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What is the object of the Industrial Disputes Act, 1947?

The object of the Industrial Disputes Act, 1947 is as follows: List of 8 items • The Industrial Disputes Act makes provision for the investigation and settlement of Industrial disputes; • The object of the Act is to achieve the promotion of harmony in labour- capital relationship; • It provides a machinery for the settlement of Industrial disputes by arbitration or adjudication; • It attempts to ensure social justice and economic progress, by fostering Industrial harmony; • It enables workmen to achieve their demands by means of the legitimate weapon of strikes, and thus facilitates collective bargaining; • It prohibits illegal strikes and lockouts; • It provides relief of workmen in the event of a lay-off or retrenchment; • It enables the State to play a constructive role in employer workmen relationship. What is the scope of the Industrial Disputes Act, 1947? Industrial Disputes Act, 1947 is a progressive piece of legislation that is designed to settle the disputes on a pattern otherwise unknown to the judicial machinery. It also applies to industries owned by Central and State Governments. What is an 'Industrial Dispute'? An 'industrial dispute' is defined as any dispute or difference between employers and employees or between employers and workmen or between workmen and workmen, which is connected with the employment or terms of employment or with conditions of labour of any person [S.2 (k)]. The Industrial Dispute presupposes the existence of an industry. There can be no Industrial Dispute in the absence of any Industry. It shall be observed from the definition of industrial dispute that it refers to any dispute or difference between the employers on one side and the workmen on the other or, between two sets of employers or between one set of workmen and another set of workmen. Also, such a dispute or difference must necessarily be connected with the employment (or non-employment) or terms of employment or the conditions of labour of any person. The word 'any person' in the last part of the definition, through judicial dicta, has been explained to be a person who need not necessarily be a workman or an employer. However, such a person in whose employment or terms thereof and/or in whose conditions of labour the workman has direct and substantial interest. Normally, for a dispute or a difference between an employer and workman to be an industrial dispute, it is essential that the dispute should concern the

workmen as a class and should not just be a dispute between an individual workman and the employer. The group of workmen need not necessarily be a majority or even a very large group. Even a dispute between a sizeable group of workmen and their employer would be an industrial dispute. However, there is one exception to this general rule, namely, even a dispute between the employer and an individual workman shall be deemed to be an industrial dispute if that dispute relates to or is connected with or arising out of the discharge, dismissal, retrenchment or termination of services of an individual workman. Such a dispute will be deemed to be an industrial dispute even if neither the other workman nor a union is a party to the dispute. This change has been brought about by insertion of S.2A in Industrial Disputes Act, 1947 with effect from 1/12/1965. What is an 'Industrial establishment or undertaking' under the Industrial Disputes Act, 1947? An 'Industrial establishment or undertaking' under the Industrial Disputes Act, 1947 is defined as an establishment or undertaking in which any industry is carried on. What is an 'industry' under the Industrial Disputes Act, 1947? An 'industry' is defined to cover business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or allocation of workmen [S.2(j)]. The following have been held to be industries: List of 31 items 1. State Hospital; 2. Charitable Institutions -- (a) those that yields profit, the profits are siphoned off for altruistic purposes; (b) those that make no profit but hire the services of employees as in any other business, but the goods and services which are the output, are available at a low cost or at no cost to the indigent poor. However, charitable institutions that are oriented on a humane mission, fulfilled by men who work, not because they are paid wages, but because they share the passion for the cause and derive job satisfaction are not covered by the expression industry; 3. Ayurvedic Pharmacy Hospital; 4. Indian Red Cross Society; 5. Indian Cancer Society; 6. Activities of Panjapole; 7. A real estate company, leasing out mansions and which employs workers like sweepers, durwan, plumbers, bill collectors, mistries, lift-men etc.; 8. Running of tube-wells by Government or Government- owned corporations; 9. Co-operative Societies; 10. Federation of Indian Chamber of Commerce; 11. Panchayat Samities; 12. Irrigation Department of State Government; 13. Public Health Department;

14. State Insurance and P.F. Department; 15. Company carrying on agricultural operations; 16. State Tourism Department; 17. Central Ordinance Depot; 18. Director of State lotteries; 19. Water supply and drainage board; 20. Science and Technological museum; 21. Industrial Development Centre for tools and dies; 22. Corporation set up for the upliftment of workmen or weaker sections of the society by giving financial help and training; 23. Legal Aid and Legal Advice Board; 24. Indian Institute of Petroleum; 25. Co-operative Credit Institution; 26. A Trust for promoting religious, social and educational life but also undertaking commercial activities; 27. Khadi and Village Industries Board; 28. Management of a private Educational Institution; 29. Bank notes Press; 30. Clubs; 31. Offices of Professionals- Doctors, Lawyers, Solicitors etc. An undertaking, carrying on sovereign functions, is excluded from the definition of the word 'industry'. Even in departments, which discharge sovereign functions if there are units, which are industries, and which are substantially severable, then they would be covered by the definition of the word industry. Who is a 'workmen' under the Industrial Disputes Act, 1947? In the Industrial Disputes Act, 1947 a 'workman' is defined as any person, (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purpose of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of that dispute, or whose dismissal, discharge or retrenchment has led to that dispute. However, it does not include any of the following persons: List of 4 items 1. who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957); 2. who is employed in the Police service or as an officer or other employee of a prison; 3. (iii) who is employed mainly in a managerial or administrative capacity; 4. (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature [Sec.2(s)].

clerical or supervisory work for hire or reward. to assist the manager in daily routine etc. Even a part-time worker is a workman. For example. 4. 7. The following are not workmen under this definition: . It is essential that there is an employeremployee relationship in existence. District Engineers etc. His designation or any incidental work that is done or required to be done by him is not relevant. 15. Foreman. 9. Aircraft maintenance engineers. A lower division clerk in a technical education institute. A sales representative doing clerical work and preparing of reports. 16. 5. etc. collection of amounts. 2. unskilled. prepare cash memos. Manager of a hotel who has to write ledgers. A technician-cum-Designer in the knitting department. would depend upon what the main features of his employment are. the following are held to be workmen: List of 17 items 1. The duties and functions performed by such a person are very relevant to the definition of ''workman''. it is must be determined whether the substance of his employment is manual or clerical or otherwise. Blending Supervisors. whether such a person is a workman or not.The word workman has been the subject of significant judicial pronunciation. If the duties of a person are partly supervisory and partly clerical or partly technical and partly managerial or administrative. The principal factor that determines whether the person is a workman or not is the main work for which he has been employed and engaged. As per this dictum. Inspectors and salesmen in the employment of a company. An internal auditor of a company with duties mainly to report or check but without any authority to take decisions and bind the company. Dismissed or discharged workmen or retrenched workmen. A person employed to play a musical instrument. collection of goods. clerk of a university and State Insurance. tally of accounts. the designation of a person is not relevant for the purpose of determining whether a person is a workman or not. enter cashbooks. A salesman. skilled. 8. 14. 13. Applying this definition. technical. etc. Airline Pilots. 3. Salesman doing work on fixed scale and not on commission. Transport Engineers. whose duties include manual as well as clerical work such as to attend to the customer. 10. Accountants who are merely senior clerks with supervisory duties. 11. file correspondence. 17. 12. Depot superintendents. 6. taking stock of goods. a person must be employed in an industry to do work of a manual. Employees of the Municipality. to fall under the definition of "workman". operational. However. A Chemist-in-charge discharging the functions of a Chemist.

