OBJECT

THE OBJECT OF THE INDUSTRIAL DISPUTE ACT, 1947 IS TO MAKE PROVISION FOR THE INVESTIGATION AND SETTLEMENT OF INDUSTRIAL DISPUTES AND FOR CERTAIN OTHER PURPOSES.  THE ACT IS PRIMARILY MEANT FOR REGULATING THE RELATIONS OF EMPLOYERS AND WORKMEN, PAST, PRESENT AND FUTURE.  THE PRINCIPLE AIM OF THIS ACT IS TO ENCOURAGE COLLECTIVE BARGAINING AND TO MAINTAIN INDUSTRIAL PEASE BY PREVENTING ILLEGAL STRIKE AND LOCKOUTS AND TO PROVIDE LAY-OFF AND RETRENCHMENT COMPENSATION.

MAIN FEATURE OS THE ACT
  

THE ACT EXTENDS TO WHOLE INDIA INCLUDING STATE OF JAMMU AND KASHMIR. IT IS APPLICABLE TO INDUSTRIES AND CERTAIN CATEGORIES OF INDUSTRIAL WORKERS. IT LYS DOWN A COMPREHENSIVE MACHINERY FOR THE PREVENTION AND SETTLEMENT OF INDUSTRIAL DISPUTES. THE MAIN EMPHASIS OF THE ACT IS ON COMPULSORY ADJUDICATION BESIDES CONCILIATION AND COMPULSORY ARBITRATION OF INDUSTRIAL DISPUTES. THE ACT EMPOWERS THE GOVERNMENT TO MAKE A REFERENCE OF THE DISPUTE TO AN APPROPRIATE AUTHORITY , VIZ. LABOUR COURT, INDUSTRIAL TRIBUNAL AND NATIONAL TRIBUNAL.

MAIN FEATURE OS THE ACT

 

AN AWARD SHALL BE BINDING ON BOTH THE PARTIES TO THE DISPUTES FOR THE SPECIFIED PERIOD NOT EXCEEDING ONE YEAR. IT SHALL BE NORMALLY ENFORCED BY THE GOVERNMENT. THE RIGHT TO STRIKE BY THE WORKERS AND LOCKOUT BY THE EMPLOYERS HAS BEEN SUBJECTED TI RESTRICTIONS AS LAID DOWN IN THE ACT AND SUCH RIGHTS ARE NOT ABSOLUTE RIGHTS. A MODEL GRIEVANCES REDRESSAL PROCEDURE HAS BEEN INCORPORATED IN THE ACT. CERTAIN PRACTICES ON THE PART OF EMPLOYERS AND WORKMEN HAVE BEEN DECLARED AS UNFAIR LABOUR PRACTICES. PROVISION HAS BEEN MADE FOR PENALTIES FOR THOSE INDULGING IN SUCH PRACTICES.

DEFINITIONS - APPROPRIATE
GOVERNMENT  THE CENTRAL GOVERNMENT AS WELL AS STATE GOVERNMENT ARE

VESTED WITH VARIOUS POWERS AND THE DUTIES IN RELATION TO MATTERS DEALT WITH IN THIS ACT. THE CENTRAL GOVERNMENT IS THE APPROPRIATE GOVERNMENT IN RESPECT OF INDUSTRIAL DISPUTES ARISING IN THE FOLLOWING INDUSTRIES:Any industry carried on by or under the authority of Central Government. Any industry carried on by a railway company. Such controlled industry as may be specified by the Central Government ; Dock Labour Board ; The Industrial Finance Corporation of India Limited ; The Employee's State Inurance Corporation; Board of Trustees constituted under the Coal Mines Provident Fund and Miscellaneous Provisions Act 1948 ; Central Board of Trustees and the State Boards of Trustees constituted under the Employees' Provident Fund and Miscellaneous Provisions Act 1952 ; The Indian Airlines and Air India Corporation; The Life Insurance Corporation of India ; Oil and Natural Gas Corporation Limited;

          

DEFINITIONS - APPROPRIATE
GOVERNMENTand Credit Guarantee Corporation ; '13. Central  Deposit Insurance
     

     

Warehousing Corporation; The Unit Trust of India; Food Corporation of India; Airports Authority of India ; Regional Rural Banks; Export Credit and Guarantee Corporation Ltd ; Industrial Reconstruction Corporation of India Ltd ; '20. A Banking Company ; An Insurance Company ; A mine ; An oil-field ; Cantonment Board ; A major port. IN RELATION TO ANY INDUSTRIAL DISPUTE OTHER THAN THOSE SPECIFIED ABOVE, THE APPROPRIATE GOVERNMENT BE THE STATE GOVERNMENT. THE GENERAL RULE IS THAT AN INDUSTRIAL DISPUTE ARISING BETWEEN AN R AND HIS EMPLOYEES, WOULD BE REFERRED FOR ADJUDICATION BY THE STATE GOVERNMENT EXCEPT IN THE MENTIONED ABOVE.

DEFINITIONS - AVERAGE PAY
This clause lays down the manner of calculating the average pay for the purpose of payment of compensation at the time of retrenchment of a workman.  The determination of average pay is to be 'in a different way in the case of (;) monthly paid workmen, (ii) weekly paid workmen, and (iii) paid workmen.  The average pay is calculated in the following manner for the different categories workers.

 In the case of monthly paid workmen, the average of

the wages paid for three complete calendar months.  In the case of weekly paid workmen, the average of the wages paid for four complete weeks; .  In the case of daily paid workmen, the average of the wages paid for twelve full working days. ,

DEFINITIONS

A AWARD IS AN INTERIM OR FINAL DETERMINATION;  OF AN INDUSTRIAL DISPUTE OR ANY QUESTION RELATING THERE TO

; AND  BY A LABOUR COURT, INDUSTRIAL TRIBUNAL, NATIONAL INDUSTRIAL TRIBUNAL OR AN ARBITRATOR UNDER SECTION 10-A

BANKING COMPANY [SEC. 2 (B)] A BANKING COMPANY TO FALL WITHIN THE MEANING OF THE TERM HAS TO SATISFY TWO CONDITIONS, NAMELY;  IT SHOULD BE A BANKING COMPANY AS DEFINED IN SECTION 5 OF THE BANKING COMPANIES ACT, 1949.  IT SHOULD HAVE BRANCHES OR ESTABLISHMENTS IN MORE THAN ONE STATE.  THE FOLLOWING INSTITUTIONS HAVE BEEN SPECIFICALLY INCLUDED IN THIS DEFINITION BY THE ACT.
 
      

THE EXPORT-IMPORT BANK OF INDIA. INDUSTRIAL RECONSTRUCTION BANK OF INDIA. THE INDUSTRIAL DEVELOPMENT BANK OF INDIA. THE SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA. THE RESERVE BANK OF INDIA. THE STATE BANK OF INDIA. ANY SUBSIDIARY BANK AS DEFINED IN THE STATE BANK OF INDIA. (SUBSIDIARY BANK) ACT 1959 .

