAGERIAL OR ADMINISTRATIVE CAPACITY BEING EMPLOYED IN SUPERVISORY CAPACITY BUT DRAWING WAGES EXCEEDING 6500/- RS AND PERFORMING FUNCTIONS WHICH ARE MAINLY OF MANAGERIAL IN NATURE.

WORKMAN - CASE LAW
A Sundarambal Vs Govt. of Goa, Diu & Daman (1989 SC) S.K. Verma Vs Maheshchandra (1983 SC) Burmah Shells Case (1970 SC) Adyanthaya Vs Sandoz India Limited (1994 SC) Steel Authority of India Limited Vs Their Workmen ( 2003 SC) Saroj Shah Vs Balkrishna Pens Pvt . Ltd (1995 Bom.HC ) S.K. Maini Vs Corona Sahu Limited (1994 SC) Kesava Bhatt Vs Ram Ambalam Trust (1989 Kerala HC ) Premier Auto. Ltd. Vs PAL VRS Emp. Welfare Asson.(2001 Bom. HC) S.K. Maini Vs Corona Sahu Limited ( 1994 SC) C.Gupta Vs GlaxoSmithKline Pharmaceuticals Limited ( 2007 SC)

INDUSTRIAL DISPUTE SEC- 2( K)
INDUSTRIAL DISPUTE MEANS A DISPUTE OR DIFFERENCE BETWEEN : EMPLOYERS & EMPLOYERS, EMPLOYER & WORKMEN AND WORKMEN & WORKMEN.
CONNECTED WITH EMPLOYMENT, NON-EMPLOYMENT,TERMS OF EMPLOYMENT & CONDITIONS OF LABOUR/ INDUSTRIAL MATTER .
COLLECTIVE INTEREST OF WORKMEN. AN INDIVIDUAL DIAPUTE , IF SUPPORTED BY THE UNION BECOMES AN INDUSTRIAL DISPUTE.

INDIVIDUAL DISPUTE ( SEC - 2 A)
WHOEVER DISCHARGES, DISMISSES, RETRENCHES OR OTHERWISE TERMINATES ANY INDIVIDUAL WORKMAN , THE DISPUTE RELATING TO SUCH DISCHARGE, DISMISSAL OR RETRENCHMENT AMOUNTS TO AN INDUSTRIAL DISPUTE, EVEN THOUGH SUCH DISPUTE IS NEITHER ESPAUSED BY THE UNION NOR IS SUPPORTED BY THE MAJORITY OF THE WORKMEN EMPLOYED IN THE ESTABLISHMENT.
DISPUTE SUPPORTED BY THE UNION OR MAJORITY OF WORKMEN CONTINUES TO BE AN INDUSTRIAL DISPUTE, EVEN THOUGH THE UNION WITHDRAWS ITS SUPPORT SUBSEQUENTLY.

INDUSTRIAL DISPUTE CASE LAW
Dimakuchi Tea Estate Vs Its Workmen ( 1958 SC ) Bombay Union of Journalists Vs The Hindu ( 1961 SC )
Premier Auto. Ltd Vs P.A. VRS Emp. Asson (2001 Bom. HC)
Tata Chemicals Limited Vs Their Workmen (1978 SC)
C.R. Ramaswamy Vs Needle Industries Ltd ( 1981 SC )

Swadeshi Mills Limited Vs Their Workmen ( 1965 SC)

STRIKE SEC-2 (q) STRIKE MEANS CESSATION OF WORK BY BODY OF PERSONS ACING IN COMBINATION OR CONCERTED REFUSAL OR REFUSAL UNDER COMMON UNDERSTANDING OF ANY NUMBER OF PERSONS WHO ARE OR HAVE BEEN SO EMPLOYED TO CONTINUE TO WORK OR TO ACCEPT EMPLOYMENT. STRIKE IS A WEAPON IN THE HANDS OF THE WORKMEN TO COERSE THE EMPLOYER TO ACCEDE TO THEIR DEMANDS.

STRIKE SEC-2 (q) ESSENTIAL PRE-REQUISITES OF STRIKE : There must be cessation of work Cessation of work must be by body of persons employed in the industry The strikers must have been acting in combination Or There must be concerted refusal Or Refusal under common understanding of any number of persons who are or have been so employed - to continue to work or - to accept employment.