National Tribunal. to comment upon matters of their common interest and endeavour to compose any material difference of opinion in respect of such matters. Apprentice governed by Apprentices Act. The Works Committee is not intended to supplement the unions for the purpose of collective bargaining. are as follows: List of 7 items 1. Labour Courts. 3. What are the various authorities provided under the Industrial Disputes Act. It is the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and. 1961. 2. They are not authorized to consider real or substantial changes in the conditions of service. blending supervisors and overhauling supervisors. Auditors. . etc. 5. 3. Industrial Tribunal or National Industrial Tribunal. What is an Award? An award means an interim or a final determination of any Industrial Dispute or of any related question. consisting of representatives of the employers and the workmen engaged in the establishment. 6. Their task is only to smooth away friction that may arise between the workmen and the management in day-to-day work. grant leave. 2. The number of representatives of workmen on such Committee shall not be less than the number of representatives of the employer. 1947. initiate disciplinary proceedings.List of 5 items 1. to that end. 4. Conciliation Officers. 4. Courts of Inquiry. and 7. provided under the Industrial Disputes Act. Industrial Tribunals. Boards of Conciliation. Person authorized to assign duties and distribute work. Maintenance Engineer performing supervisory work and authorized to make temporary appointments. The representatives of workmen shall be chosen in the prescribed manner from amongst the workmen. engaged in the establishment and in consultation with the Trade Union. What is a Works Committee and what is its function? In any Industrial Establishment in which 100 or more workmen are employed or have been employed in the preceding 12 months. The Works Committee. A medical representative. by any labour court. the Government may. by general or special order. 1947? The various authorities. 5. require the employer to constitute a Works Committee.

[S. as occasion arises. constitute one or more Labour Court for adjudication of industrial disputes. by a notification in the Official Gazette. 1947] What are Concilation Proceedings? Conciliation Proceedings refer to any proceedings. The Conciliation Officer shall investigate the dispute and all matters that affect the merits and the settlement of rights and may do such things as he thinks fit for the purpose of inducing parties to come to a fair and amicable settlement of the dispute. the Conciliation officer shall hold conciliation proceedings in the prescribed manner. relating to any matters that are specified in the Second Schedule and for performing such other functions as may be assigned to them.6 of Industrial Disputes Act. If an industrial dispute exists or is apprehended or where the industrial dispute relates to a public utility service and a notice of strike or a notice of lock out has been given. The Board shall consist of a Chairman. The duties of the Board are almost similar to that of a Conciliation Officer. held by a conciliation officer or board. The other members shall be persons. 1947] Who are Conciliation Officers and what are their duties? The appropriate Government may appoint Conciliation Officers who will settle an Industrial Dispute without delay. [S. constitute a Court of Inquiry for inquiring into any matter.They cannot decide any alteration in the conditions of service by rationalization. who shall be an independent person and two or four other members as the appropriate Government may think fit. .4 of Industrial Disputes Act. connected with or relevant to an industrial dispute.5 of the Industrial Disputes Act. Concilliation proceedings are therefore the machinery or means of promoting the settlement of disputes. [S.3 of Industrial Disputes Act. The Court shall enquire into the matters that are referred to it and subsequently submit to a report to the appropriate Government within a period of six months from the date of commencement of the enquiry. by notification in the Official Gazette. [S. constitute a board of conciliation for promoting the settlement of an industrial dispute. that is not binding either on the workers or on the mills. 1947] What are Labour Courts? Which matters fall within the jurisdiction of Labour Courts? The appropriate Government may. 1947] What is a Court of Inquiry and what is its function? The appropriate Government may. appointed in equal number by the parties to the dispute. by notification in the Official Gazette. What is the Board of Conciliation and what is its duty? The appropriate Government may as occasion arises. Even if the workman''s representatives on the Works Committee agree to a scheme of rationalization.

Wages. 1947] The matters. or grant of relief to workmen wrongfully dismissed. [S. Compensatory and other allowances. The propriety or legality of an order. otherwise than in accordance with the standing orders. 3. 4. or has been a Judge of a High Court or has been a District Judge or an Additional District Judge for a period of not less than three years or. 2. An Industrial Tribunal shall consist of one person to be appointed by the appropriate Government and the person shall not be qualified for appointment as such unless: List of 2 items • (a) he is or has been a judge of a High Court. Withdrawal of any customary concession or privilege. are as follows: List of 11 items 1. Leave with wages and holidays. provident fund and gratuity. Discharge or dismissal of workmen. including the reinstatement of. Classification by grades. What are Industrial Tribunals? Which matters fall under their jurisdiction? The appropriate Government. Shift working. Bonus. 2. are as follows: List of 6 items 1. 6. 5. may constitute one or more Industrial Tribunals for the adjudication of industrial disputes.6 of the Industrial Disputes Act. including the period and mode of payment. profit sharing. [S. • (b) he has for a period of not less than three years been a District Judge or an Additional District Judge. relating to any matter specified in the Second or Third Schedule and for performing such other functions as may be assigned to them under this Act. by a notification in the Official Gazette. All matters other than those specified in the Third Schedule. constituted under any Provincial Act or State Act for not less than five years. Rules of discipline. 3. 7. 8. falling within the jurisdiction of Labour Courts. falling within the jurisdiction of the Industrial Tribunals. 5. 1947] Matters. Hours of work and rest intervals. 6. . 4. Illegality or otherwise of a strike or lock-out.The Labour Court consists of one person only and no person is qualified for appointment as a presiding officer of a Labour Court unless he is. passed by an employer under the standing orders. he has held a judicial office in India for not less than seven years or has been a presiding officer of a Labour Court. The application and interpretation of standing orders.7-A of the Industrial Disputes Act.

What are National tribunals? The Central Government may. no notice shall be required for effecting any such change in the following cases: List of 2 items • where the change is effected in pursuance of any settlement or award. to be appointed by the Central Government and a person shall not be qualified for appointment as such unless he is or has been a Judge of a High Court. Tribunal or National Tribunal if: List of 2 items • he is not an independent person. appoint two persons as assessors to advice the National Tribunal in the proceeding before it. involve questions of national importance or are of such a nature that industrial establishments in more than one State are likely to be interested in. in the opinion of the Central Government.9. or continue in the office of the presiding officer of a Labour Court. who proposes to effect any change in the conditions of service that is applicable to any workman in respect of any matter specified in the Fourth Schedule. 10. likely to be affected by such change. if it thinks fit. shall effect such change as follows: List of 2 items • without giving to the workman. • he has attained the age of sixty-five years. 1947] What are the provisions regarding a change in the condition of service of workmen? No employer. Any other matter that may be prescribed. a notice in the prescribed manner of the nature of the changed that is proposed to be effected. The National Tribunal shall consist of one person only. Retrenchment of workmen and closure of establishment.7-C of the Industrial Disputes Act. [S. list end [S. • within twenty-one days of giving such notice: list end However. and 11. by notification in the Official Gazette. constitute one or more National Tribunals for adjudication of industrial disputes which. or affected by such disputes.7-B of the Industrial Disputes Act. 1947] What are the disqualifications for the presiding officers of Labour Courts. Rationalization. Tribunals and National Tribunals? No person shall be appointed to. . The Central Government may.