DEFINITIONS
 

  


 

INDUSTRY [SEC. 20)] THE DEFINITION OF 'INDUSTRY' HAS BEEN THE SUBJECT OF MUCH DISCUSSION FROM TIME TO TIME CULMINATING ULTIMATELY IN BANGALORE WATER SUPPLY AND SEWARAGE BOARD V. RAJAPPA (AIR 1978 SC 548)• THE JUDGMENT OF THE SUPREME COURT IN THIS CASE PAVED THE GROUND FOR AMENDING THE DEFINITION OF INDUSTRY. THE INDUSTRIAL DISPUTES ACT, 1947 WAS AMENDED IN 1982 AND THE NEW DEFINITION WAS INCORPORATED. IT MEANS ANY SYSTEMATIC ACTIVITY CARRIED ON BY COOPERATION BETWEEN AN EMPLOYER AND HIS WORKMEN WHETHER SUCH WORKMEN ARE EMPLOYED BY SUCH EMPLOYER DIRECTLY OR BY OR THROUGH ANY AGENCY INCLUDING A CONTRACTOR FOR THE PRODUCTION, SUPPLY OR DISTRIBUTION OF GOODS OR SERVICES WITH A VIEW TO SATISFY HUMAN WANTS OR WISHES (NOT BEING WANTS OR WISHES WHICH ARE MERELY SPIRITUAL OR RELIGIOUS IN NATURE), WHETHER OR NOT(I) ANY CAPITAL HAS BEEN INVESTED FOR THE PURPOSE OF CARRYING ON SUCH ACTIVITY ; OR (II) SUCH ACTIVITY IS CARRIED ON WITH A MOTIVE TO MAKE ANY GAIN OR PROFIT, AND INCLUDES(A) ANY ACTIVITY OF THE DOCK LABOUR BOARD ESTABLISHED UNDER SECTION 5A OF THE DOCK WORKERS (REGULATION 'OF EMPLOYMENT) ACT, 1948 ;

DEFINITIONS

(B) ANY ACTIVITY RELATING TO THE PROMOTION OF SALES OR BUSINESS OR BOTH CARRIED ON BY AN ESTABLISHMENT, BUT DOES NOT INCLUDE ;
 ANY AGRICULTURAL OPERATION EXCEPT WHERE SUCH AGRICULTURAL

  

 

 

OPERATION IS CARRIED ON IN AN INTEGRATED MANNER WITH ANY OTHER ACTIVITY (BEING ANY SUCH ACTIVITY AS IS REFERRED TO IN THE FOREGOING PROVISIONS OF THIS CLAUSE) AND SUCH OTHER ACTIVITY IS THE PREDOMINANT ONE; OR HOSPITALS OR DISPENSARIES ; OR EDUCATIONAL, SCIENTIFIC, RESEARCH OR TRAINING INSTITUTIONS; OR INSTITUTIONS OWNED OR MANAGED BY ORGANISATIONS WHOLLY OR SUBSTANTIALLY ENGAGED IN ANY CHARITABLE, SOCIAL OR PHILANTHROPIC SERVICE OR KHADI OR VILLAGE INDUSTRIES; OR ANY ACTIVITY OF THE GOVERNMENT RELATABLE TO THE SOVEREIGN FUNCTION OF THE GOVERNMENT INCLUDING ALL THE ACTIVITIES CARRIED ON BY THE DEPARTMENTS OF THE CENTRAL GOVERNMENT DEALING WITH DEFENCE, RESEARCH, ATOMIC ENERGY AND SPACE ; OR ANY DOMESTIC SERVICE ; OR ANY ACTIVITY, BEING A PROFESSION PRACTICED BY AN INDIVIDUAL OR BODY OF INDIVIDUALS, IF THE NUMBER OF PERSONS EMPLOYED BY THE INDIVIDUAL OR BODY OF INDIVIDUALS IN RELATION TO SUCH PROFESSION IS LESS THAN TEN ; OR ANY ACTIVITY, BEING AN ACTIVITY CARRIED ON BY A CO- OPERATIVE SOCIETY OR ANY OTHER LIKE BODY OF INDIVIDUALS, IF THE NUMBER OF PERSONS EMPLOYED BY THE CO-OPERATIVE SOCIETY, CLUB OR OTHER LIKE BODY OF INDIVIDUALS IN RELATION TO SUCH ACTIVITY IS LESS THAN TEN.

DEFINITIONS

 

INDUSTRIAL DISPUTE [SEC. 2. (K)) IT MEANS ANY DISPUTE OR DIFFERENCE BETWEEN EMPLOYERS AND EMPLOYER, OR BETWEEN EMPLOYERS AND WORKMEN OR BETWEEN WORKMEN AND WORKMEN WHICH IS CONNECTED WITH THE EMPLOYMENT OR NON-EMPLOYMENT OR THE TERMS OF EMPLOYMENT OR WITH THE CONDITIONS OF LABOUR OF ANY PERSON. THE DEFINITION OF 'INDUSTRIAL DISPUTE' GIVEN ABOVE CAN BE DIVIDED INTO THE FOLLOWING PARTS. THERE MUST BE SOME DIFFERENCE OR DISPUTE. THE DIFFERENCE OR DISPUTE MUST BE BETWEEN
 EMPLOYERS AND EMPLOYERS; OR  EMPLOYERS AND WORKMEN; OR  WORKMEN AND WORKMEN.

DEFINITIONS

THE DISPUTE SHOULD BE CONNECTED WITH (A) THE EMPLOYMENT OR NON-EMPLOYMENT; OR  (B) THE TERMS OF EMPLOYMENT ; OR  (C) THE CONDITIONS OF LABOUR OF EACH PERSON.


THE DISPUTE SHOULD RELATE TO AN 'INDUSTRY' AS DEFINED IN SECTION 2(J). THE EXPRESSION DISPUTE OR DIFFERENCE MEANS A CONTROVERSY FAIRLY DEFINITE AND OF REAL SUBSTANCE. IT MUST BE CONNECTED WITH
 THE EMPLOYMENT OR NON-EMPLOYMENT OR  WITH THE TERMS OF EMPLOYMENT OR  CONDITIONS OF LABOUR OF ANY PERSON.


THE DISPUTE MUST BE AN EXISTING ONE. AGAIN FOR A DISPUTE TO BE AN INDUSTRIAL DISPUTE, IT IS NECESSARY THAT A DEMAND MUST BE FIRST RAISED BEFORE THE MANAGEMENT AND REJECTED BY THEM.

DEFINITIONS
 

LAY-OFF [SEC. 2(KKK))] IT MEANS THE FAILURE, REFUSAL OR INABILITY OF AN EMPLOYER ON ACCOUNT OF THE SHORTAGE OF COAL, POWER OR RAW MATERIALS OR THE ACCUMULATION OF STOCKS OR THE BREAKDOWN OF MACHINERY OR NATURAL CALAMITY OR FOR ANY OTHER CONNECTED REASON TO GIVE EMPLOYMENT TO A WORKMAN WHOSE NAME IS BORNE ON THE MUSTER ROLLS OF HIS INDUSTRIAL ESTABLISHMENT AND WHO HAS NOT BEEN RETRENCHED. THE ABOVE DEFINITION MAY BE CONSIDERED UNDER THE FOLLOWING THREE HEADS THERE MUST BE FAILURE, REFUSAL OR INABILITY ON THE PART

OF THE EMPLOYER TO GIVE WORK TO THE WORKMAN.  THE FAILURE, REFUSAL OR INABILITY OF THE EMPLOYER TO GIVE WORK TO A WORKMAN MUST BE ON ACCOUNT OF○ SHORTAGE

OF COAL, POWER OR RAW MATERIALS OR ACCUMULATION OF STOCK; OR BREAKDOWN OF MACHINERY, OR NATURAL CALAMITY. ○ ANY OTHER CONNECTED REASON.

 THE WORKMEN LAID OFF MUST BE ON THE MUSTER ROLL

OF THE ESTABLISHMENT ON THE DAY OF LAY-OFF AND MUST NOT HAVE BEEN RETRENCHED.