VARIOUS FORMS OF STRIKE
SIT DOWN STRIKE PEN DOWN STRIKE / TOOL DOWN STRIKE GO SLOW ( SLOW GEAR STRIKE) AGITATION / DHARANA / GATE MEETINGS PICKETTING WORK TO RULE LIGHTENING STRIKE HUNGER STRIKE TOKEN STRIKE PEARL STRIKE SYMPATHATIC STRIKE MASS CASUAL LEAVE WEARING BLACK BADGES ( PROTEST )

CASE LAW ON STRIKE
Buckingham and Carnatic Company Ltd. ( 1953 SC) Delta Jute Mills Ltd Vs their Workmen ( 1950 SC) Model Mills Ltd Vs Dharam Das ( 1958 SC) Tamil Nadu Govt. Emp. Asson. Vs Govt of Tamil Nadu ( 2003 SC ) Crompton Greaves Limited Vs Their Workmen ( 1978 SC) All India Bank Emp. Asson. Vs National Ind. Tribunal (1962 SC) Audco India Ltd Vs Audco India Emp. Union & Ors ( 1989 Mad. HC) Kamalesh Prasad Vs State of Bihar ( 1962 SC) B.R Singh Vs Union of India ( 1989 SC) Ex- Captain Harish Uppal Vs Union of India ( 2003 SC) K. Sadashivan Vs Syndicate Bank Limited ( 1996 SC) Mr. Dalvi Vs Rajabahadur Poonawala Mills Ltd (1997Bom HC)

PROHIBITION OF STRIKES IN P.U.S ( Sec - 22 of I.D. Act -1947)
No person employed in PUS shall go on Strike in breach of contract
1) Without giving Notice of strike within six weeks of striking OR
2) Within 14 days of giving such Notice OR

3) Before the date of strike specified in the Notice OR
4) During the pendency of the Conciliation Proceedings before the Conciliation Officer and seven days after conclusion of such proceedings.

GENERAL PROHIBITION OF STRIKES ( Sec - 23 of I.D. Act -1947) No person employed in any Industrial establishment shall go on Strike in breach of contract 1) During the pendency of Conciliation proceedings before a Board and seven days after its conclusion.
2) During the pendency of proceedings before the adjudication Authorities and two months after its conclusion.
3) During the pendency of Arbitration Proceedings before an Arbitrator and two months after itys conclusion or where the Notification has been issued under section 10 A ( 3-A). 4) During any period in which a settlement or Award is in operation.

LOCKOUT SECTION 2 ( l )
LOCK OUT MEANS CLOSING OF A PLACE OF EMPLOYMENT OR SUSPENSION OF WORK OR REFUSAL BY AN EMPLOYER TO EMPLOY ANY NUMBER OF PERSONS EMPLOYED BY HIM.
LOCK-OUT IS CO-ERSIVE , LEGITIMATE WEAPON IN THE HANDS OF THE EMPLOYER FOR FORCING THE WORKERS TO ACCEPT HIS DEMANDS & TO WITHDRAW THE DEMANDS MADE BY THEM.

LOCKOUT SECTION 2 ( q )
LOCK OUT MEANS CLOSING OF A PLACE OF EMPLOYMENT OR SUSPENSION OF WORK OR REFUSAL BY AN EMPLOYER TO EMPLOY ANY NUMBER OF PERSONS EMPLOYED BY HIM.
LOCK-OUT IS CO-ERSIVE , LEGITIMATE WEAPON IN THE HANDS OF THE EMPLOYER FOR FORCING THE WORKERS TO ACCEPT HIS DEMANDS & TO WITHDRAW THE DEMANDS MADE BY THEM.

LOCKOUT & CLOSURE
In closure , there is severance of employment relationship. While in Lockout, there is no severance of employment relationship but there is only suspension of such relationship. Lockout is caused by the Existence or an apprehension of industrial dispute. Closure need not be in consequence of an industrial dispute. Closure is permanent and irrevocable shutting down of an undertaking where as lockout lactic in bargaining . In Lockout there is intention to reopen the undertaking where as in Closure , the undertaking is permanently closed.

CASE LAW ON LOCKOUT
1) Express Newspapers Ltd.Vs Their workmen (1962 SC) 2) Tata Iron & Steel Co.Ltd. Vs Their Workmen (1972 SC) 3) 4) Keventers Karmachari Sangh Vs Lt. Governor, Delhi ( 1971 SC) Mgt. of keirbetta Estate Vs Rajamanickam ( 1960 SC)
5) Mukand Iron & Steel Works Ltd Vs Their Workmen ( 1983 Bom .H.C )

LAY OFF SECTION 2 (KKK )
LAY OFF MEANS FAILURE, REFUSAL OR INABILITY ON THE PART OF THE EMPLOYER , ON ACCOUNT OF -----------------------------SHORTAGE OF COAL SHORTAGE OF POWER SHORTAGE OF RAW MATERIALS ACCUMULATION OF STOCKS BREAKDOWN OF MACHINARY OR NATURAL CALAMITY Eg. CYCLONE, EARTHQUAKE ETC. ANY OTHER CONNECTED REASON BEYOND THE CONTROL OF THE EMPLOYER
TO GIVE EMPLOYMENT TO THE WORKMEN WHOSE NAME IS BORN ON THE MUSTER ROLL & WHO HAS NOT BEEN RETRENCHED .