4. Introduction of new rules of discipline. 3. 11. 1947]. [S. Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the Official Gazette. Compensatory and other allowances. who are employed in any industrial establishment. Courts or Tribunals? . 8. list end [S. 6. Revised Leave Rules. in the number of persons employed or to be employed in any occupation or process or department or shift (not occasioned by circumstances over which the employer has no control). to that class of workmen.9-A of the Industrial Disputes Act. subject to such conditions as may be specified in the notification. Civilians in Defence Services (Classification. Contribution paid. Hours of work and rest intervals. Withdrawal of any customary concession or privilege or change in usage. the appropriate Government may. standardization or improvement of plant or technique which is likely to lead to retrenchment of workmen. 2. Leave with wages and holidays. by notification in the Official Gazette. Starting. or alteration of existing rules. Control and Appeal) Rules. apply. 5.9-B of the Industrial Disputes Act. Civil Services (Classification. Civil Service Regulations. or payable. alteration or discontinuance of shift working otherwise than in accordance with standing orders. Civil Services (Temporary Service) Rules. Any increase or reduction (other than casual).9-A to any class of workmen. Classification by grades. 7. to that class of industrial establishments or. direct that the provisions of the said section shall not apply. 1947] Which provision deals with the referral of disputes to Boards. Rationalization.• where the workmen are likely to be affected by the change are persons to whom the Fundamental and Supplementary Rules. 9. The matters specified in the Fourth Schedule for which a Notice of change has to be given are as follows: List of 11 items 1. except insofar as they are provided in the standing orders. Wages. or shall apply. employed in any industrial establishment. affect the employers so prejudicially that such application may cause serious repercussion on the concerned industry and that the public interest so requires. Does the Government have the power to provide exemption from the requirement of giving a 'Notice of Change'? Where the appropriate Government is of the opinion that the application of the provisions of Sec. including the period and mode of payment. 10. by the employer to any provident fund or pension fund or for the benefit of the workmen under any law for the time being in force.

the Labour Courts and Tribunals have powers to create new rights and obligations between the parties. such principles may be inapplicable. group or class of establishments of a similar nature is likely to be interested in or affected by such dispute. group or class of establishments to the order of reference. The Labour court. In considering the question of making a reference. Where a dispute. An order. However. no proceedings before a court. concerning an establishment. whether jointly or separately. for a reference of their dispute to a Board. the dispute is of such a nature that any other establishment. if satisfied that the persons. the appropriate Government may include (but before the submission of the award is made) such establishment. Principles of res judicata apply to labour adjudication also. Labour Court. Tribunal or National Tribunal is required to confine its adjudication to those points. who are applying. shall specify the time in which the award must be submitted. such Labour Court. Unlike ordinary courts. the appropriate Government. represent the majority of each party. In certain cases like revision of awards or service conditions. referring an industrial dispute to a Labour Court.10 should be construed liberally and not pedantically. Moreover. Tribunal or National Tribunal in relation to any industrial dispute. has been referred for adjudication and. Adjudication by the Tribunal is by no means analogous to what an arbitrator has to do in determining ordinary civil disputes according to the legal rights of the parties. Tribunal or National Tribunal. pending before the Labour Court.10 of the Industrial Disputes Act. [S. Tribunal or National Tribunal. in the opinion of the appropriate government. Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government. which are referred in the order of reference and other incidental matters.The parties to an industrial dispute apply in the prescribed manner. nor can it refuse to refer the dispute . Subsequently. No proceedings. shall lapse merely by reason of death of any of the parties to the dispute. 1947] Reference under S. shall make the reference accordingly. the Government cannot adjudicate the dispute itself on merits. whether on application made in that behalf or otherwise. Tribunal or National Tribunal shall lapse merely on the ground that any specified period had expired without such proceeding being completed. though in a restricted manner.

cannot go beyond the reference or incidental matters. in industrial dispute. while trying a suit. While the arbitrators are free to follow such procedure as they may think fit. Discuss the provision regarding the procedure and powers of conciliation officers. • compelling the production of documents and material objects. under the Code of Civil Procedure.and decide the same itself. they did not merit reference. may. on proper examination of the demand. Every Board. Nothing in the Arbitration Act. it may. is maintainable. the agreement shall provide for the appointment of an umpire. who shall enter upon the reference. Tribunal or National Tribunal. It must decide the reference on merits. the employer and the workmen agree to refer the dispute to arbitration. they may. Courts and Tribunals. [S. at any time before the dispute has been referred under Section 10 to a Labour Court or Tribunal or National Tribunal. What is the provision regarding voluntary reference of disputes to arbitration? Where any industrial dispute exists or is apprehended and. A writ petition against the Government''s Order. A Labour Court cannot dismiss a reference for non-prosecution on the part of the workman. 1940 shall apply to arbitration under this Act. the Industrial Disputes (Central) Rules provide for the procedure to be followed by the Labour Courts and Industrial Tribunals while adjudicating an industrial dispute. come to the conclusion that as the demands were perverse or frivolous. in respect of the following matters: List of 3 items • enforcing the attendance of any person and examining him on oath. Boards. However. A conciliation officer or a member of the Board or a Court or the presiding officer of a Labour Court. refer the dispute to arbitration. enter the premises occupied by any establishment to which the dispute relates. The award of the umpire shall prevail and shall be deemed to be the arbitration award. The reference shall be to such person or persons as specified in the arbitration agreement. list end Every inquiry or investigation by a Board or Court ( . which refuses to make a reference of an industrial dispute. The Labour Courts/ Industrial Tribunal. after giving reasonable notice. Labour Court. • issuing commissions for the examination of witnesses. 1947]. for the purpose of inquiry into any existing or apprehended industrial dispute. Tribunal and National Tribunal shall have the same powers as are vested in a civil court.10-A of the Industrial Disputes Act. Where the reference of the dispute is to an even number of arbitrators and the arbitrators are equally divided in their opinion. in exceptional cases. 1908. by a written agreement.

and the Labour Court. While exercising the power under this section. Tribunals and National Tribunals have been empowered to . relating to the discharge or dismissal of workmen has been referred to a Labour Court. 1908. Tribunals and National Tribunals have been given the power to grant appropriate relief in case of the discharge or dismissal of workmen. As per the earlier dicta. Prior to the insertion of this section. in respect of enforcing the attendance of any person and examining him or of compelling the production of documents. Tribunal or National Tribunal) shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code. the Labour Courts. from which itself an inference of malafides or victimization could be arrived at. the Labour Court. the Labour Courts.11 of the Industrial Disputes Act. A conciliation officer may enforce the attendance of any person for the purpose of examination of such person. 1947 (inserted with effect from 15/12/1971). He may also call for and inspect any document. However. Tribunal or National Tribunal for adjudication proceedings. Tribunals and National Tribunals found it difficult to enforce the quantum of punishment unless it was shockingly disproportionate to the alleged offence. the quantum of punishment was within the sole discretion of the employer. 11-A.Labour Court. 11-A in the Industrial Disputes Act. by its award. [S. the Labour Courts. after the insertion of this section.whether the same appears to be excessive and unduly harsh or not. However. set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions. it may. Where an industrial dispute. it is within the powers of the Labour Court. Tribunal and National Tribunal is satisfied that the order of discharge or dismissal is not justified. A Conciliation officer may carry out any other duty imposed on him under this Act. 1947] What are the powers of Labour Courts. Tribunal or National Tribunal shall rely on the materials on record and shall not take any fresh evidence in relation to the matter. after the insertion of S. if any. Tribunal and National Tribunal to interfere with the quantum of punishment of dismissal or discharge. including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require. as it thinks fit or give such other relief to the workman. which he considers relevant to the industrial dispute or. Tribunals and National Tribunals with regard to the granting of relief in cases of discharge or dismissal of workmen? By a newly inserted S. 1860. to be necessary for the purpose of verifying the implementation of any award. the conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure. For this purpose.