DEFINITIONS
 

LOCK-OUT [SEC. 2(L)) IT MEANS TEMPORARY 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. UNDER THE PRESENT DEFINITION, TWO ALTERNATIVE ACTS OF THE EMPLOYER CONSTITUTE A LOCK-OUT.
 (1)

TEMPORARY CLOSING OF A PLACE OF EMPLOYMENT OR SUSPENSION OF WORK.  IT MAY BE DESCRIBED AS THE WITHHOLDING OF WORK BY AN EMPLOYER FROM HIS EMPLOYEES IN ORDER TO GAIN A CONCESSION FROM THEM.  IN A LOCK-OUT THE EMPLOYER CLOSES HIS PLACE OF EMPLOYMENT TEMPORARILY WITHOUT FORMALLY DISCHARGING HIS EMPLOYEES.
 (2)

REFUSAL BY THE EMPLOYER TO CONTINUE TO EMPLOY ANY NUMBER OF PERSONS EMPLOYED BY HIM.  THESE WORDS DO NOT MEAN DISCHARGE OF THE WORKMEN.  IT MEANS A REFUSAL OR AN INTENTION NOT TO PAY.  IT WILL NOT TO BE A LOCK-OUT IF THE EMPLOYER PAYS THE WORKMEN BUT DOES NOT GIVE THEM ANY WORK.

DEFINITIONS

RETRENCHMENT [SEC. 2(Q)) IT MEANS THE DISCHARGE OF SURPLUS LABOUR OR STAFF BY THE EMPLOYER FOR ANY REASON WHATSOEVER, OTHERWISE THAN AS A PUNISHMENT INFLICTED BY WAY OF DISCIPLINARY ACTION. IT DOES NOT INCLUDE THE FOLLOWING VOLUNTARY RETIREMENT ;  RETIREMENT OF WORKMAN ON REACHING THE AGE

OF SUPERANNUATION;  TERMINATION OF SERVICE OF THE WORKMAN AS A RESULT OF NON RENEWAL OF THE CONTRACT OF EMPLOYMENT BETWEEN THE EMPLOYER AND THE WORKMAN CONCERNED ON ITS EXPIRY OR OF SUCH CONTRACT BEING TERMINATED UNDER A STIPULATION IN THAT BEHALF CONTAINED THEREIN; OR  CONTINUED ILL-HEALTH.

DEFINITIONS

SETTLEMENT [SEC. 2(P)] THERE ARE TWO MODES OF SETTLING INDUSTRIAL DISPUTES BETWEEN THE EMPLOYER AND WORKMEN:
 BY

A SETTLEMENT ARRIVED AT IN THE COURSE OF CONCILIATION PROCEEDINGS, AND  BY A SETTLEMENT OTHERWISE THAN IN THE COURSE OF CONCILIATION PROCEEDINGS.

IN THE CASE OF A SETTLEMENT ARRIVED AT IN THE COURSE OF CONCILIATION PROCEEDINGS, NOTHING IS TO BE DONE EITHER BY THE EMPLOYER OR BY THE WORKMEN. BUT IN THE CASE OF A SETTLEMENT ARRIVED AT OTHERWISE THAN IN THE COURSE OF CONCILIATION PROCEEDINGS, SOME FURTHER STEPS HAVE TO BE TAKEN. THESE STEPS ARE :
 THE AGREEMENT IS TO BE SIGNED BY THE PARTIES IN SUCH

MANNER AS MAY BE PRESCRIBED.  A COPY OF THE AGREEMENT IS TO BE SENT TO AN OFFICER AUTHORISED IN THIS BEHALF BY THE APPROPRIATE GOVERNMENT AND THE CONCILIATION OFFICER.

DEFINITIONS
STRIKE [SEC. 2 (Q)] STRIKE IS A LEGITIMATE WEAPON IN THE HANDS OF THE WORKMEN TO BE USED BY THEM FOR ASSERTING THEIR BARGAINING POWER.  THE RIGHT TO STRIKE IS AN INHERENT RIGHT OF EVERY WORKER.  BUT IT IS TO BE USED AS A LAST RESORT WHEN ALL OTHER AVENUES FOR SETTLEMENT OF INDUSTRIAL DISPUTES HAVE PROVED FUTILE.  IT MEANS "A CESSATION OF WORK BY A BODY OF PERSONS EMPLOYED IN ANY INDUSTRY ACTING IN COMBINATION, OR A CONCERTED REFUSAL OR A REFUSAL UNDER A COMMON UNDERSTANDING OF ANY NUMBER OF PERSONS WHO ARE OR HAVE BEEN SO EMPLOYED TO CONTINUE TO WORK OR TO ACCEPT EMPLOYMENT."  THE FOLLOWING ARE THE ESSENTIAL FEATURES OF A 'STRIKE' AS PER THE ABOVE DEFINITION 

 THERE SHOULD BE CESSATION OF WORK ;  SUCH CESSATION OF WORK SHOULD BE BY A BODY OF PERSONS

EMPLOYED IN ANY INDUSTRY ACTING IN COMBINATION ; OR  THERE SHOULD BE A CONCERTED REFUSAL OR A REFUSAL UNDER A COMMON UNDERSTANDING; AND  THE PERSONS REFUSING SHOULD BE THOSE WHO ARE OR HAVE BEEN EMPLOYED AND THE OBJECT OF SUCH REFUSAL SHOULD BE NOT TO CONTINUE THE WORK OR TO ACCEPT EMPLOYMENT.

THERE CAN BE NO STRIKE WITHIN THE MEANING OF THIS ACT UNLESS THE ESTABLISHMENT IN WHICH THE STRIKING PERSONS ARE EMPLOYED IS AN 'INDUSTRY'.  THERE CAN BE NO 'STRIKE' AFTER AN INDUSTRY HAS BEEN CLOSED.

DEFINITIONS

WAGES (SEC 2(S)

IT MEANS ALL REMUNERATION CAPABLE OF BEING EXPRESSED IN TERMS OF MONEY WHICH WOULD IF THE TERMS OF EMPLOYMENT WERE FULFILLED BE PAYABLE TO A WORKMAN IN RESPECT OF HIS EMPLOYMENT OR OF WORK DONE IN SUCH EMPLOYMENT.  ACCORDING TO THE DEFINITION OF THE TERM 'WAGES' GIVEN IN THE ACT THE FOLLOWING ARE THE ESSENTIAL:
 REQUIREMENTS WHICH HAVE TO BE FULFILLED BEFORE    

A PAYMENT CAN BE CALLED WAGES. IT SHOULD BE BY WAY OF REMUNERATION ; IT SHOULD BE CAPABLE OF BEING EXPRESSED IN TERMS OF MONEY; IT SHOULD BE PAYABLE TO A WORKMAN IN RESPECT OF HIS EMPLOYMENT OR WORK DONE IN SUCH EMPLOYMENT IT SHOULD BE PAYABLE IF THE TERMS OF EMPLOYMENT ARE FULFILLED.

DEFINITIONS
 

WORKMAN [SEC. 2(S))

THE TERM MEANS ANY PERSON (INCLUDING AN APPRENTICE) EMPLOYED IN ANY INDUSTRY TO DO ANY SKILLED OR UNSKILLED, MANUAL, SUPERVISORY, TECHNICAL OR CLERICAL WORK FOR HIRE OR REWARD, WHETHER THE TERMS OF EMPLOYMENT BE EXPRESSED OR IMPLIED.  THE DEFINITION INCLUDES ANY

PERSON WHO HAS BEEN DISMISSED, DISCHARGED OR RETRENCHED IN CONNECTION WITH AN INDUSTRIAL DISPUTE  ANY PERSON, WHOSE DISMISSAL, DISCHARGE OR RETRENCHMENT HAS LED TO THE DISPUTE. THE DEFINITION EXCLUDES○ ANY PERSON SUBJECT TO AN ARMY ACT, AIR FORCE ACT OR THE

NAVY ACT, OR ○ ANY PERSON IN THE POLICE SERVICE OR AN EMPLOYEE OF A PRISON; OR ○ ANY PERSON EMPLOYED IN A MANAGERIAL OR ADMINISTRATIVE CAPACITY: OR ○ ANY PERSON IN SUPERVISORY CAPACITY DRAWING WAGES MORE THAN RUPEES ONE THOUSAND SIX HUNDRED PER MONTH OR EXERCISING FUNCTIONS MAINLY OF A MANAGERIAL NATURE.

