Professional Documents
Culture Documents
Preliminary:
The Industrial Disputes Act, 1947 extends to whole of India. It came into
operation on the first day of April, 1947. This Act replaced the Trade Disputes Act
of 1929. The Trade Disputes Act imposed certain restraints on the right of strike
and lockout in Public Utility Services. But no provision was existing for the
settlement of Industrial Disputes, either by reference to a Board of Conciliation or
to a Court of Inquiry. In order to remove this deficiency, the Industrial Disputes
Act, 1947 was passed.
Scope and Objects (Sec. 1) ,
The objects of the industrial relation's legislation in general are to maintain
industrial peace and, to achieve economic justice.
The prosperity of any industry very much depends upon its growing
production. Production is possible when the industry functions smoothly without
any disturbances. This means industrial peace through harmonious relationship
between labour and management. Therefore every industrial relations legislatiqn
necessarily aims at providing conditions congeniel to the industrial peace.
Economic justice is another objective of industrial legislation. Almost all
industrial interuptions in production are due to industrial disputes. Dissatisfaction
with the existing economic conditions is the root cause of industrial disputes. The
labour demands for fair return is expressed in varied forms; e.g. increase in
wages, resistance to decrease in wages and grant of allowance and benefits etc.
If a labourer wants to achieve these gains individually, he fails because of his
weaker bargaining power against the sound economic footing of the
management. Therefore, the economic struggle of labour with capital can be
fought collectivity by organised labours. It is with this object to provide economic
justice by ensuring fair return to the labour, the State, being the custodian of
public interest, intervenes by 'State legislation' Economic justice has also been
ensured to the people of India by our Constitution.
Thus the main object of all labour legislation is to ensure fair wages and to
prevent disputes so that the production might not be adversely affected2. The
principal objects of Industrial Disputes Act as analyzed and interpreted by the
Supreme Court are as follows.3
(1) The promotion of measures for securring and preserving amity and
good relations between employers and workmen;
(2) Investigation and settlement of industrial dispute between employers
and employers, employers and workmen, or between workmen and workmen
with a right of representation by a registered Trade Union or . Federation of Trade
Unions or Association of Employers or a Federation of Association of Employers.
(3) The prevention of illegal strikes and lock-outs;
(4) Relief to workmen in the matter of lay-oft, retrenchment and closure of
an undertaking.
.
(5) Collective bargaining.
such dispute.
(j) Industry
vocation of workmen.
mode of recovery, make an application, within one year from the date on which
the money became due to the workman, to appropriate Government for the
recovery of money due to him, and if the appropriate Government is satisfied
that any money is due to him, it shall issue a certificate for that amount to the
Collector who shall proceed to recover the same in the same manner as an
arrear of land revenue.
Penalty for layoff without permission (Sec. 25Q)
Any member who contravenes the provisions of Sec. 25M shall be
punishable with imprisonment for a term which may extend to one month, or with
fine which may extend to Rs. 1000, or with both.
(I)
Lock out - Means the closing of a place of employment, or the
suspension of work, or the refusal by an employer to continue to
employ any number of persons employed by him.
While strike is a weapon in the hands of the labour to force the
management to accept their demands, lockout is a weapon in the
hands of the management to coerce the labour to come down in
their demand srelating to the conditions of employment.
Lockouts has been described by the Supreme Court as the
antithesis of strike.1
Difference between lockout and lay-off:
(1) Lockout is an act on the part of the employer to pressurise the labour;
while layoff is for trade reasons, beyond the control of the employer;
i.e., it is not intentional act.
(2) Lockout is exercised due to an industrial dispute and continues during
the period of dispute; layoff is not necessiorily concerned with
dispute with workmen.
Difference between lock-out and retrenchment:
(1) Temporary or permanent: Lockout is temporary measure, while
retrenchment is permanent.
(2) Relationship: In lockout the relationship of employer and employee is
only suspended; it does not come to an end. In retrenchment such a
relationship is severed at the instance of the employer.
(3) Motive: Lockout is with a motive to coerce the workmen; the intention
of retrenchment is to dispense with surplus labour.
(4) Trade dispute: Lockout is due to an industrial dispute, whereas in
case of retrenchment, there is no such dispute
closure is permanent.