1947 provides that when a Labour Court. affecting national economy or social justice. full wages last drawn by him. while proceedings are pending in higher Courts? Yes. but whilst doing so.'What are the provisions regarding publication and commencement of reports and awards? S. the employer prefers any proceedings against such award in a High Court or the Supreme Court. arrived at between the employer and workman. The appropriate Government is required to publish the award within 30 days of receipt of the same. The appropriate Government has been given the powers under certain specified conditions. Tribunal or National Tribunal directs reinstatement of any workman by its award and. the Court may direct that no wages may be payable under this section for such period or part.17 of the Industrial Disputes Act. For instance. 1947 deals with the publication of reports and awards. the appropriate Government may be required to lay the award before the Legislature of the State or before the Parliament. The ''last drawn wages'' has been clarified by the Supreme Court to mean wages. it must be borne in mind that the Tribunal is to rely on 'materials on record. otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement. It does not only refer to the materials available on domestic enquiry. not to give effect to the whole or part of the award. the employer shall be liable to pay such workman.18 of the Industrial Disputes Act. last drawn by the workman and not the wages he would have drawn if he had continued in service. S. A settlement. if it is expedient on public grounds.17. it has to be kept in mind that the powers of the Tribunal are not arbitrary or unguided. Further. S. at the first available opportunity.11-A refers to the materials on record before the Tribunal.interfere with the quantum of punishment. This is however subject to the proviso that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during such period or part thereof. 1947 provides for the persons on whom settlements and awards are binding. during the pendency of the proceeding in the High Court or the Supreme Court. However. as the case may be. Is the employer liable to pay wages to the workman. The expression 'materials on record' in the proviso by S. On whom are the settlements and awards binding? S.17A of the Act provides that an award shall become enforceable on the expiry of 30 days from the date of its publication under S.17B of the Industrial Disputes Act. The provision has however been the subject of some adverse criticism by some of the High Courts. .

an award of a Labour Court. it shall come into operation on the date on which the memorandum of settlement is signed by the parties to the dispute. all the persons. summoned to appear in the proceeding as parties to the dispute. all persons. The settlement shall continue to be binding on the parties after the expiry of the period aforesaid until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party. who are summoned before the arbitrator. . as it thinks fit. representing the majority of persons bound by the settlement of the award as the case may be. under S. • where the party referred to in clause (a) or (b) above is an employer. However. The settlement shall come into operation on such date as is agreed upon by the parties and. who were employed in the establishment to which the dispute relates on the date of the dispute and. extend the period of operation by any period not exceeding one year at a time. • where the party referred to in clause (a) or (b) is composed of workmen. in absence of any such specific date. Notwithstanding the expiry of the period of operation of the award. A settlement arrived at in the course of conciliation proceeding or. An award shall remain in operation for a period of one year from the date on which the award became enforceable. The notice. successors or assigns in respect to the establishment to which the dispute relates.19 (2) or S. 4. who subsequently become employed in that establishment or a part of it. 2. However. 3. unless the authority holds that they were so summoned without proper cause. subject however that the total period of operation of any award does not exceed three years from the date on which it came into operation. his heirs.19 (6). the appropriate Government may reduce the said period and fix such period. If no such period is agreed upon for a period of six months from the date of signing of the memorandum. the award shall continue to be binding on the parties until a period of two months has elapsed from the date on which notice is given by any party. Tribunal or National Tribunal shall be binding on the following: List of 4 items • all parties to the industrial dispute. What is the period of operation of settlements and awards? List of 5 items 1. before the expiry of the said period.An arbitration agreement shall also be binding on the parties to the agreement who refer the dispute for arbitration. bound by the award to the other party or parties intimating its intention to terminate the award. shall not have effect unless it has been by a party. provided that it may. Such settlement shall be binding for such period as is agreed upon by the parties. an arbitration award also becomes enforceable on certain other parties. • all other parties.

no industrial dispute ca be raised in respect of the matters. 3.5. covered by such settlement or award. 2.19 (2) or 19(6) as the case may be. or have been. who are employed in any industry acting in combination. lies in the fact that no industrial dispute in respect of matters covered by an earlier settlement or award can be lawfully raised during the period when such a settlement or award is in operation. under S. and "sit down" strikes. What is a Lay-off? A Lay-off means the inability of an employer to give employment to a workman on account of the following: List of 3 items • shortage of coal. or 2. "sit-in". the cessation of work by a body of persons. power or raw materials or the accumulation of stocks. of any number of persons who are. What is a Lock-out? A Lock out means: List of 3 items 1. the refusal by an employer to continue to employ any number of persons employed by him. Without giving a notice on termination under S. . [S. There are different types of Strikes like "go slow". the suspension of work. What are the different forms of Strikes? Yes.22 is received by the conciliation officer or on the date of the order referring the dispute to a Board as the case may be. The aim of notice. 1947] What is the meaning of the term Strike under ID Act? A Strike means: List of 2 items 1. the closing of a place of employment.19 of the Industrial Disputes Act. "pen down".19(2) and 19(6). • for any other reason. 1947] When shall conciliation proceedings commence? A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under S. a concerted refusal. [S. Any reference for adjudication of such a dispute would be invalid if a notice of intention to terminate had not been given. or a refusal. under a common understanding. "tool down". so employed to continue to work or accept employment. • the breakdown of machinery.20 of the Industrial Disputes Act.

" as the liability of the employer in cases of "lock-out" would depend on whether the "Lock out" was justified and legal or not. ordinarily involves an element of malice or ill will. 25C. the employer is unable to give employment to one or more workman. and it is essential that the workman has not been retrenched. However. What are the necessary ingredients of a Lay-off? List of 2 items 1. in the case of a "lock-out. Retrenchment is the termination of the workman's services 'for any reason whatsoever. whereas a ''lock-out is a closure of business for the time-being. or accumulation of stocks or breakdown of machinery or any other reason. refusal or inability on the employer''s part to give work to the concerned workman. There must be failure. but liability for compensation cannot be invoked in case of a "Lock out. • In the case of a "lay-off. power or raw materials. 2. the provisions applicable to the payment of "Lay-off" compensation cannot be applied to cases of "Lock-out". • the breakdown of machinery. Such failure.Such workman's name must be on the muster-roll of his Industrial establishment.off and Retrenchment? List of 2 items 1. • any other reason. On the other hand." the employer may be liable to pay compensation as provided by S. Lay-off doesnot involve the termination of services. a "Lay-off" is actuated by the exigencies of the business. refusal or inability of an employer to give employment to a workman on account of: List of 4 items (contains 1 nested list) List of 4 items nesting level 1 • shortage of coal. • But whatever the liability." the employer deliberately closes the business and locks out the whole body of workman. • In the case of a "Lay off". • the accumulation of stocks. 2. Lay-off is the failure. while retrenchment necessarily involves such termination. refusal or inability should necessarily be on account of any of the following factors: Shortage of coal.' However. • "Lock-out" is resorted to by the employer as a weapon of collective bargaining and also. 25D and 25E of the Act. What are the differences between Lay. What is the difference between a Lay off and a Lock out? List of 5 items • A lay-off generally occurs in a business which continues to operate. this does not include the following: List of 4 items . power or raw materials.