THE INGREDIENTS OF WORKMEN AS DEFINED ABOVE ARE   

THE PERSON MUST BE EMPLOYED. HE MUST BE EMPLOYED IN ANY INDUSTRY (AS DEFINED IN THE ACT). THE WORK MUST BE FOR HIRE OR REWARD. THE PERSON EMPLOYED MUST BE DOING SKILLED OR UNSKILLED,

MODE OF SETTLEMENT OF DISPUTES

THE MAIN OBJECT OF INDUSTRIAL DISPUTES ACT IS INVESTIGATION AND SETTLEMENT OF INDUSTRIAL DISPUTES. WITH THAT OBJECT IN VIEW VARIOUS AUTHORITIES HAVE BEEN CREATED UNDER THE ACT. THE ACT PROVIDES FOR THE FOLLOWING MODES OF SETTLEMENT OF INDUSTRIAL DISPUTES.
 VOLUNTARY SETTLEMENT AND CONCILIATION (AUTHORITIES

UNDER THE ACT).  ADJUDICATION, (WITH THE HELP OF COURTS) AND  ARBITRATION (WITH THE HELP OF THIRD PARTIES).

Voluntary Settlement in Conciliation
WORKS COMMITTEE  THE WORKS COMMITTEE AS AN INSTRUMENT FOR PEACEFUL SETTLEMENT OF INDUSTRIAL DISPUTE HAS BEEN INTRODUCED IN INDIA FOR FIRST TIME UNDER THE INDUSTRIAL DISPUTE ACT, 1947  CONSTITUTION: SECTION 3 OF THE ACT EMPOWERS THE APPROPRIATE GOVERNMENT TO CONSTITUTE A WORK COMMITTEE  THERE ARE TWO CONDITIONS WHICH MUST BE SATISFIED BEFORE A WORKS COMMITTEE CAN BE CONSTITUTED.

 THE ESTABLISHMENT MUST BE AN INDUSTRIAL ESTABLISHMENT  ONE HUNDRED OR MORE WORKMEN SHOULD EITHER BE

PRESENTLY EMPLOYED OR SHOULD HAVE BEEN EMPLOYED ON ANY DAY IN THE PRECEDING TWELVE MONTHS.

THE WORKS COMMITTEE MUST BE COMPOSED OF THE REPRESENTATIVES OF THE EMPLOYERS AND THE WORKMEN ENGAGED IN THE INDUSTRIAL ESTABLISHMENT AND MUST BE EQUAL IN NUMBER

Voluntary Settlement in Conciliation

 

WORKS COMMITTEE
FUNCTIONS AND DUTIES: THE WORKS COMMITTEES ARE REQUIRED TO PROMOTE MEASURES FOR SECURING AND PRESERVING GOOD RELATIONS BETWEEN THE EMPLOYER AND HIS WORKMEN. THE WORKS COMMITTEE SHALL MEET AND DISCUSS MATTERS OF COMMON INTEREST AND MAKE EFFORTS TO SETTLE DIFFERENCES IN RESPECT OF SUCH MATTERS. THE WORKS COMMITTEES ARE NORMALLY CONCERNED WITH THE PROBLEMS ARISING IN THE DAY-TO-DAY WORKING OF THE ESTABLISHMENT, FOR INSTANCE, MATTERS CONCERNING THEIR WELFARE, TRAINING, WAGES, HOURS OF WORK, BONUS, HOLIDAYS WITH PAY ETC. THE DECISIONS OF THE WORKS COMMITTEES, THOUGH CARRY GREAT WEIGHT ARE NOT BINDING EITHER ON THE EMPLOYER OR WORKMEN. WORKS COMMITTEES ARE NOT INTENDED TO BE SUBSTITUTE FOR TRADE UNIONS. THE SUCCESS OF SUCH COMMITTEES LIES IN THE EFFORTS OF BOTH THE PARTIES. THEY ARE VIEWED AS A PREVENTION WHICH IS BETTER THAN CURE.

Voluntary Settlement in Conciliation

  

CONCILIATION OFFICERS A 'CONCILIATION OFFICER' MEANS A CONCILIATION OFFICER APPOINTED UNDER THE INDUSTRIAL DISPUTES ACT, 1947. THE DUTY OF CONCILIATION OFFICERS IS TO MEDIATE AND PROMOTE THE SETTLEMENT OF INDUSTRIAL DISPUTES. APPOINTMENT: IT IS DISCRETIONARY ON THE PART OF APPROPRIATE GOVERNMENT TO APPOINT CONCILIATION OFFICERS. THE ACT MAKES CONCILIATION COMPULSORY IN ALL DISPUTES IN PUBLIC UTILITY SERVICES AND OPTIONAL IN OTHER INDUSTRIAL ESTABLISHMENTS. CONCILIATION OR MEDIATION IS A PROCEDURE WHICH ENDEAVOURS TO SETTLE A CONTROVERSY BY ASSISTING PARTIES TO REACH A VOLUNTARY AGREEMENT AND THE ULTIMATE DECISION IS MADE BY THE PARTIES THEMSELVES.

Voluntary Settlement in Conciliation

DUTIES OF CONCILIATION OFFICERS (SECTION 12). THE CONCILIATION OFFICER MAY HOLD CONCILIATION PROCEEDINGS IN THE PRESCRIBED MANNER WHERE AN INDUSTIRAL DISPUTE EXISTS OR IS APPREHENDED. IN REGARD TO INDUSTRIAL DISPUTE RELATING TO A PUBLIC UTILITY SERVICE, WHERE NOTICE UNDER SECTION 22 HAS BEEN GIVEN THE CONCILIATION OFFICER SHALL HOLD CONCILIATION PROCEEDINGS IN RESPECT OF IT. SECTION 12(2) IMPOSES A DUTY ON CONCILIATION OFFICER TO INVESTIGATE DISPUTES WITHOUT DELAY AND EMPOWERS HIM TO DO ALL SUCH THINGS AS HE THINKS FIT FOR THE PURPOSE OF INDUCING THE PARTIES TO ARRIVE AT A FAIR AND AMICABLE SETTLEMENT OF THE DISPUTE. WHERE THE CONCILIATION OFFICER SUCCEEDS IN BRINGING ABOUT A SETTLEMENT, HE IS REQUIRED TO MAKE A REPORT TO THE APPROPRIATE GOVERNMENT OR ITS AUTHORISED OFFICER TOGETHER WITH A MEMORANDUM OF SETTLEMENT SIGNED BY THE PARTIES TO THE DISPUTE.

Voluntary Settlement in Conciliation

DUTIES OF CONCILIATION OFFICERS (SECTION 12). IF THE EFFORTS TO BRING ABOUT SETTLEMENT FAIL, THEN THE CONCILIATION OFFICER IS REQUIRED TO MAKE A REPORT TO THE APPROPRIATE GOVERNMENT. WHILE MAKING SUCH REPORT HE IS TO GIVE A FULL STATEMENT OF FACTS AND CIRCUMSTANCES AND THE REASONS ON ACCOUNT OF WHICH, IN HIS OPINION, A SETTLEMENT COULD NOT BE ARRIVED AT. WHERE A CONCILIATION OFFICER REPORTED UNDER SECTION 12(4) THAT NO SETTLEMENT COULD BE ARRIVED AT HE WILL NOT BE DEBARRED FROM MAKING FURTHER EFFORTS TO BRING ABOUT SETTLEMENT BETWEEN THE MANAGEMENT AND THE WORKMEN. THE CONCILIATION OFFICER MUST SUBMIT THE REPORT WITHIN FOURTEEN DAYS OF THE CONCILIATION PROCEEDINGS OR WITHIN SUCH SHORTER PERIOD AS MAY BE FIXED BY THE APPROPRIATE GOVERNMENT. THE PERIOD FOR SUBMISSION OF THE REPORT CAN BE EXTENDED BY THE AGREEMENT OF THE PARTIES SUBJECT TO THE APPROVAL OF CONCILIATION OFFICER.