.
(2) Weapon of coercion: Lockout is a weapon of coercion in the hands of
employer; while closure is generally made for trade reasons.
(3) Trade Dispute: Lockout is declared during an industrial dispute, while
in case of closure, there need not be any dispute.
(Ia)
Major Port: Means a port as defined in clause 8 of Sec. 3 of the Indian
Port Act. 1903; which reads as follows:
"Any port which the Central Government may by notification in official
Gazette declare or may by any law for the time being in force, have
declared to be a major port".
(I b) Mine: Means a mine as defined in clause (j) of sub-section (1) of Sec. 2 of
the Mines Act, 1952, Which reads as under:
"Mine means any excavation where any operation for the purpose of
searching for or obtaining minerals has been, or is being carried on, and
includes, (unless exempted by the Central Government by notification in
the official Gazette) any premises or part thereof, on which any process
ancillary to the getting, dressing or preparation for sale of mineral or of
coke is being carried on :"
(II) National Tribunal: Means a National Tribunal constituted under Sec. 78 of
the Act.
(III) Office Bearer: In relation to a Trade union, it includes any member of the
executive thereof, but does not include on auditor. (m) Prescribed: Means
prescribed by rules made under this act. (n) Public utility services: The following
are public utility services as laid down by the Act :
(i) any railway service;
(ii) any transport service for the carriage of passengers or goods by
air;
(iii) any service in or in connection with the working of any major port
or dock;
(iv) any section of an industrial establishment, on the working of
which
the safety of the establishment or the workmen employed therein
. depends;
(v) any postal, telegraph or telephone service;
(vi) any industry which supplies power, light or water to the public;
(vii) any system of public conservancy or sanitation.
(viii) any industry specified in the First Schedule which the
appropriate
Government may, if satisfied that public emergency or public
interest so requires, by notification in the Official Gazette
declare to be a public utility service for the purpose of this Act,
for such period as may be specified in the notification.
(0) Railway company - Means a Railway Company as defined in Sec.8 of the
Indian Railway Act, 1890. Sec 3(5) of the Indian Railways Act states,
"Railway Company" includes any person whether incorporated or not
submit his recommendations for tha determination of the dispute. The time limit
prescribed for submission of such reports is 2 months of the date on which the
dispute was referred to him or within such shorter period as may be fixed by the
appropriate Government or all the parties to the dispute may, however, further
extend the period by agreement in writing. Where a dispute, in which the Board
has failed to bring about a settlement, relates to a public utility service and the
Government does not refer it to a Labour Court, Tribunal or National Tribunal, he
must inform the parties concerned the reasons for not doing so.
Courts of Inquiry (Sec.G)
The appropriate Government may, as occasion arises, by notification in
the official Gazette, constitute a Court of Inquiry for inquiring into any matter
appearing
to be connected with or relevant to an industrial dispute. Such a Court may
consist of one or more independent persons, as the Government may appoint.
Where it consists of more than one member, one of them shall be appointed as
Chairman. The Court having the prescribed quorum may act even if the
Chairman or a member is absent; but not if the services of the Chairman have
ceased to be available, and on other Chairman has beer' appointed. The Court
shall inquire into the matters referred to it and report thereon to the appropriate
Government within 6 months from the date of commencement of the inquiry.
Members of Court of Inquiry shall deemed to be public servants within the
meaning of Sec. 21 of IPC. The Court of Inquiry, if it so thinks fit, appoint one or
more persons having special knowledge of the matter under consideration as
assessor or assessors to advise it In the proceeding before it.
On a perusal of the relevant Sections 22, 23 and 33 of the Act. relating to
the Court during the pendency of a proceeding before a Court of Inquiry, the
following right remain unaffected, such as:
(i) The right of a workman to go on strike
(ii) The right of an employer to lookout his business. and
(iii) The right of the employer to dismiss or otherwise to punish the
workman in certain cases under Sec.33
Duties of Courts of Inquiry (Sec. 14)
The Court of Inquiry of shall inquire into the matters referred to it and the
report of Inquiry thereon be presented before the appropriate Government;
ordinarily within a period of 6 months from the commencement of inquiry.