PROHIBITION ON LAY OFF : ( Sec 25 M)
No workman (other than the Badli or casual workman) whose name is born on the Muster Roll is to be laid of by an employer a) Except obtaining the prior permission of the Appropriate Govt. b) Employer to make an application in the prescribed manner seeking permission.. c) The appropriate Govt may after giving a reasonable opportunity of being heard to the employer , the workmen concerned and the persons interested in such Lay Off may by order grant or refuse to grant such permission, having regard to the genuineness and adequacy of the reasons therefor.

No workman (other than the Badli or casual workman) whose name is born on the Muster Roll is to be laid of by an employer d) If Appropriate Govt. does not communicate its decision within 60 days, the permission deemed to have been granted. e) The Order shall be binding on all concerned and shall remain in force for one year f) A lay off is deemed to be illegal, if no application for Lay Off is made in the prescribed manner and workmen will be entitled to all the benefits, as if they had not been laid off.



Disentitlement to Lay Off Compensation
He is Badli or Casual Workman. His name is not born on the Muster Roll of the Establishment He has completed less than one year of continuous service . He does not present himself for work at the establishment , at the appointed time, during normal working hours at least once a day. He has refuses an alternative employment offered by the Employer in his another undertaking situated within radius of five miles from the establishment to which he belongs. If such Lay Off is due to strike or slowing down of production on the part of workmen in another part of establishment.

Case law on Lay Off
Associated Cement Co. Ltd Vs Their Workmen ( AIR 1960 SC) Tatanagar Foundry Co. Ltd Vs Their Workmen ( AIR 1962 SC) Firestone Tyre & Rubber Co. of India Ltd Vs Their Workmen ( AIR 1976 SC) .

CLOSURE - SECTION 2 (CC) CLOSURE MEANS
PERMENANT CLOSING DOWN OF A PLACE OF EMPLOYMENT OR PART THEREOF : ---PERMENANT CLOSING DOWN OF PLACE OF EPLOYMENT & NOT BUSINESS ITSELF.
----- EMPPLOYER EMPLOYEE RELATIONSHIP CEASES. ------ STATUTORY COMPENSATION IS PAYABLE ---PERMISSION OF APPROPRIATE GOVT. IDS REQUIRED FOR CLOSURE UNDER CHAPTER V - B OF I.D. ACT- 1947.



CASE LAW ON CLOSURE
1) Express Newspapers Pvt Ltd , Madras Vs Their Workmen ( 1962 SC) Excel Wears Ltd Vs Their Workmen ( 1978 SC) Parry & Co. Ltd Vs Their Workmen ( 1980 SC) Mgt . Of Hindustan Steels Ltd Vs Their Workmen ( 1973 SC)
Indian Hume pipe Co. Ltd Vs Their Workmen ( 1968 SC)

Indian Leaf Tobacco development Co. Vs Their Workmen ( 1970 SC)
Voltas Employees Union , Mumbai Vs Voltas Ltd ( 2003 SC)

District Red Cross Society Ltd Vs Babita arora ( 2007 SC)

RETRENCHMENT - SECTION 2 (OO)
RETRENCHMENT MEANS TERMINATION BY AN EMPLOYER OF THE SERVICE OF A WORKMAN FOR ANY REASON WHATSOEVEER , OTHERWISE THAN PUNISHMENT INFLICTED BY WAY OF DISCIPLINARY ACTION. ( IN SHORT , IT IS THE REDUCTION OF EXCESS MANPOER ) BUT IT DOES NOT INCLUDE : VOLUNTARY RETIREMENT OF A WORKMAN ----- RETIREMENT ON REACHING AGE OF SUPERANNUATION ----- TERMINATION OF SERVICE FOR NON-RENEWAL OF CONTRACT OF EMPLOYMENT AFTER THE EXPIRY OF FIXED TERM CONTRACT
-----------
TERMINATION OF SERVICE ON THE GROUND OF CONTINUED ILL HEALTH.