Voluntary Settlement in Conciliation

 

Board of Conciliation The word 'Board' means a Board of Conciliation constituted under this Act. The Board shall consist of a chairman and two or four other members as the appropriate government thinks fit. The chairman of the Board must be an independent person. The members appointed shall be in equal numbers to represent the parties to the dispute. Where the appropriate government is of the opinion that any industrial dispute exists or is apprehended it may at any time by order in writing refer the dispute to a Board for promoting a settlement thereof. Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately for a reference of the dispute to a Board, the appropriate government if satisfied that the persons applying represent the majority of each party shall make the reference accordingly. Where an industrial dispute has been referred to a Board the appropriate government may be order prohibit the continuance of any strike or lock out in connection with such dispute which may be in existence on the date of the reference.

Voluntary Settlement in Conciliation

 

Duties of Board of Conciliation Board is required to investigate without delay the dispute and all matters affecting the merits of the dispute. If a settlement is arrived at, the Board is required to send a report to the appropriate government together with a memorandum of settlement duly signed by the parties to the dispute. In the event of failure, the Board is required to send a failure report to the appropriate government setting out therein the proceedings and steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and efforts made by it to achieve settlement. The report is also required to contain full statement of the Board's findings thereon, the reasons for which a settlement could not be arrived at and its recommendations for the determination of the dispute. The Board must submit its report within two months from the date on which the dispute is referred to it or such shorter period as may be fixed by the appropriate government. The appropriate government may extend the time for the submission of the report by not more than two months in the aggregate and may further extend the period if all the parties agree to that in writing.

Voluntary Settlement in Conciliation

Conciliation officer compared with Board of conciliation It will be seen that where conciliation fails, Board of conciliation takes over. The functions of the Board are the same as those of the conciliation officer. But there are certain differences between the two which are as follows :
 The conciliation officer is an individual public servant while the Board consists of three 

or five persons. The conciliation officer may be appointed for a specified area or for specified industries in a specified area. However no such provisions exist in the case of the Board. The conciliation officer holds the conciliation proceedings of his own accord when any industrial dispute exists or is apprehended, but the machinery of the Board is set in motion when a dispute is referred to it. If no settlement is arrived at, the conciliation officer is required to send a report stating the facts and circumstances, the steps taken and the reasons why no settlement was arrived at. In addition to his duty of a conciliation officer, the Board has to suggest the remedy for the determination of the dispute. The time for the submission of the report to the appropriate government in the case of conciliation proceedings by the conciliation officer is 14 days while it is two months in the case of the Board. The members of the Board of Conciliation act in a judicial capacity and enjoy more powers than conciliation officers.

Adjudication (with the help of Courts)
 

LABOUR COURTS FUNCTIONS: THE FUNCTIONS OF LABOUR COURTS ARE TO

ADJUDICATE THE INDUSTRIAL DISPUTES RELATING TO MATTERS SPECIFIED IN THE SECOND SCHEDULE OF THE ACT;  TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE ASSIGNED TO THEM UNDER THIS ACT. 


ADJUDICATION MEANS A MANDATORY OR COMPULSORY SETTLEMENT OF INDUSTRIAL DISPUTES BY LABOUR COURTS OR INDUSTRIAL TRIBUNALS OR NATIONAL TRIBUNALS UNDER THE INDUSTRIAL DISPUTES ACT. JURISDICTION THE SECOND SCHEDULE PROVIDES FOR THE MATTERS RELATING TO INDUSTRIAL DISPUTES WHICH SHALL BE ADJUDICATED BY THE LABOUR COURTS. BUT THE FIRST PROVISION TO SECTION 10(1) LAYS DOWN THAT WHERE THE DISPUTES RELATES TO A MATTER SPECIFIED IN THE THIRD SCHEDULE, IF IT IS NOT LIKELY TO AFFECT MORE THAN HUNDRED WORKMEN, IT CAN BE REFERRED TO A LABOUR COURT.

Adjudication (with the help of Courts)
  

LABOUR COURTS THE SECOND SCHEDULE THE MATTERS SPECIFIED IN THE SECOND SCHEDULE ARE THE PROPRIETY OR LEGALITY OF AN ORDER PASSED BY AN EMPLOYER


  


UNDER THE STANDING ORDERS THE APPLICATION AND INTERPRETATION OF STANDING ORDERS; DISCHARGE OR DISMISSAL OF WORKMEN INCLUDING REINSTATEMENT OF OR GRANT OF RELIEF TO WORKMEN WRONGFULLY DISMISSED ; WITHDRAWAL OF ANY CUSTOMARY CONCESSION OR PRIVILEGE; ILLEGALITY OR OTHERWISE OF A STRIKE OR LOCK-OUT; AND ALL MATTERS OTHER THAN THOSE SPECIFIED IN THE THIRD SCHEDULE.

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LABOUR COURTS Presiding Officer and his qualifications (a) he is, or has been a judge of a high court; or (b) he has for a period of not less than three years, been a district judge or an additional dis . judge; or (c) he has held any judicial office in India at least for seven years, or (d) he has been the presiding officer of a labour court constituted under any Provincial Act State Act for not less than five years.

Adjudication (with the help of Courts)
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TRIBUNALS FUNCTIONS: INDUSTRIAL TRIBUNALS ARE CONSTITUTED FOR THE ADJUDICATION OF INDUSTRIAL DISPUTES RELATED TO ANY MATTER SPECIFIED IN THE SECOND SCHEDULE OR THE THIRD SCHEDULE. WHEREAS A LABOUR COURT CAN ADJUDICATE AN INDUSTRIAL DISPUTE RELATING TO MATTERS IN SCHEDULE THE INDUSTRIAL TRIBUNAL CAN ADJUDICATE DISPUTES RELATING TO MATTER CONTAINED IN BOTH SCHEDULES II III. THUS THERE IS A CONCURRENT JURISDICTION OF THE LABOUR COURT AND THE INDUSTRIAL TRIBUNAL IN RESPECT ANY MATTER INCLUDED IN THE SECOND SCHEDULE. HOWEVER, THE FIRST PROVISION TO SECTION 10(1) LAYS DOWN THAT WHERE THE DISPUTE RELATES TO A MATTER SPECIFIED IN THE THIRD SCHEDULE, AND IS NOT LIKELY TO AFFECT MM THAN ONE HUNDRED WORKMEN THE APPROPRIATE GOVERNMENT MAY MAKE REFERENCE TO A LABOUR COURT.

Adjudication (with the help of Courts)

TRIBUNALS THE THIRD SCHEDULE
 WAGES INCLUDING THE PERIOD AND MODE OF PAYMENT ;  COMPENSATORY AND OTHER ALLOWANCES ;

 HOURS OF WORK AND REST INTERVALS ;
 LEAVE WITH WAGES AND HOLIDAYS ;  BONUS, PROFIT-SHARING, PROVIDENT FUND AND GRATUITY;  SHIFT WORKING OTHERWISE THAN IN ACCORDANCE WITH     

STANDING ORDERS; CLASSIFICATION BY GRADES ; RULES OF DISCIPLINE; RATIONALIZATION; RETRENCHMENT OF WORKMEN AND CLOSURE OF ESTABLISHMENT ; ANY OTHER MATTER THAT MAY BE PRESCRIBED.