The report of the Court of Inquiry shall be in writing and be signed by all
the members of the Court, provided that a member may record a minutes of
dissent also. Labour Court
The appropriate Government may, by notification in the Official Gazette,
constitute one or more Labour Courts for the adjudication of industrial disputes
relating to any of the following matters or for performing such other function as
may be assigned to them under the Act. The functions of the Labour Court as
provided in the
. Act. are:
(i) Adjudication of industrial disputes relating to any matter specified in the
Second Schedule
(ii) Performing of such other functions as may be assigned to them
under this Act. 1 he following matters are specified in the Second
Schedule, namely
(i) The propriety or legality of an order passed by an employer under
Standing Orders; .
(ii) The application and interpretation of Standing Orders;
(iii) discharge or dismissal of workman including re-instatement of, or
grant of relief to; workmen wrongfully dismissed;
(iv) withdrawal of any customary concession or privilege;
(v) illegality or otherwise of a strike or lockout; and
(vi) all matters other then those specified in the Third Schedule.
. According to sec.? (2) a Labour Court shall consist of one person only
who shall be appointed by the appropriate Government. But no person shall be
appointed as Presiding Officer of a Labour Court, unless (a) he is, or has been
a judge of a High Court; or (b) he has for a period not less then 3 years been a
District Judge; or (c) he has held the office of the Chairman of any other
member of any tribunal, for a period of not less then two years; or (e) he has
been the presiding Officer of a Labour Court constituted under any provincial
Act for not less than five years.
Powers of the Labour Court (Sec. 11)
Powers of the Labour Court to give appropriate relief in case of discharge or
dismissal of workman are as under.
(1) Subject to any rule that may be made in this behalf, the labour Court
may follow such procedure that it may think fit.
(2) The Presiding Officer of the Court may, for the purpose of
inquiry into any existing or apprehended dispute, enter into the
premises occupied by any establishment to which the dispute
relates.
(3) The Labour Court shall have all the powers as are vested to a Civil
Court.
(4) If it thinks fit, appoint one or more persons, having special knowledge.
of the matter under consideration, as an assessor to advise it in the
proceedings before it.
Duties of Labour Court (Sec. 15)
Where an industrial dispute has been referred to Labour-Court, for
adjudication, it shall hold its adjudication expeditiously and shall, submit its
award to the appropriate Government. The award of Labour Court shall be in
writing and be signed by its Presiding Officer (Sec.16)
Every award of Labour Court, shall within a period of 30 days from the
date of its receipt by the appropriate Government, be published by if in the
official Gazette. The award published by the. appropriate Government shall be
final and binding on the parties to dispute. Sec.17 -A provides that an award
(including arbitration award) shall become enforceable on the expiry of 30 days
from the date of its publication under Sec. 17. The award shall not become
object, (c) issuing commissions for the examination of witness and any such
matters as may be prescribed.. .
National Tribunals (Sec 78)
..
The Central Government may, by notification in the Official Gazette,
constitute one or more National Industrial Tribunals for the adjudication of
industrial disputes which, in the opinion of the Central Government involve
questions of national importance or are of such a nature that industrial
establishments situated in more than one State are likely to be interested in, or
affected by, such disputes.
A National Tribunal shall consist of one person only to be appointed by
the Central Government. In order to be qualified as a Presiding Officer of a
National Tribunal, a person must be or must have been a Judge of a High
Court, or must have held the office of the Chairman or any other member of the
Labour Appellate Tribunal for at least 2 years. The Central Government may
appoint two assessors to advise the National Tribunal, in proceeding before it.
.
Disqualifications for Presiding Officiers of Labour Courts, Tribunals And
National Tribunals (Sec.7 - C).
No person shall be appointed to, or continue in the office of the Presiding
Officer of a Labour Court, Tribunal or National Tribunal if (a) he is not an
independent person or (b) he has attained the age of sixty five years.
Filling of Vacancies (Sec. 8)
If a vacancy occurs in the office of the Presiding Officer of a Labour
Court, Tribunal or National Tribunal, the appropriate Government shall appoint
another person in accordance with the provisions of the Act. A vacancy
may arise due to transfer resignation or acquisition of any disqualification as
provided in Sec. 7 -C of the Act.