CONDITIONS FOR EFFECTING RETRENCHMENT (Sec - 25F )
ONE MONTHS NOTICE IN WRITING, INDICATING THE REASONS THEREFOR OR WAGES IN LIEU OF SUCH NOTICE. COMPENSATION @ 15 DAYS WAGES FOR EVERY YEAR OF CONTINUOUS SERVICE. TO SERVE NOTICE TO THE APPROPRIATE GOVT IN THE PRESCRIBED MANNER. DOCTRINE OF LAST COME FIRST GO ( SEC- 25- G) RE-EMPLOYMENT of RETRENCHED WORKMEN ( SEC -25-H)

CASE LAW ON RETRENCHMENT
L. Robert Dsouza Vs Executive Engineer (1981 SC) State Bank of India Vs N. Sundermony ( 1976 SC) Piparich Sugar Mills Ltd Vs PSM Mazdoor Union ( 1975 SC) L. Robert Dsouza Vs Executive Engineer( 1982 SC) Uptron India Ltd Vs Shammi Bhan ( 1998 SC) S.H. Kelkar & Co. Ltd Vs Khashaba Jadhav ( 1995 Bom . HC) Anil Kanase Vs Krishna Sahakari Sakhar Karkhana Ltd (1997SC) D.K. Yadav Vs J.M.A. industries Ltd ( 1993 SC) Venugopal Vs L.I.C. of India ( 1994 SC) Anand Bihari Vs Rajasthan State Road Transport Corporation (1991 SC) Ramaswamy Murugesh Vs S.G. Bhonsale P.O. 5th Labour Court, Mumbai ( 2005 , Bom HC) The workmen of American Express International Banking Corp.
Vs Their Workmen (2005 SC)

RECOVERY OF MONEY DUE FROM THE EMPLOYER
( I ) Application to the Appropriate Govt: [Sec -33 -C(1) ]
Where any money is due from the employer under Settlement or Award - the workman himself or any other person authorised by him or his Assignee or heirs ( in case of workman's death), without prejudice to any other mode of recovery, make application to the Appropriate Govt
Time limit for making such application is one month , from the date when money becomes due from the employer. Such application can be entertained even after the period of one month, for sufficient reasons. Appropriate Govt may recover the amount due , as a recovery of land revenue.

RECOVERY OF MONEY DUE FROM THE EMPLOYER
( I ) Application to the Labour Court t: [Sec -33 -C(2) ]
Where any workman is entitled to receive from the employer Any money or benefit , which is capable of being computed in terms of money and such payment is disputed , then such question may be decided by the Labour Court, within a period of one year. Labour Court may appoint Commissioner for the purpose of computing money due or the value of the benefit , who shall submit his report to the Labour Court. Decision of Labour Court shall be forwarded to the Appropriate Govt. A single joint application for the recovery of amount due may be made on behalf of any such number of workmen. Appropriate Govt may recover the amount due , as a recovery of land revenue.

RECOVERY OF MONEY DUE FROM THE EMPLOYER Pre - requisites of Section 33-C (2)
Claim only by a 'workman' as defined under the Act . Only if the claim is undisputed . Right to claim must be adjudicated one, by the Appropriate Court / Authority. There must be existing right to claim the money due.
The proceedings are executory & not adjudicatory.

RECOVERY OF MONEY DUE FROM THE EMPLOYER CASE LAW
Central Bank of India Vs Rajagopalan ( 1963 ,SC) Shantanu Joshi Vs Hindustan Antibiotics Ltd ( 2000 Bom. HC ) Premier Auto Ltd Vs PAL VRS Emp. Welfare Asson ( 2001 Bom. H.C )

AUTHORITIES UNDER THE I.D. ACT
APPROPRIATE GOVERNMENT WORKS COMMITTEE CONCILIATION OFFICER BOARD OF CONCILIATION COURT OF INQUIRY LABOUR COURT INDUSTRIAL TRIBUNAL NATIONAL TRIBUNAL

VOLUNTARY ARBITRATION - [ Sec 10 A ]
PARTIES CAN REFER FOR VOLUNTARY ARBITRATION ANY INDUSTRIAL DISPUTE EXISTING /APPREHENDED, BEFORE THE SAME IS REFERRED FOR ADJUDICATION. SUCH REFERENCE IS MADE BY WRITTEN AGREEMENT , IN THE PRESCRIBED MANNER. APPOINTMENT OF UMPIRE IS MADE WNEN AGREEMENT PROVIDES FOR EVEN NO. OF ARBITRATORS. ( SEC. 10 -1A)
IF ARBITRATORS ARE EQUALLY DEVIDED, THE OPINION OF UMPIRE SHALL PREVAIL.