Adjudication (with the help of Courts)
   

TRIBUNALS PRESIDING OFFICER AND HIS QUALIFICATIONS HE IS, OR HAS BEEN A JUDGE OF HIGH COURT; OR HE HAS BEEN A DISTRICT JUDGE OR AN ADDITIONAL DISTRICT JUDGE FOR A PERIOD OF NOT LESS THAN THREE YEARS. NATIONAL TRIBUNAL


A NATIONAL TRIBUNAL CAN BE CONSTITUTED ONLY FOR THE ADJUDICATION OF INDUSTRIAL DISPUTES INVOLVING QUESTIONS OF NATIONAL IMPORTANCE OR INDUSTRIAL DISPUTES AFFECTING INDUSTRIAL ESTABLISHMENTS SITUATED IN MORE ONE STATE.  THE REFERENCE TO NATIONAL TRIBUNAL CAN BE MADE ONLY BY THE CENTRAL GOVERNMENT.  THE NATIONAL TRIBUNAL SHALL CONSIST OF ONE PERSON ONLY TO BE APPOINTED AS ITS PRESIDING OFFICER OF THE NATIONAL TRIBUNAL UNLESS HE IS OR HAS BEEN A JUDGE OF THE HIGH COURT.  THE CENTRAL GOVERNMENT MAY, IF IT SO THINKS FIT, APPOINT TWO PERSONS AS ASSESSORS TO ADVISE THE NATIONAL TRIBUNAL IN THE PROCEEDING BEFORE IT.

NOTICES

THE OBJECT OF SECTION 9-A IS TO PROHIBIT AN EMPLOYER FROM MAKING ANY CHANGE IN THE CONDITIONS OF SERVICE APPLICABLE TO HIS WORKMEN IN RESPECT OF ANY MATTER SPECIFIED IN THE FOURTH SCHEDULE UNLESS HE COMPLIED WITH THE FOLLOWING CONDITIONS A NOTICE IN PRESCRIBED MANNER OF THE NATURE OF THE

CHANGE PROPOSED TO BE EFFECTED MUST BE GIVEN TO THE WORKMEN LIKELY TO BE AFFECTED BY SUCH CHANGE; AND  A PERIOD OF TWENTY-ONE DAYS FROM THE DATE OF NOTICE MUST HAVE EXPIRED.

Arbitration (With the help of third parties)

VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION

SECTION 10-A AUTHORISES THE EMPLOYER AND HIS WORKMEN TO REFER THE DISPUTE TO ARBITRATION AT TIME BEFORE THE DISPUTE HAS BEEN REFERRED UNDER SECTION 10.  THE OBJECT OF THIS SECTION IS TO ENABLE EMPLOYERS AND EMPLOYEES TO REFER THEIR DISPUTE VOLUNTARILY TO ARBITRATION.  THE ESSENTIAL REQUIRE BEFORE A DISPUTE CAN BE REFERRED TO ARBITRATION, ARE AS UNDER :
 THERE SHOULD BE AN EXISTING OR APPREHEND INDUSTRIAL DISPUTE  THE REFERENCE TO ARBITRATION SHOULD BE BY A WRITTEN AGREEMENT;

 THE REFERENCE SHOULD BE MADE BEFORE THE DISPUTE HAD BEEN REFERRED

UNDER SECTION 10 LABOUR COURT ; OR TRIBUNAL OR NATIONAL TRIBUNAL ;  THE NAMES OF THE PERSON OR PERSONS TO ACT AS ARBITRATOR OR ARBITRATORS MUST BE SPECIFIED IN THE AGREEMENT. SUCH PERSONS MAY BE PRESIDING OFFICERS OF LABOUR COURT, TRIBUNAL OR NATIONAL TRIBUNAL.

IF THE ARBITRATION AGREEMENT PROVIDES FOR A REFERENCE OF THE DISPUTE TO AN EVEN NUMBER OF ARBITRATOR THE AGREEMENT MUST IN THAT CASE PROVIDE FOR THE APPOINTMENT OF ANOTHER PERSON AS UMPIRE.  THE WILL ENTER UPON THE REFERENCE, IF THE ARBITRATORS ARE EQUALLY DIVIDED IN THEIR· OPINION. THE AWARD UMPIRE SHALL BE REGARDED AS THE ARBITRATION AWARD.

STRIKES AND LOCK-OUTS

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 

 

PROHIBITION OF STRIKES AND LOCK-OUTS [SECTION 22] SECTION 22 OF THE ACT LAYS DOWN RESTRICTIONS ON THE RIGHT OF STRIKE AND LOCK-OUT IN PUBLIC UTILITY SERVICES. ACCORDING TO SECTION 22(1) A PERSON EMPLOYED IN A PUBLIC UTILITY SERVICE IS PROHIBITED FROM GOING ON STRIKE IN BREACH OF CONTRACT(A) WITHOUT GIVING NOTICE TO THE EMPLOYER IN THE MANNER PRESCRIBED, WITHIN SIX WEEKS BEFORE STRIKING. (B) WITHIN FOURTEEN DAYS OF SUCH NOTICE - IT FOLLOWS THERE FROM THAT THE STRIKE CAN TAKE PLACE ONLY DURING THE LAST FOUR WEEKS OF THE SIX WEEKS MENTIONED IN THE PRECEDING CLAUSE ; C) BEFORE THE EXPIRY OF THE DATE OF STRIKE SPECIFIED IN SUCH NOTICE (D) DURING THE PENDENCY OF CONCILIATION PROCEEDINGS BEFORE A CONCILIATION OFFICER AND SEVEN DAYS THEREAFTER.

STRIKES AND LOCK-OUTS

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PROHIBITION OF STRIKES AND LOCK-OUTS [SECTION 22] SECTION 22(2) PROHIBITS AN EMPLOYER CARRYING ON ANY PUBLIC UTILITY SERVICE FROM DECLARING LOCK-OUT(1) WITHOUT GIVING TO THE WORKMEN NOTICE OF LOCK-OUT IN THE PRESCRIBED MANNER WITHIN SIX WEEKS BEFORE LOCKING-OUT. IT MEANS NOTICE IS EFFECTIVE ONLY FOR SIX WEEKS, AND ANY LOCK -OUT IN PURSUANCE OF SUCH A NOTICE MUST TAKE PLACE WITHIN THAT PERIOD ; WITHIN FOURTEEN DAYS OF SUCH NOTICE. IT MEANS LOCK-OUT CAN TAKE PLACE ONLY DURING THE LAST FOUR WEEKS OF THE PERIOD OF SIX WEEKS MENTIONED IN THE PRECEDING CLAUSE ; BEFORE THE EXPIRY OF THE DATE OF LOCK-OUT SPECIFIED IN SUCH NOTICE; DURING THE PENDENCY OF ANY CONCILIATION PROCEEDINGS BEFORE A CONCILIATION OFFICER AND SEVEN DAYS THEREAFTER.

STRIKES AND LOCK-OUTS
GENERAL PROHIBITION OF STRIKES OR LOCK-OUTS [SECTION 23]  THIS SECTION PROVIDES FOR A GENERAL PROHIBITION AGAINST STRIKES AND LOCK-OUTS IN ALL INDUSTRIAL ESTABLISHMENTS INCLUDING PUBLIC UTILITY SERVICES IN THE FOLLOWING CIRCUMSTANCES:

 DURING THE PENDENCY OF PROCEEDINGS BEFORE A BOARD OF

CONCILIATION AND SEVEN DAYS AFTER THE CONCLUSION OF THE PROCEEDINGS;  DURING THE PENDENCY OF PROCEEDINGS BEFORE A LABOUR COURT, TRIBUNAL, NATIONAL TRIBUNAL OR ARBITATOR [WHERE A NOTIFICATION HAS BEEN ISSUED UNDER SECTION 10-A (3-A] AND TWO MONTHS AFTER THE CONCLUSION OF SUCH PROCEEDINGS;  IN BREACH OF CONTRACT;  DURING THE PERIOD OF OPERATION OF A SETTLEMENT OR AWARD IN RESPECT OF ANY OF THE MATTERS COVERED BY THE SETTLEMENT OR AWARD.