Finality of orders constituting boards (Sec. 9)
The main object of enacting Sec. 9 of the Industrial Disputes Act is to make
immune, any order of the appointment made under Sections 5 to 7 of the Act,
from being called in question. Therefore, no question can be raised whether an
appointment was legally and properly made or not. Sec. 9 (1) of the Act provides
that no order of the appropriate Government or of the Central Government
appointing any person as the Chairman or any other member of the Board or
Court, or as the Presiding officer of a Labour Court, Tribunal or National Tribunal
shall be called in question in any manner on the ground of merely of the
existence of any vacancy in, or defect in the constitution of such Board or Court.
Reference to grievance settlement authorities (Sec. 9-C)
A new Chapter II - B has been instead by Industrial Disputes
(Amendment) Act, 1982 whereby a new Sec. 9 - C has- been added But this
Chapter has not been enforced till now.
According to Sec. 9 - C:
and to what extent and subject to what conditions, of any, such costs are.
top be paid, and to give all necessary direction for the purpose aforesaid
and such costs may, on application made to the .appropriate Government
by the person entitled, be recovered by the Government in the same
manner as an arrear of land revenue.
(7) Every National Tribunal shall be deemed to be a Court for the purpose of
Sec. 480, 482 and 484 of the Criminal Procedure Code, 1948.
Note: The procedure and power of different authorities laid down under
Sec. 11 of the Act, are equally applicable in the case of Conciliation
Officers / Board, Court of Inquiry, Labour Court, And Tribunals.
Persons on whom settlement and awards are binding (Sec. 18)
For this purpose, settlements are classified into two catagories, namely
(i) Settlement arrived at otherwise than in the course of conciliation
proceedings, i.e. without the aid of statutory agency; and
(ii) settlement arrived at in the course of conciliation proceedings; Le. with
the aid of statutory agency.
In the first case, a settlement under Section 18(1) arrived at by
agreement between the employer and workmen otherwise than in the course of
conciliation proceedings, shall be binding on the parties to the agreement. But
any such settlement; in order to be binding must be signed by the parties there
to in the manner prescribed by rule and a copy of it must also be sent the
appropriate Government. .
In the second case Sec. 18 (2 and 3) provide that an arbitration award
which has become enforceable shall be binding on the parties to the agreement
who referred the disJ3ute to the arbitration. This section 18(3) provides that
(i) a settlement arrived at in the course of conciliation proceeding under
this Act.
(ii) an arbitration award in a case where a notification has been issued
under sub section (3-A) of Sec. 10-A; or
(iii) an award of a Labour Court, Tribunal or National Tribunal which has
become enforceable shall binding on;
(a) all parties to the in industrial dispute.
(b) all other parties summoned to appear in the proceedings as
parties to the. dispute,
(c) where a party referred to is an employer, his heirs, successors or
assigns in respect of the establishment in which the dispute relates.
(d) where a party referred to in clause (a) or (b) is composed of
workmen, all persons who were employed in the establishment or
part of the establishment, as the case may be, to which the
dispute relates on the date of the dispute and all persons who
subsequently become employed in that establishment or part
there of.
Certain matters to be kept confidential (Sec. 21)
This section of the Act. provides that certain matters are to be kept
confidential. Therefore, such things shall not be included in any report or award
made under the Act. Any information obtained by a Conciliation Officer, Board,
Court, Labour Court, Tribunal, National Tribunal or an Arbitrator in the course of
any investigation on inquiry, which relates to a Trade Union on any individual
business (whether carried on by a person, firm or company) which is not
available otherwise than through the evidence given before any such authority,
shall not be included in any report or award; if the parties concerned or in
question has made a request in writing to treat such information as confidential.