ARBITRATION AGREEMENT MUST BE IN THE PRESCRIBED FORM AND SIGNED BY THE PARTIES. [ Sec- 10 A(2) ] A COPY OF ARBITRATION AGREEMENT SHALL BE FORWARDED TO THE APPRO. GOVT. WHO SHALL PUBLISH THE SAME IN OFFICIAL GAZETTE. WITHIN ONE MONTH OF PUBLICATION , APPRO. GOVT. SHALL ISSUE NOTIFICATION . [ SEC-10A ( 3A) ] ARBITRATORS INVESTIGATE THE DISPUTE AND SUBMIT REPORT TO THE APPROPRIATE GOVT. [ SEC 10 A(4) PROVISIONS OF ARBITRATION ACT -1940 DOES NOT APPLY.

ARBITRATION AGREEMENT MUST BE IN THE PRESCRIBED FORM AND SIGNED BY THE PARTIES. [ Sec- 10 A(2) ]
A COPY OF ARBITRATION AGREEMENT SHALL BE FORWARDED TO THE APPRO. GOVT. WHO SHALL PUBLISH THE SAME IN OFFICIAL GAZETTE. [ SEC- 10A(3) ]
WITHIN ONE MONTH OF PUBLICATION , APPRO. GOVT. SHALL ISSUE NOTIFICATION . [ SEC-10A ( 3A) ] ARBITRATORS INVESTIGATE THE DISPUTE AND SUBMIT REPORT TO THE APPROPRIATE GOVT. [ SEC 10 A(4) ] PROVISIONS OF ARBITRATION ACT -1940 DOES NOT APPLY.

ARBITRATION AGREEMENT MUST BE IN THE PRESCRIBED FORM AND SIGNED BY THE PARTIES. [ Sec- 10 A(2) ] A COPY OF ARBITRATION AGREEMENT SHALL BE FORWARDED TO THE APPRO. GOVT. WHO SHALL PUBLISH THE SAME IN OFFICIAL GAZETTE. [ SEC- 10A(3) ] WITHIN ONE MONTH OF PUBLICATION , APPRO. GOVT. SHALL ISSUE NOTIFICATION . [ SEC-10A ( 3A) ] ARBITRATORS INVESTIGATE THE DISPUTE AND SUBMIT REPORT TO THE APPROPRIATE GOVT. [ SEC 10 A(4). PROVISIONS OF ARBITRATION ACT -1940 DOES NOT APPLY.

AMENDMENT ACT, 2010 SALIENT FEATURES
Definition of Appropriate Govt. ( Section-2 (a) amended. Enhancement of wage ceiling of a workman from Rs. 1600/- Per Month to Rs. 10,000/- Per Month . Direct access to the workman to the Labour Court or Industrial Tribunal in case of disputes arising out of Section-2 A of the Act. Empowering Labour Court or Tribunal to execute Awards, Orders of Settlements arrived at by Labour Court or Industrial Tribunals.

AMENDMENT ACT, 2010 SALIENT FEATURES
Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under Section -7 & Section 7A of the Act. Establishment of Grievance Redressal Machinery in every industrial establishment employing 20 or more workmen for the resolution of disputes arising out of individual grievances. The Amendments have been brought into force w.e.f. 15.09.2010.
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INDUSTRIAL DISPUTES ACT

EMPLOYERS & WORKMENS DISPUTES ACT- 1860

TRADE DISPUTES ACT-1929

INDUSTRIAL DISPUTES ACT

PREVENTION OF ILLEGAL STRIKES & LOCK-OUTS

To PROVIDE RELIEF TO WORKMEN IN LAY OFF & RETRENCHMENT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

IN RELATION TO ANY OTHER INDUSTRIAL DISPUTE ------ THE STATE GOVERNMENT.

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

C.R. Ramaswamy Vs Needle Industries Ltd ( 1981 SC )

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

2) Within 14 days of giving such Notice OR

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

Indian Hume pipe Co. Ltd Vs Their Workmen ( 1968 SC)

Voltas Employees Union , Mumbai Vs Voltas Ltd ( 2003 SC)

INDUSTRIAL DISPUTES ACT

TERMINATION OF SERVICE ON THE GROUND OF CONTINUED ILL HEALTH.

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

The proceedings are executory & not adjudicatory.

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

IF ARBITRATORS ARE EQUALLY DEVIDED, THE OPINION OF UMPIRE SHALL PREVAIL.

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT

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