STRIKES AND LOCK-OUTS
SECTION 22 AND 23 COMPARED :  THE PROVISIONS OF SECTION 22 ARE APPLICABLE ONLY TO PUBLIC UTILITY SERVICES WHILE THE PROVISIONS OF SECTION 23 ARE GENERAL IN CHARACTER AND ARE APPLICABLE TO BOTH PUBLIC UTILITY SERVICES AS WELL AS NON PUBLIC UTILITY SERVICES.  IN PUBLIC UTILITY SERVICES THERE CAN BE NO STRIKE OR LOCK-OUT WITHOUT NOTICE OR PRESCRIBED PERIOD. BUT IN INDUSTRIAL ESTABLISHMENTS OTHER THAN PUBLIC UTILITY SERVICES, THERE CAN BE STRIKE OR LOCK-OUT WITHOUT NOTICE.  IN SECTION 23 DURING THE PENDENCY OF ANY CONCILIATION PROCEEDINGS BEFORE A CONCILIATION OFFICER, STRIKE OR LOCK-OUT CAN BE RESORTED TO WHILE IN SECTION 22 DEALING WITH THE PUBLIC UTILITY SERVICES, THERE CAN BE NO STRIKE OR LOCK-OUT IF ANY CONCILIATION PROCEEDINGS ARE PENDING BEFORE A CONCILIATION OFFICER.

ILLEGAL STRIKES AND LOCK-OUTS

SECTION 24 LAYS DOWN THE CIRCUMSTANCES WHEN A STRIKE OR LOCK-OUT SHALL BE CONSIDERED TO BE LEGAL OR ILLEGAL. A STRIKE OR LOCK-OUT SHALL BE ILLEGAL IF IT IS COMMENCED OR DECLARED IN CONTRAVENTION OF SECTION 22

IN A PUBLIC UTILITY SERVICE; OR  COMMENCED OR DECLARED IN CONTRAVENTION OF SECTION 23 IN ANY INDUSTRIAL ESTABLISHMENT; OR (3) CONTINUED IN CONTRAVENTION OF AN ORDER UNDER SECTION 10 (3) ; OR  CONTINUED IN CONTRAVENTION OF AN ORDER MADE UNDER SECTION 10-A (AWARD)

EVERY STRIKE IN INDIA IS NOT ILLEGAL, BECAUSE THE WORKERS ENJOY A FUNDAMENTAL RIGHT TO GO ON STRIKE. THEY BECOME ILLEGAL ONLY WHEN THEY FALL WITHIN THE MISCHIEF OF SECTION 24 OF THE ACT.

ILLEGAL STRIKES AND LOCK-OUTS

EFFECT OF ILLEGAL STRIKE:
WHERE THE STRIKE IS ILLEGAL, THE WORKMEN CANNOT CLAIM WAGES FOR THE PERIOD DURING WHICH AN ILLEGAL STRIKE CONTINUES. IN ORDER TO ENTITLE THE WORKMAN TO WAGES FOR THE PERIOD OF STRIKE, THE STRIKE SHOULD BE LEGAL AS WELL AS JUSTIFIED. THE USE OF FORCE OF VIOLENCE RESORTED TO BY THE WORKMEN DURING STRIKE DISENTITLES THEM TO WAGES FOR THE STRIKE PERIOD (M/S CROMPTON GREAVES LTD. V. THE WORKMEN, AIR 1978 SC. 1489]

ILLEGAL STRIKES AND LOCK-OUTS

WHERE STRIKE IS COMMENCED WITHOUT GIVING NOTICE AS REQUIRED UNDER SECTION 23 OR WITHIN 7 DAYS OF THE CONCLUSION OF THE CONCILIATION PROCEEDINGS, THE STRIKE MUST BE HELD ILLEGAL IRRESPECTIVE OF WHETHER IT WAS PROVOKED BY THE EMPLOYER. IN SUCH A CASE WORKMEN ARE NOT ENTITLED TO ANY PAY FOR THE PERIOD OF THE STRIKE [MAHA LAXMI COTTON MILLS LTD. V MAHA LAXMI COTTON MILLS WORKERS UNION 4 FIR 248J WHERE STRIKE IS UNJUSTIFIED AND LOCK-OUT IS JUSTIFIED, THE WORKMEN WOULD NOT BE ENTITLED TO ANY WAGES AT ALL. SIMILARLY WHERE THE STRIKE IS JUSTIFIED AND THE LOCK-OUT IS UNJUSTIFIED THE WORKMEN WOULD BE ENTITLED TO THE ENTIRE WAGES FOR THE PERIOD OF STRIKE OR LOCK-OUT.

ILLEGAL STRIKES AND LOCK-OUTS

 

PROHIBITION OF FINANCIAL AID TO ILLEGAL STRIKES AND LOCK-OUTS [SECTION 25] SECTION 25 PROHIBITS ANY PERSON FROM KNOWINGLY EXPENDING OR APPLYING ANY MONEY IN DIRECT FURTHERANCE OR SUPPORT OF ANY ILLEGAL STRIKE OR LOCK-OUT. PENALTY FOR ILLEGAL STRIKES OR LOCK-OUTS [SECTION 26] IN SUCH A CASE THE WORKMAN SHALL BE PUNISHABLE WITH IMPRISONMENT WHICH MAY EXTEND TO ONE MONTH OR WITH FINE WHICH MAY EXTEND TO RUPEES FIFTY OR WITH BOTH. IN CASE OF ILLEGAL LOCK-OUT THE EMPLOYER SHALL BE PUNISHABLE WITH IMPRISONMENT WHICH MAY EXTEND TO ONE MONTH OR WITH FINE WHICH MAY EXTEND TO RUPEES ONE THOUSAND OR WITH BOTH.

ILLEGAL STRIKES AND LOCK-OUTS

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PENALTY FOR INSTIGATION [SECTION 27] THE PUNISHMENT IN SUCH CASES IS IMPRISONMENT FOR A TERM WHICH MAY EXTEND TO SIX MONTHS OR WITH FINE WHICH MAY EXTEND TO ONE THOUSAND RUPEES OR WITH BOTH. PENALTY FOR GIVING FINANCIAL AID TO ILLEGAL STRIKES OR LOCK-OUTS [SECTION 28] IMPRISONMENT WHICH MAY EXTEND TO SIX MONTHS OR WITH FINE WHICH MAY EXTEND TO ONE THOUSAND RUPEES OR WITH BOTH.

LAY-OFF AND RETRENCHMENT
THE PROVISIONS OF CHAPTER V-A OF THE INDUSTRIAL DISPUTES ACT, 1947, RELATING TO LAY-OFF AND RETRENCHMENT COMPENSATION DO NOT APPLY TO ALL INDUSTRIAL ESTABLISHMENTS.  THREE TYPES OF INDUSTRIAL ESTABLISHMENTS HAVE BEEN EXEMPTED  (A) INDUSTRIAL ESTABLISHMENTS IN WHICH LESS THAN FIFTY WORKMEN ON AN AVERAGE PER WORKING DAY ARE EMPLOYED IN THE PRECEDING CALENDAR MONTH ; OR  (B) INDUSTRIAL ESTABLISHMENTS WHICH ARE OF A SEASONAL CHARACTER OR WORK ONLY INTERMITTENTLY; OR  (C) INDUSTRIAL ESTABLISHMENTS TO WHICH CHAPTER V-B APPLIES (INSERTED BY THE INDUSTRIAL DISPUTES AMENDMENT ACT 1976).