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
Section 10(1) of the Industrial Disputes Act.,1947 provides that where the
appropriate Government is of the opinion that any industrial dispute exists or
apprehended, it may, at any time:
(a) refer the dispute to a Board of conciliation for promoting a settlement
there of; or
(b) refer any matter appearing to be Connected with or relevant to the
dispute to a Court for Inquiry; or
(c) refer the dispute or any matter appearing to be connected with, or
relevant to the dispute to a Labour Court for adjudication provided the
dispute relates to any matter specified in the Second Schedule; or
(d) refer the dispute or any matter appearing to be connected with or
relevant to the dispute to a Tribunal for adjudication, where it relates to
any matter specified in the Second or Third Schedule., provided that:
(i) where the dispute relates to any matter specified in the Third
Schedule and is not likely to effect more than 100 workmen;
the appropriate Government may make the reference to a
Labour Court.
(ii) where the dispute in relation to which the Central Government is
the appropriate Government, it shall be competent for the
Government to refer the dispute to a Labour Court / Tribunal
constituted by the State Government
(iii) where the dispute relates to a public utility service and a notice
of strike or lockout under Sec. 22 has been the appropriate
Government shall be competent to refer the dispute to a
Labour Court or any Industrial Tribunal, Constituted by the
Government.
Under Sec.1 0(1-A), the Central Government may refer any dispute to a
National tribunal for adjudication, if it is the opinion that:
(i) any dispute exists or is appended; and
For the purpose of this chapter V-B, Sec. 25-L, defines (a) Industrial
establishment means:
(i) a factory as defined in clause (m) of Sec.2 of the Factories Act. 1948;
(ii) a mine as defined in clause (j) of sub-section (1) of Sec.2 of the Mines
Act, 1952; or
(iii) a plantation as defined in clause (f) of Sec.2 of the Plantations Labour
Act, 1951;
Prohibition of Lay-Off (Sec. 25-M)
No workman (other than a 'bad Ii' workman or a casual workman) whose
name is borne on the muster rolls of an industrial establishment to which this
Chapter V-B applies shall be laid off by employer except with the prior
permission of the appropriate Government or such authority as may be specified
by the Government by notification in official gazette (Sub.Sec.1).
Where the workman of an industrial establishment being a mine, have
been laid off under sub-section (1) above, for reasons of fire, flood or excess of
inflammable gas or explosion, the employer in relation to such establishment,
shall within a period of 30 days from the date of such lay-off apply in the
presented manner, to the Appropriate Government or the specified authority (Sub
Sec. (3))
Where an application for permission under Sub. See (1) and (3) has been
made to appropriate Government after making inquiry as it thinks fit and after
being heard to the employer, the workmen concerned and the person interested
in such lay off, grant or refuse to grant, permission. A copy of such order shall be
communicated to the employer and the workmen.
Conditions precedent to retrenchment of Workmen (Sec. 25-N) :
No workman employed in any industrial establishment, who has been in
continuous service for not less than one year under an employer shall be
retrenched by the employer, until the workman has been given three months
notice in writing indicating the reasons for retrenchment or the workman has
been paid wages in lien of notice period, if the period of notice has expired.
Procedure for closing down an undertaking (Sec. 25-0) :
An employer who intends to close down an undertaking of an industrial
establishment shall, in the prescribed manner, apply to the appropriate
Government for prior permission 90 days before the intended closure is to
become effective, stating the reasons for the intended closure. A copy of such
application shall also be served on the representative of the workmen in the
prescribed manner (Sub Sec. (1 )).
On receipt of application, the appropriate Government, makes inquiry as it
thinks fit and after giving reasonable opportunity of being hard to the employer,
the workman and the persons interested in such closure may grant or refuse to
grant permission, and a copy of such order shall be served to the employer and
the workmen.
Special Provisions as to Restarting of closed down undertaking
(Before Commencement of the Industrial Disputes (Amendment) Act, 1976,
(Sec. 25-P)
If the appropriate Government is of opinion in respect of any understanding of an
industrial establishment which was closed down before the commencement of
Amendment Act, 1976
(a) that it was closed down otherwise than on account of unavoidable
circumstance beyond the control of the employers;
(b) that there are possibilities of restarting the undertaking;
(c) that it is necessary for the rehabilitation of the workmen employed
before its closure or for the maintenance of supplies and services
essential to the life of the community to restart the undertaking; or both;
and (d) that the restarting of the undertaking will not result in hardship to
the employer in relation to the undertaking.
After it may after giving an opportunity to such employer and workmen,
the appropriate Government may direct by order published in official Gazette that
the undertaking shall be restarted within such time published in the official
Gazette, (not being less than one month from the date of order) as may be
specified in the order.