A workman. 3. • Termination on ground of continued ill-health. who has first been laid off may subsequently be retrenched by virtue of the second proviso to S. or 4. the words 'for any other reason' are to be construed. within six weeks before striking. if the contract of employment contains a provision in that behalf. list end nesting level 1 list end Block quote start . before the expiry of the date of lock-out specified in any such notice as aforesaid. The right to receive lay-off compensation is subject to the restrictions. 4. A retrenched workman cannot be laid off.• Punishment by way of disciplinary action. or 2. as the definition of lay-off states that the workman who is to be laid off should be one" whose name is borne on the muster-rolls of his industrial establishment. without giving them notice of lock-out as hereinafter provided. List of 1 items • No employer carrying on any public utility service shall lock-out any of his workmen: list end List of 4 items (contains 1 nested list) List of 4 items nesting level 1 1. 25 C. before the expiry of the date of strike specified in any such notice as aforesaid. without giving to the employer notice of strike. • Retirement at the age of superannuation. the right to retrenchment compensation is absolute. 2(kkk). within fourteen days of giving such notice. While an employer may lay off a workman only on account of the factors in S. during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.' In the case of a lay-off. On the other hand. within fourteen days of giving such notice. 2. List of 1 items • No person employed in a public utility service shall go on strike in breach of contract: List of 4 items (contains 1 nested list) List of 4 items nesting level 1 1. Discuss the provision regarding prohibition of strikes and lock-out in a public utility service. or 3. during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. • Voluntary retirement. and who has not been retrenched". an employer is entitled to retrench a workman on the ground that his services are not required for 'any reason whatsoever. specified in the Act. within six weeks before locking-out.

23 of the Industrial Disputes Act. during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings. No workman. Court. no employer of any such workman shall declare a lock-out in the following cases: List of 4 items 1. 4. imposed on the workmen for going on a strike in a public utility service and.24 of the Industrial Disputes Act. Block quote end List of 1 items • The notice of lock-out or strike under this section shall not be necessary where there is already in existence a strike or. the employer shall send intimation of such lock-out or strike on the day on which it is declared. 1947] Block quote endDiscuss the provision. where a notification has been issued under sub-section (3-A) of S. lockout in the public utility service. such strike or lock-out shall not be deemed to be illegal. shall go out on strike in breach of contract and. Where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of reference of the dispute to an arbitrator. have regarding compensation? . 2. as the case may be. [S. 3. 22 or S. Labour Court. provided it was not illegal at the time of commencement of such strike or lock-out. a strike in consequence of an illegal lock-out shall not be deemed to be illegal. Tribunal or National Tribunal. either generally or for a particular area or.It will be observed from the comparison of sub-sections 1 and 2 that the restrictions. list end Block quote start [S. 1947] What rights do workmen. Tribunal or National Tribunal and two months after the conclusion of such proceedings. list end [S. who have been laidoff. However. on an employer to declare lock-out in a public utility service are identical. who is employed in any industrial establishment. during any period in which a settlement or award is in operation in respect of any of the maters covered by the settlement or award.22 of the Industrial Disputes Act. which relates to general prohibition of strikes and lock-outs. A lock-out. 1947] When shall a strike or lock-out be illegal? A strike or a lock-out in contravention of S. declared in consequence of an illegal strike or. during the pendency of proceedings before a Labour Court. for a particular class of public utility services. 23 shall be illegal. 10-A. to such authority as may be specified by the appropriate Government. during the pendency of arbitration proceedings before the arbitrator and two months after the conclusion of such proceedings.

1947] What are the circumstances in which no compensation shall be paid to a workman who has been laid off? No compensation shall be paid to a workman. if there is an agreement to that effect between the workman and the employer: Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in S. whose name is borne on the muster. a workman is laid off for more than forty-five days. if in the opinion of the employer. which would normally have been paid to the workman are offered for the alternative employment also.Whenever a workman (other than a badli workman or a casual workman).25-F at any time after the expiry of the first forty-five days of the lay-off and when he does so. situated within a radius of five miles from the establishment to which he belongs. in respect of establishments to which Chapter V-A of the Industrial Disputes Act. who has been laid off in the following circumstances: List of 3 items 1.25-C of the Industrial Disputes Act. any compensation paid to the workman for having been laid off during the preceding twelve months may be set off against the compensation payable for retrenchment.25-E of the Industrial Disputes Act. if he does not present himself for work at the establishment at the appointed time during normal working hours or at least once a day. 3. 1947 applies? . he shall be paid by the employer for all days during which he is so laid off. 1947] What are the conditions. except for such weekly holidays as may intervene. no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days. precedent to retrenchment of workmen. if such laying-off is due to a strike or slowing-down of production on the part of the workmen in another part of the establishment. [S. However. compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him. if he refuses to accept any alternative employment in the same establishment from which he has been laid off. list end [S. had he not been laid off. such alternative employment does not call for any special skill or previous experience and can be done by the workman. whether continuously or intermittently.rolls of an industrial establishment and. 2. provided that the wages. who has completed not less than one year of continuous service under an employer is laid off. or in any other establishment belonging to the same employer. situated in the same town or village or. if during any period of twelve months.

25-F of the Industrial Disputes Act. would be void ab initio. What are the conditions. 1947 applies? No workman. • notice in the prescribed manner is served on the appropriate Government or such authority. award monetary compensation in lieu of reinstatement. any part thereof in excess of six months. however. or the workman has been paid in lieu of such notice.No workman.25-F.: List of 3 items • the workman has been given one month's notice in writing. precedent to retrenchment of workmen. as may be specified by the appropriate Government by notification in the Official Gazette.: List of 3 items • the workman has been given one month's notice in writing. any part thereof in excess of six months. without complying with S. precedent to retrenchment of workmen. the workman has been paid compensation. The Court may. • notice in the prescribed manner is served on the appropriate Government or such authority.25-F. 1947 applies? . employed in any industry. would be void ab initio. Such action would entitle the workman to a declaration for continuation of service with full back wages. award monetary compensation in lieu of reinstatement. who has been in continuous service for not less than one year unless an employer shall be retrenched by that employer unless the following circumstances exist. without complying with S. indicating the reasons for retrenchment and the period of notice has expired. employed in any industry. • at the time of retrenchment. which shall be equivalent to fifteen days' average pay for every completed year of continuous service or. • at the time of retrenchment. list end [S. What are the conditions. 1947] Retrenchment.25-F of the Industrial Disputes Act. which shall be equivalent to fifteen days' average pay for every completed year of continuous service or. list end [S. 1947] Retrenchment. in respect of establishments to which Chapter V-A of the Industrial Disputes Act. indicating the reasons for retrenchment and the period of notice has expired. The Court may. however. who has been in continuous service for not less than one year unless an employer shall be retrenched by that employer unless the following circumstances exist. or the workman has been paid in lieu of such notice. as may be specified by the appropriate Government by notification in the Official Gazette. the workman has been paid compensation. Such action would entitle the workman to a declaration for continuation of service with full back wages. in respect of establishments to which Chapter V-A of the Industrial Disputes Act.