LAY-OFF AND RETRENCHMENT

DEFINITION OF CONTINUOUS SERVICE [SECTION 25-B] THE RIGHT TO COMPENSATION UNDER THE ACT ACCRUES TO A WORKMAN ONLY IF HE HAS PUT IN 'ONE YEAR OF CONTINUOUS SERVICE'. SECTION 25- B DEFINES WHAT AMOUNTS TO ONE YEAR OF CONTINUOUS SERVICE. CONTINUOUS SERVICE FOR ANY PERIOD MEANS UNINTERRUPTED SERVICE FOR THAT PERIOD AND INTERRUPTED SERVICE ON ACCOUNT OF ANY OF THE FOLLOWING REASONS :
 (I) SICKNESS;  (II) AUTHORISED LEAVE ;  (III) AN ACCIDENT ;  (IV) A STRIKE WHICH IS NOT ILLEGAL ;  (V) A LOCK-OUT; AND  (VI) A CESSATION OF WORK THAT IS NOT DUE TO ANY FAULT ON

THE PART OF THE WORKMAN.

LAY-OFF AND RETRENCHMENT

RIGHT OF WORKMEN LAID-OFF FOR COMPENSATION [SECTION 25-C] THIS SECTION RECOGNIZES THE RIGHT OF WORKMEN TO GET COMPENSATION WHEN LAID-OFF. IT ALSO LAYS DOWN THE METHOD IN WHICH COMPENSATION HAS TO BE CALCULATED. BEFORE A WORKMAN MAY CLAIM LAY-OFF COMPENSATION HE MUST FULFILL THE FOLLOWING CONDITIONS.
 (1) HE IS NOT A BADLI OR CASUAL WORKMAN.  (2) HIS NAME IS ON THE MUSTER ROLL OF THE ESTABLISHMENT; AND  (3) HE HAS COMPLETED ONE YEAR OF CONTINUOUS SERVICE.

IF THE ABOVE REQUIREMENTS ARE FULFILLED, A WORKMAN WHETHER LAID OFF CONTINUOUSLY OR INTERMITTENTLY SHALL BE PAID COMPENSATION.

LAY-OFF AND RETRENCHMENT
A WORKMAN IS ENTITLED TO LAY-OFF COMPENSATION AT THE RATE EQUAL TO 50% OF THE TOTAL OF THE BASIC WAGE AND DEARNESS ALLOWANCE FOR THE PERIOD OF HIS LAYOFF EXCEPT FOR WEEKLY HOLIDAYS WHICH MAY INTERVENE.  COMPENSATION CAN NORMALLY BE CLAIMED FOR NOT MORE THAN 45 DAYS DURING ANY PERIOD OF TWELVE MONTHS.  EVEN IF LAY-OFF EXCEEDS 45 DAYS DURING ANY PERIOD OF TWELVE MONTHS NO COMPENSATION IS REQUIRED TO BE PAID FOR THE EXCESS PERIOD IF THERE IS AN AGREEMENT TO THAT EFFECT BETWEEN THE WORKMAN AND THE EMPLOYER.

LAY-OFF AND RETRENCHMENT
   

IF THE PERIOD OF LAY-OFF EXCEEDS FORTY-FIVE DAYS, THE EMPLOYER BAS TWO ALTERNATIVES BEFORE HIM, (I) TO GO ON PAYING LAY-OFF COMPENSATION FOR SUCH SUBSEQUENT PERIODS, OR (II) TO RETRENCH THE WORKMAN. IN CASE OF SUCH RETRENCHMENT, THE EMPLOYER IS ENABLED TO ADJUST THE AMOUNT OF LAY-OFF COMPENSATION PAID DURING THE PRECEDING 12 MONTHS AGAINST RETRENCHMENT COMPENSATION PAYABLE UNDER SECTION 25-F.

LAY-OFF AND RETRENCHMENT
DUTIES OF EMPLOYER IN CONNECTION WITH A LAY-OFF  THE EMPLOYER MUST MAINTAIN A MUSTER ROLL OF WORKMEN  THE LAY-OFF MUST BE FOR THE REASONS SPECIFIED IN SECTION 2(KKK).  THE PERIOD OF DETENTION OF WORKMEN IF STOPPAGE OCCURS DURING WORKING HOURS SHOULD NOT EXCEED TWO HOURS AFTER THE COMMENCEMENT OF THE STOPPAGE.  THE COMPENSATION FOR LAY-OFF MUST BE AT THE RATE AND FOR THE PERIOD SPECIFIED IN SECTION 25-C OF THE INDUSTRIAL DISPUTES ACT.

LAY-OFF AND RETRENCHMENT

WORKMEN NOT ENTITLED TO COMPENSATION IN CERTAIN CASES [SECTION 25-F]
 REFUSAL TO ACCEPT ALTERNATIVE EMPLOYMENT: IF A LAID OFF

WORKMAN REFUSES TO ACCEPT ALTERNATIVE EMPLOYMENT PROVIDED THAT SUCH ALTERNATIVE EMPLOYMENT IS :
○ IN THE SAME ESTABLISHMENT FROM WHICH HE HAS BEEN LAID-OFF;

OR ○ IN ANY OTHER ESTABLISHMENT BELONGING TO THE SAME EMPLOYER SITUATED IN THE TOWN OR VILLAGE WITHIN A RADIUS OF FIVE MILES FROM THE ESTABLISHMENT TO WHICH HE BELONGS; AND ○ IN THE OPINION OF THE EMPLOYER THE ALTERNATIVE EMPLOYMENT DOES NOT CALL FOR ANY SPECIAL SKILL OR PREVIOUS EXPERIENCE AND CAN BE DONE BY THE WORKMAN: ○ IT CARRIES THE SAME WAGES WHICH WOULD NORMALLY HAVE BEEN PAID TO THE WORKMAN IN HIS ORIGINAL EMPLOYMENT.  ABSENCE FROM THE ESTABLISHMENT AT THE APPOINTED TIME –  STRIKE OR GO SLOW IN ONE PART OF THE ESTABLISHMENT-

WHERE LAY-OFF IS THE CONSEQUENCE OF STRIKE OR SLOWING DOWN OF PRODUCTION BY THE WORKERS IN ANOTHER PART OF THE ESTABLISHMENT.

LAY-OFF AND RETRENCHMENT

CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN [SECTION 25-F]
 ONE MONTH'S NOTICE MUST BE GIVEN TO THE WORKMEN

PROPOSED TO BE RETRENCHED.  IT IS CLEAR THAT THE REQUIREMENT OF SERVING A NOTICE OR PAYING WAGES IN LIEU THEREOF IS MANDATORY.  THE WORKMAN HAS BEEN PAID AT THE TIME OF RETRENCHMENT COMPENSATION EQUIVALENT TO FIFTEEN DAYS AVERAGE PAY FOR EVERY COMPLETED YEAR OF CONTINUOUS SERVICE OR ANY PART THEREOF, PROVIDED IT EXCEEDS SIX MONTHS ; AND  NOTICE IN THE PRESCRIBED MANNER MUST BE SERVED ON THE APPROPRIATE GOVERNMENT OR ON SUCH AUTHORITY AS MAY BE SPECIFIED BY IT.

SECTION 25-F IS NOT APPLICABLE TO A CLOSED OR DEAD INDUSTRY.

LAY-OFF AND RETRENCHMENT

CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN [SECTION 25-F]
 ONE MONTH'S NOTICE MUST BE GIVEN TO THE WORKMEN

PROPOSED TO BE RETRENCHED.  IT IS CLEAR THAT THE REQUIREMENT OF SERVING A NOTICE OR PAYING WAGES IN LIEU THEREOF IS MANDATORY.  THE WORKMAN HAS BEEN PAID AT THE TIME OF RETRENCHMENT COMPENSATION EQUIVALENT TO FIFTEEN DAYS AVERAGE PAY FOR EVERY COMPLETED YEAR OF CONTINUOUS SERVICE OR ANY PART THEREOF, PROVIDED IT EXCEEDS SIX MONTHS ; AND  NOTICE IN THE PRESCRIBED MANNER MUST BE SERVED ON THE APPROPRIATE GOVERNMENT OR ON SUCH AUTHORITY AS MAY BE SPECIFIED BY IT.

SECTION 25-F IS NOT APPLICABLE TO A CLOSED OR DEAD INDUSTRY.

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