Penalty for Lay-Off and Retrenchment with Previous Permission (Sec. 25Q)
Any employer who contravenes the provision of Sec. 25 M or Sec. 25 N, shall
be punishable with imprisonment for a term which may extend to one month, or
with fine which may extend to Rs. 1000/-, or with both.
Penalty for Closure (Sec. 2 R)
Any employer who closes down an undertaking without complying with
the provisions of sub-section (1) of Sec. 25-0 shall be permissible with
imprisonment for a term which may extend to six months, o(with fine which may
extend to Rs. 5000/ -, or with both.
Similarly, any employer who contravenes an order refusing to grant
permission to close down an undertaking under sub-section (2) of Sec. 25-0 or a
direction given under Sec. 25-P, shall be permissible with imprisonment for a
term which may extend to Rs. 5000/-, or with both. Where the contravention
continuous further, with a further which may extend to Rs. 2000/- for every day
during the contravention continues after the conviction.
No employer or workmen or a Trade Union, whether registered under Trade
Union's Act, 1926, or not, shall commit any unfair labour practice (Sec. 25-T)
Any person who commits any unfair labour practice shall be punishable
with imprisonment for a term which may extend to six months or with fine which
may extend to Rs. 1000/- or with both.
Any person who commits any unfair labour practice shall be punishable
with imprisonment for a term which may extend to six months or with fine which
may extend to Rs. 1000/- or with both.
Unfair labour practices on the Part of Employers and Trade Unions of
Employers (as per New Schedule V added with Industrial Disputes
(Amendment) Act, 1982).
As defined in Schedule V, unfair trade practices are:
1. To interfere with, restrain from, or coerce, workmen in the exercise of
their rights to organise from, join or assist a trade union or to engage
in concerted activities for the purposes of collective bargaining or
other mutual aid or protection, that is to say
trade unions.
Unfair labour Practices on the part of Workmen and Trade Unions of
Workmen (as per New Schedule V added with Industrial Disputes
(Amendment) Act, 1982.
They include the following:
1. To advise or actively support or instigate any strike deemed to be illegal
under this Act.
2. To coerce workmen in the exercise of their right to self-organisation or
to join a trade union or restrain from joining any trade union, such as
:
(a) for a trade union or its members to picketing in such a manner
that non-striking workmen are physically debarred from entering
the work places;
(b) to indulge in acts of force or violence or to hold out threats of
intimidation in connection with a strike against non-striking
workmen or against managerial staff.
3. For a recognised union to refuse to bargain in good faith ..vith the
employer.
4. To indulge in coercive activities against certification of a bargaining
representative.
5. To stage demonstrations at the residence of the employers or the
managerial staff members.
6. To incite or indulge in wilful damage to employer's property connected
with the industry, etc.
Victimization
Victimization means one of two things. One is when the workmen
concerned is innocent and yet he is punished because he has in some way
displeased the employer. For example, by being an active member of the union
of workmen who were acting prejudicially to the interests of the employer1. The
second instance is where an employee has committed an offence but is given a
punishment quite out of prosportion to the gravity of the offence, simply because
he has incurred the displeasure of the employer, or where the punishment is
shockingly disproportion to the misconduct.
PENALTIES AND MISCELLANEOUS PROVISIONS
who wilfully disclose any such information and the disclosure must be in
contravention of the provisions of Sec.21.
Penalty for closure without notice (Sec.3D-A)
Any employer who closes down any undertaking without complying with
provisions of Sec. 25 FFA shall be punishable with imprisonment for a term
which may extend to six months or with fine, which may extend to Rs. 5000/-, or
with both.
Penalty for other offences (Sec. 31)
This section provides that at any employer who contravene the provisions
of Sec. 33 shall be punishable with imprisonment for a term which may extend to
six months or with fine which may extend to Rs. 1000/-, or with both (sub. Sec.1)
A Criminal Court has jurisdiction to try any employer for violation of Sec.
33 these two sections 31 and 33 are intended to protect the right of workmen
pending industrial dispute and for that purpose the employer is prohibited from
doing anything to the prejudice of workmen without express permission or
approval of the authorities before whom a reference is pending.