25-FF of the Industrial Disputes Act. • at the time of retrenchment. 1947] Retrenchment. under the terms of such transfer or otherwise. every workman. nothing in this section shall apply to a workman in any case where there has been a change of employers by reason of the transfer. any part thereof in excess of six months. indicating the reasons for retrenchment and the period of notice has expired. without complying with S. The Court may. award monetary compensation in lieu of reinstatement. would be void ab initio. however. Such action would entitle the workman to a declaration for continuation of service with full back wages. or the workman has been paid in lieu of such notice. compensation on the basis that his service has been continuous and has not been interrupted by the transfer. employed in any industry. who has been in continuous service for not less than one year in that undertaking immediately before such transfer. from the employer in relation to that undertaking to a new employer. shall be entitled to notice and compensation in accordance with the provisions of S. whether by agreement or by operation of law. as if the workman had been retrenched: However.25-F. • notice in the prescribed manner is served on the appropriate Government or such authority.No workman.25-F. as may be specified by the appropriate Government by notification in the Official Gazette. legally liable to pay to the workman. Are the workmen entitled to compensation in case of transfer of undertakings? Where the ownership or management of an undertaking is transferred. 1047] . in the following circumstances: List of 3 items • the service of workman has not been interrupted by such transfer. applicable to the workman after such transfer. the workman has been paid compensation. are not in any way less favourable to the workman than those applicable to him immediately before the transfer. list end [S. • the new employer is. list end [S. which shall be equivalent to fifteen days' average pay for every completed year of continuous service or.25-F of the Industrial Disputes Act. who has been in continuous service for not less than one year unless an employer shall be retrenched by that employer unless the following circumstances exist.: List of 3 items • the workman has been given one month's notice in writing. in the event of his retrenchment. • the terms and conditions of service.

in the prescribed manner. list end nesting level 1 list end Block quote start (b) an undertaking set up for the construction of buildings. a notice. at least sixty days before the date on which the intended closure is to become effective. direct the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order. or • less than fifty workmen were employed on an average per working day in the preceding twelve months. 1947 provides for the same. canals.25-FFA of the Industrial Disputes Act. bridges. Block quote endAre the workmen entitled to compensation in case of an undertaking closes down? . nothing in this section shall apply to the following: list end Block quote start (a) an undertaking in which Block quote end List of 2 items (contains 1 nested list) List of 2 items nesting level 1 • less than fifty workmen are employed. such as an accident in the undertaking or the death of the employer or the like. by order. on the appropriate Government stating clearly the reasons for the intended closure of the undertaking: However. list end Block quote start However. Sec. Block quote end List of 1 items • Notwithstanding anything contained in sub-section (1).The important feature of this section is that under it the workmen can only claim compensation and not reinstatement. the appropriate Government may. dams or for other construction work of project. Sec. if it is satisfied that owing to such exceptional circumstances. precedent for closure and noncompliance does not render the closure illegal and non-est from its very commencement. it is necessary to do so. roads.25-FFA reads as follows: List of 1 items • An employer who intends to close down an undertaking shall serve. Is the employer required to give a notice of intention to close down any undertaking? Yes. notice under Sec25-FFA is not a condition.

(c) the employer is. no workman referred to in that sub-section shall be entitled to any notice or compensation in accordance with the provisions of Sec. the compensation to be paid to the workman under clause (b) of Section 25-F shall not exceed his average pay for three months. • accumulation of undisposed of stocks. where an undertaking. under the terms of such alternative employment or otherwise. Explanation . be entitled to notice and compensation in accordance with the provisions of Sec.3 of the Mines and Minerals (Regulation and Development) Act. subject to the provisions of subsection (2).An undertaking shall not be deemed to be closed down on account of unavoidable circumstances. . respectively assigned to them in clauses (a) and (d) of Sec. who has been in continuous service for not less than one year in that undertaking immediately before such closure. where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer. in the event of his retrenchment. or • the expiry of the period of the lease or licence granted to it. (b) the service of the workman has not been interrupted by such alternative employment. every workman. and on the same terms and conditions of service as were applicable to him. engaged in mining operations. 25-F. is closed down by reason merely of exhaustion of the minerals in the area in which such operations are carried on.(1) Where an undertaking is closed down for any reason whatsoever. in the following cases: List of 4 items • financial difficulties (including financial losses). in the following cases: Block quote start (a) the employer provides the workman with alternative employment with effect from the date of closure at the same remuneration as he was entitled to receive. legally liable to pay to the workman. 1957. no matter what is contained in sub-section (1). beyond the control of the employer within the meaning of the proviso to this sub-section. compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment. exhaustion of the minerals in the area in which such operations are carried on. the expressions "minerals" and "mining operations" shall have the meanings. shall. or • in a case where the undertaking is engaged in mining operations. list end (1-A) However. Block quote end (1-B) For the purposes of sub-sections (1) and (1-A). immediately before the closure. as if the workman had been retrenched: However.25-F.

bridges. orders or notifications. the workman shall continue to be entitled to more favourable benefits in respect of that matter. shall be entitled to any compensation under clause (b) of Section 25-F. However. if under the provisions of any other Act or rules. roads. 1946. the rights and liabilities of employers and workmen in relation to lay-off and retrenchment shall be determined in accordance with the provisions of this Chapter.(2) Where any undertaking set up for the construction of buildings. list end Block quote start However. who is a citizen of India. he shall be entitled to notice and compensation under that section for every completed year of continuous service or any part thereof in excess of six months. Block quote end List of 1 items • For the removal of doubts. in the absence of any agreement between the employer and the workman in this behalf. This is generally called the system of last come first go. no workman. . if the construction work is not completed within two years. is to be retrenched and he belongs to a particular category of workmen in that establishment. canals. it is hereby declared that nothing contained in this Chapter shall be deemed to affect the provisions of any other law for the time being in force in any State. including standing orders made under the Industrial Employment (Standing Orders) Act. who was the last person to be employed in that category. dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking has been set up. that are received or. employed therein. However. the employer retrenches any other workman. which are more favourable to him than those to which he would be entitled under this Act. Where any workman in an industrial establishment. under any standing orders or under any award. 1947? List of 1 items • The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law. [Sec. What is the effect of laws that are inconsistent with Chapter V-A of the Industrial Disputes Act. a workman is entitled to benefits in respect of any matters.25-G which gives the procedure for retrenchment reads as follows. 1947] What is the procedure for retrenchment of a workman? S. the employer shall ordinarily retrench the workman.25-FFF of the Industrial Disputes Act. as the law provides for the settlement of industrial disputes. contract of service or otherwise. unless for reasons to be recorded. even though he receives benefits in respect of other matters under this Act.

as defined in clause (m) of Section 2 of the Factories Act. List of 2 items 1. a mine. in relation to any company. 1952. What is an 'industrial establishment' to which Chapter V-B of the Industrial Disputes Act. whose name is borne on the muster rolls of an industrial establishment to which this Chapter applies. shall be laid off by his employer except with the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette. 2. The same does not apply to establishments of seasonal character or in which work is performed only intermittently. made in this behalf. 1947] What are the provisions that relate to the prohibition of lay-off? S. as defined in clause (j) of sub-section (1) of Section 2 of the Mines Act. a factory. No workman (other than a badli workman or casual workman). the Central Government shall be the appropriate Government for the following:-.25-M which contains the provisions for prohibition of lay-off reads as follows: List of 10 items 1.25-L of the Industrial Disputes Act. retrenchment and closure in respect of establishments in which 100 or more persons are employed on an average working day for the preceding twelve months. 1948. in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government. 3. obtained on an application. list end (b) Notwithstanding anything contained in sub-clause (ii) of clause (a) of Section 2. in relation to any corporation. a plantation. 1947] Block quote endWhat is the application of Chapter V-B of the Industrial Disputes Act. unless this lay-off is due to shortage of power or . 1947? Chapter V-B deals with special provisions relating to lay-off. 1951.list end Block quote start [S. 2. as defined in clause (f) of Section 2 of the Plantations Labour Act.25-J of the Industrial Disputes Act. list end [S. not being established by or under any law made by Parliament. 1947 applies? For the purpose of Chapter V-B: (a) "industrial establishment" means List of 3 items 1.

having regard to the genuineness and adequacy of reasons for such lay-off. in relation to such establishment. shall. to the appropriate Government or the specified authority for permission to continue the lay-off. Where no application of permission under sub-section (1) is made. subject to the provisions of sub-section (7). by order and. 8. either on its own motion or on the application. in the prescribed manner. granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made. Where the workmen (other than badli workmen or casual workmen) of an industrial establishment. if it is satisfied that. who are interested in such lay-off. flood. grant or refuse to grant such permission. the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laid off. 3. or no application for permission under sub-section (3) is made within the period specified therein. be final and binding on all the concerned parties and shall remain in force for one year from the date of such order. within a period of thirty days from the date of commencement of such lay-off. the employer. the concerned workman and the persons. made by the employer or any workman. if such a such lay-off is due to fire. after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer. 4. flood or excess of inflammable gas or explosion. as the case may be. it shall pass an award within a period of thirty days from such reference. excess of inflammable gas or explosion. the interest of the workmen and all other relevant factors. where a reference has been made to a Tribunal. Where an application for permission under sub-section (1) or sub-section (3) has been made. applied for. the appropriate Government may. A copy of such order shall be communicated to the employer and the workmen. apply. or where permission for a lay-off has been refused. the specified authority does not communicate the order. 2. such lay-off shall be deemed to be illegal from the date on which the workmen had been laid off. shall be deemed to have been granted on the expiration of the said period of sixty days. the appropriate Government or the specified authority. Notwithstanding anything contained in the foregoing provisions of this section. being a mine. under sub-section (1) or (3) has been made and the appropriate Government or. 7.to natural calamity and in the case of a mine. 9. owing to such . stating clearly the reasons for the intended lay-off and. An order of the appropriate Government or the specified authority. review its order granting or refusing to grant permission under sub-section (4) or refer the matter or. a copy of such also must be served simultaneously on the concerned workmen in the prescribed manner. An application for permission under sub-section (1) shall be made by the employer in the prescribed manner. have been laid-off under sub-section (1) for reasons of fire. cause it to be referred to a Tribunal for adjudication: However. 6. The appropriate Government or the specified authority may. may. 5. Where an application for permission. the permission. Also. granting or refusing to grant permission shall. for reasons to be recorded in writing.

the appropriate Government or the specified authority. the concerned workmen and the persons. the interests of the workmen and all other relevant factors. • Where an application for permission has been made. or. may. granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made. Also. 3. by order and for reasons to be recorded in writing. the prior permission of the appropriate Government or such authority. shall be retrenched by that employer until: list end List of 3 items (contains 1 nested list) List of 3 items nesting level 1 1. list end nesting level 1 list end List of 8 items • An application for permission under sub-section (1) shall be made by the employer in the prescribed manner. The provisions of S. 10. as the case may be. interested in such retrenchment. are contained in Sec. by order. grant or refuse to grant such permission.exceptional circumstances as an accident in the establishment or the death of the employer or the like. after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer. 1947 applies? The conditions. sub-section (3) shall not apply in relation to such establishment for such period as may be specified in the order. stating clearly the reasons for the intended retrenchment and a copy of such application shall also be served simultaneously on the concerned workmen in the prescribed manner. as may be specified by that Government by notification in the Official Gazette. a copy of such order shall be communicated to the employer and the workmen. indicating the reasons for retrenchment and the period of notice has expired. This reads as follows: List of 1 items • No workman. who has been in continuous service for not less than one year under an employer. direct that the provisions of sub-section (1). the workman has been paid in lieu of such notice.25-N. 2. has been obtained on an application made in this behalf. it is necessary so to do. the workman has been given three months'' notice in writing. precedent to retrenchment of workmen. list endWhat are the conditions that are precedent to retrenchment of workmen in respect of establishments to which Chapter V-B of the Industrial Disputes Act. • Where an application for permission is made and the appropriate Government or the specified authority does not communicate the order. the permission that is applied for shall be deemed to have been granted on the expiration of the said period of sixty days. employed in any industrial establishment to which Chapter V-B applies. having regard to the genuineness and adequacy of reasons stated by the employer. wages for the period of the notice. . 25-C shall apply to cases of lay-off that are referred to in this section.

it is necessary so to do. review its order. where a reference has been made to a Tribunal under this sub-section. • The appropriate Government or the specified authority may. granting or refusing to grant permission shall be final and binding on all the concerned parties and shall remain in force for one year from the date of such order. in the prescribed manner. compensation. covered by Chapter V-B reads as follows: List of 1 items • An employer. who is employed in that establishment immediately before the date of application for permission under this section. shall be entitled to receive. cause it to be referred. as the case may be. It may even refer the matter or. an order of the appropriate Government or specified authority. The workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him. • Where no application for permission under sub-section (1) is made. it shall pass an award within a period of thirty days from the date of such reference. the appropriate Government may. A copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner: list end Block quote start . or where the permission for any retrenchment has been refused.• Subject to the provisions of sub-section (6). such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman. stating clearly the reasons for the intended closure of the undertaking. to a Tribunal for adjudication: However. list endWhat is the procedure for closing down an undertaking covered by Chapter V-B of the Industrial Disputes Act. either on its own motion or. shall. who intends to close down an undertaking of an establishment to which this Chapter applies. 1947? S. by order. • Notwithstanding anything contained in the foregoing provisions of this section. direct that the provisions of sub-section (1) shall not apply in relation to such establishment for such period as may be specified in the order. every workman. granting or refusing to grant permission under sub-section (3). on the application made by the employer or any workman. apply for prior permission at least ninety days before the date on which the intended closure is to become effective. which provides for the procedure of closing down an undertaking. which shall be equivalent to fifteen days'' average pay for every completed year of continuous service or any part thereof in excess of six months. if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like. at the time of retrenchment. 25-O. This application is to be made to the appropriate Government. • Where permission for retrenchment has been granted under sub-section (3) or where permission for retrenchment is deemed to be granted under sub-section (4).

review its order. Then. either on its own motion or on the application made by the employer or any workman.However. as if the undertaking had not been closed down. the workmen and the persons. where permission for closure is deemed to be granted under sub-section (3). under sub-section (1) is made within a period specified therein. by order. it shall pass an award within a period of thirty days from the date of such reference. if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like. grant or refuse to grant such permission. or where the permission for closure has been refused. • Where an application has been made under sub-section () and the appropriate Government does not communicate the order. It shall remain in force for one year from the date of such order. canals. • Where an undertaking is permitted to be closed down under sub-section (2) or. • The appropriate Government may. Block quote end List of 4 items • Where an application for permission has been made under sub-section (1). be final and binding on all the parties. the appropriate Government. . for the time being in force. the appropriate Government may. nothing in this sub-section shall apply to an undertaking that is set up for the construction of buildings. granting or refusing to grant permission shall. bridges. interested in such closure may. if a reference has been made to a Tribunal under this sub-section. Block quote end List of 3 items • Where no application for permission. roads. after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer. the interests of the general public and all other relevant factors. • An order of the appropriate Government. granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made. and dams or for other construction work. granting or refusing to grant permission under sub-section (2) or refer the matter to a Tribunal for adjudication: list end Block quote start However. direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period as may be specified in the order. the closure of the undertaking shall be deemed to be illegal from the date of closure. having regard to the genuineness and adequacy of the reasons stated by the employer. it is necessary so to do. • Notwithstanding anything contained in the foregoing provisions of this section. the workmen shall be entitled to all the benefits under the law. by order and for reasons to be recorded in writing. subject to the provisions of sub-section (5). the permission that is applied for shall be deemed to have been granted on the expiration of the said period of sixty days. A copy of such order shall be communicated to the employer and the workmen.