.
(Sec.33 ensures against victimization of workmen by the
employer).
Offence by companies etc. (sec.32).
This section provides that where a person committing an offence under
this Act. is a company, or other body corporate or an association of persons
(whether incorporated or not) every director manager, secretary, agent or other
officer or person concerned with management thereof shall, that the offence was
committed without his knowledge or consent, be deemed to be guilty of such
offence.
Conditions of service, etc. to remain unchanged (Sec. 33)
The purpose of this section is to maintain status quo during the pending
of certain proceeding under this Act. This section applies during the pendency of
the following proceedings:
(a) conciliation proceedings before a Conciliation Officer or Board.
(b) any proceeding before an Arbitrator; and
(c) any proceeding before Labour Court, Tribunal or National Tribunal.
Sec. 33(3)'of the Act deals with the right of protected workman. The
employer shall not take the following action against a "protected workman" in
regard to any matter connected with the pending dispute:
Special provision for adjudication as to whether conditions of service etc.
changed during the pendency of proceedings (Sec.33-A).
Where an employer contravenes the provisions of Sec. 33 du ring the
pendency of proceedings before a Conciliation Officer, Board, an Arbitrator,
a Labour Court, Tribunal or National Tribunal, an employee aggrieved by
such contravention may make compliant in writing, in the prescribed
manner, to such authority before it the matter is pending,
The object of Sec. 33 and 33-A is to protect workmen against victimization
by the employer.
Recovery of money due from an employer (Sec. 33-C)
This section deals with the proceeding for recovery of money due to a
workman from an employer under a settlement or an award or under the
provisions of Chapter VA or VB
The application for recovery of money due may be made to the
appropriate Government. If the Government is satisfied that the claim in
genuine it shall issue a certificate for that amount to the District Collector, who
shall recover the amount, as shown in the recovery certificate as an of land
revenue.
Every application for recovery shall be made within one year from the
date on which the money becomes due to the workman from the employer.
However, the appropriate Government may consider the application which was
presented even after one year if it is satisfied that the applicant had sufficient
reason for not making the application within the period of one year.
Cognizance of offences (Sec. 34).
This section provides that a Court shall take cognizance of any offence
punishable under this Act or of the abatement of any such offence, if a
compliant to that effect is made either:
(i) by the appropriate Government, or
(ii) under the authority of the appropriate Government. [sub sec. (1)]
Sub section (2), provides that any Court inferior to the Court of
Metropolitan
Magistrate or a Judicial Magistrate of tha first class shall not try any offence
punishable under this Act.
Protection of persons (Sec. 35).
No person refusing to take part or to continue to take part in any strike or
lockout which is illegal under the Act shall, by reason of such refusal or by
reason of any action taken by him under this section, be subject to expulsion
from any trade or society, or to any fine or penalty, or to deprivation of any right
or benefit to which he or his legal representatives would otherwise be entitled,
either directly or indirectly,
. under any disability or at any disadvantage as compared with other members
of the Union or Society, anything to the contrary in the rules of a trade union or
society notwithstanding.
This section further provides that nothing ill the rules of a Trade Union or
Society requiring the settlement of disputes shall apply to any proceeding for
enforcing any right or exemption secured by this section and in any such
proceeding, the Civil Court may, in lieu ordering a person who has been
expelled from membership of a Trade Union or Society to be restored to
membership, order that he be paid out of the Trade Union funds such sum by
way of compensation or damages as that Court thinks fit.
Representation of parties (Sec. 36)
Economic causes
Economic causes include questions pertaining to wages, bonus and
allowances, retrenchment of workmen by the employer retionalisation and
automation, faulty retrenchment system, leave and so on. Low wages,
1.
irrespective of rising prices, demand for a rise in D.A., intolerable working and
living conditions, issues pertaining to hours of work, etc. are some other
economic causes that provoked a number of strikes in India.
The worker factors responsible for industrial unrest have been: (1) Inter
union rivalries, (2) Economic and political environment that exercise adverse
effects on workers attitudes, and (3) Indiscipline amongst workers.
2. Managerial causes
Some of the causes of discontent are inherent in the industrial system,
itself
such as:
(1) Workers do not get any opportunity for self-expression; or
(2) Their social needs are not fulfilled; that is. the position of workers within in
informal qroups formed in jndustrial undertakings and problems of conflict within
the groups may not be taken into account.
(3)Lack of communication on one hand, between the workers and management
may turn petty quarrels into industrial unrest and on the other, the problem of
discipline in industrial units may assume serious dimensions.
The other managerial factors responsible for industrial unrest have been as
1. Mental inertia on the part of management and labour.
2. Management's general attitude of hatred towards their workers,
3..Lack of competence on the supervisor and other managers in human
relations.
4..Management's desire to pay comparatively lesser amount of bonus or
dearness allowance against the desire of workmen.
5. .Efforts to introduce modernisation without prior or appropriate environment.
6. Excessive work load and inadequate welfare facilities.
7. Defective policy of lay-off.
8. Denial of the workers right to recognize union.
9. Unfair practices like victimization or termination of services without
assigning any reasons.
10.Lack of definite wage policy and stabilization of prices.
12. Lack of a proper policy of union recognition.
13.Denial of worker's right to organise, etc.
Political causes
Industrial disputes are pertly political also. Some important political strikes I
organized by industrial workers in India. Prior to independence, as early , there
was a mass strike in Mumbai against the sentence of imprisonment strikes
occurred on account of actions taken against, for participating in
demonstrations, trial of political leaders, etc. After the independence also, some
stirkes have occurred owing to agitation's of political parties on questions like
re-organisation ation of States, National Language, etc. Percentage distribution
of industrial disputes by causes as published by the Ministry of Labour,
Impact/Effect/Consequences of Industrial Disputes
State and National levels. At the undertaking level, there are Joint Committees
or Joint Councils. At the industry level, there are Wage Boards and Industrial
Committees to deal with specific problems of workers that arose from time to
time in particular industries. At the State Level, the Labour Advisory Board
functions, and at the national level there are Indian Labour Committee, etc.
The functions of Joint Consultative Machinery in India have been the
prevention of disputes, reduction in mutual differences and friction, and creation
of a proper work climate in industry.
4. Industrial Employment Standing Orders: This is another
constructive step towards the prevention of industrial disputes which determine
the terms and conditions of industrial employment. Every worker should have
the knowledge about the terms and conditions in which he has been employed.
He is also expected to know the rules of discipline that is supposed to be
followed by him. This problem is solved by 'Standing Orders' in which terms and
conditions for employers and employees are prescribed. The provision for
'Standing orders was for the first time, made in the Bombay Industrial Disputes
Act, 1938. Thereafter, in order to define the condition of employment and to
make them known to the workmen, the Government enacted the Industrial
Employment (Standing Orders) Act, 1946. This Act applies to every industrial
establishment wherein 100 or more workers are employed or were employed on
any day of the preceding 12 months.
5. Code of Discipline: The Indian Labour Conference at its 15th Session
in 1957 evolved a 'Code of Industrial Discipline'. The Code voluntarily binds the
employers and workers to settle all grievances and disputes by mutual
negotiations, conciliation and voluntary arbitration. The main features of this
Code include the following.
(1) Both, employers and employees should recognise the rights and
responsibilities of each other.
(2) Neither party will have recourse to coercion, intimidation, litigation and
victimisation, but will settle all disputes through the existing machinery
for the settlement of industrial disputes.
(3) A mutually agreed procedure will be set up and both the parties will
abide by it without taking arbitrary action.
6. Collective Bargaining: It is a form of joint consultation, and a process
in which the representative of the employer and of the employees meet and
attempt to negotiate a contract governing the employer-employees union
relationship. It involves discussion and negotiation between the two groups as to
the terms and conditions of employment. The main object of collective bargaining
is to protect the interests of workers through collective action and by preventing
unilateral action on the part of the employer. It promotes industrial democracy.
7. Works committees: Works committees are the most suitable agency
for prevention of industrial disputes. In most of the countries like India, works
committees are required to the established through legislation.
According to Sec. 3 of the Industrial Disputes Act 1947, in the case of an
industrial establishment in which 100 or more workmen are employed or have
been