or with fine.every workman. given under Section 25-P. reads as follows: No employer or workman or a trade union. who contravenes the provisions of Sections 25-M or 25-N. which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months. Discuss the provision regarding prohibition of unfair labour practice. • Any employer. which may extend to one month. who is employed in that undertaking immediately before the date of application for permission under this section.25-R of the Industrial Disputes Act. [S. he can be punished with imprisonment upto six months or with fine upto Rs.25-Q of the Industrial Disputes Act.or both. shall be entitled to receive compensation. If a person is found guilty of any unfair labour practice. list endWhat is the penalty for lay-off and retrenchment without previous permission? Any employer. Where the contravention is a continuing one. or with both. 1947] What is the penalty for illegal strikes and lock-outs? . there will be a further fine. which may extend to five thousand rupees. list end Block quote start [S. which may extend to one thousand rupees or with both. or not. who contravenes an order refusing to grant permission to close down an undertaking under sub-section (2) of Section 25-O or. 1947] Block quote endWhat is meant by unfair Labour Practise? Unfair Labour Practises are specified in the 5th Schedule of the Industrial Dispute Act. a direction. shall commit an unfair labour practice. shall be punishable with imprisonment for a term. shall be punishable with imprisonment for a term. 25-T. 1926 (16 of 1926). or with fine. which may extend to one month. [S. which provides for the prohibition of unfair labour practice. which may extend to six months. who closes down an undertaking without complying with the provisions of sub-section (1) of Section 25-O. which may extend to one thousand rupees. shall be punishable with imprisonment for a term. shall be punishable with imprisonment for a term which may extend to one year.25-U of the Industrial Disputes Act. S. or with both. or with a fine which may extend to five thousand rupees.1000/. who commits any unfair labour practice. What is the penalty for committing unfair labour practices? Any person. which may extend to two thousand rupees for every day during which the contravention continues after the conviction. or with both. or with fine. whether registered under the Trade Unions Act. 1947] What is the penalty for closure? List of 2 items • Any employer.

which may extend to fifty rupees. which is illegal under this Act. who commences. or with both. or otherwise acts in furtherance of a lockout. who commences. Any employer. which may extend to fifty rupees.List of 2 items 1.26 of the Industrial Disputes Act. or otherwise acts in furtherance of. or with both. list end [S. which may extend to one month.26 of the Industrial Disputes Act. continues.? Any person.26 of the Industrial Disputes Act. which is illegal under this Act. or with both. Any employer. shall be punishable with imprisonment for a term. or with fine. who instigates or incites others to take part in. who commences. list end [S. or with both. or otherwise acts in furtherance of a lockout. Any workman. which is illegal under this Act. 1947] What is the penalty for illegal strikes and lock-outs? List of 2 items 1. 1947] What is the penalty for illegal strikes and lock-outs? List of 2 items 1. who commences. shall be punishable with imprisonment for a term. which may extend to fifty rupees. 2. which is illegal under this Act. 2. continues. which is illegal under this Act. who commences. Any employer. or with both. or otherwise acts in furtherance of a lockout. 2. 1947] What is the penalty for instigation. which is illegal under this Act. etc. shall be punishable with imprisonment for a term. . continues. or with fine which may extend to one thousand rupees. or with both. shall be punishable with imprisonment for a term which may extend to one thousand rupees. which may extend to one month. which may extend to one month. a strike or lock-out. continues or otherwise acts in furtherance of a strike. continues or otherwise acts in furtherance of a strike. or with fine which may extend to one thousand rupees. or with both. continues or otherwise acts in furtherance of a strike. who commences. or with fine which may extend to one thousand rupees. shall be punishable with imprisonment for a term which may extend to one month. Any workman. or with fine. which is illegal under this Act. shall be punishable with imprisonment for a term which may extend to one month. list end [S. Any workman. or with fine. shall be punishable with imprisonment for a term which may extend to one month.

30 of the Industrial Disputes Act. if the Court that is trying the offence fines the offender. who closes down any undertaking without complying with the provisions of Section 25-FFA. it may direct that the whole or any part of the fine realized from him shall be paid. or with fine which may extend to one thousand rupees or with both. [S.33? Any employer. or with both. who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out. [S. which is binding on him under this Act.33. by way of compensation. 1947] What is the penalty for breach of settlement or award? Any person. [S. shall be punishable with imprisonment for a term which may extend to six months. 1947] What is the penalty for an employer who contravenes the provisions of S. which may extend to six months. [S. who willfully discloses any such information as is referred to in Section 21 in contravention of the provisions of that section shall. has been injured by such breach. If the breach is a continuing one. 1947] What is the penalty for contravention of any provisions of the Act for which no other penalty is elsewhere provided? .31 (1) of the Industrial Disputes Act.28 of the Industrial Disputes Act. shall be punishable with imprisonment for a term which may extend to six months. or with fine. who commits a breach of any term of any settlement or award. 30-A of the Industrial Disputes Act. be punishable with imprisonment for a term which may extend to six months. or with both. or with both. in its opinion. there will be a further fine which may extend to two hundred rupees for every day during which the breach continues after the conviction for the first. or with both.29 of the Industrial Disputes Act. shall be punishable with imprisonment for a term. on complaint. or with fine which may extend to five thousand rupees. 1947] What is the penalty for closure without notice? Any employer. Moreover. 1947] What is the penalty for disclosing confidential information? Any person. shall be punishable with imprisonment for a term which may extend to six months. or with fine. 1947] What is the penalty for giving financial aid to illegal strikes and lock-outs? Any person. who contravenes the provisions of S. or with fine which may extend to one thousand rupees. made by or on behalf of the trade union or individual business that is affected. which may extend to one thousand rupees.[S. to any person who.27 of the Industrial Disputes Act. [S.

in accordance with the terms of the contract. every director. be changed during pendency of proceedings? Only by following the procedure outlined Sec. connected with the dispute. the above stipulations do not apply if he has the permission. Where a person.Whoever contravenes any of the provisions of this Act or any rule made thereunder shall. in writing. in accordance with the standing orders. for any misconduct. alter. if no other penalty is elsewhere provided by or under this Act for such contravention. whether by dismissal or otherwise. concerned with the management thereof shall. be deemed to be guilty of such offence. be punishable with fine which may extend to one hundred rupees. of the authority before which the proceeding is pending.. between him and the workman: . manager. [S.32 of the Industrial Disputes Act. list end nesting level 1 list end Block quote start However. any workman concerned in such dispute. or an association of persons (whether incorporated or not). where there are no such standing orders.31 (1) of the Industrial Disputes Act. or 2. secretary. 1947] Discuss the provisions that relate to offences by companies. the employer may. [S. whether express or implied.33 reads as follows: List of 1 items • During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before an arbitrator or a Labour Court or Tribunal or National Tribunal in respect of an industrial dispute. no employer shall: list end List of 2 items (contains 1 nested list) List of 2 items nesting level 1 1. or other body corporate. discharge or punish.33 provides that the conditions of service etc. the conditions of service applicable to them immediately before the commencement of such proceeding. applicable to a workman concerned in such dispute or. to the prejudice of the concerned workmen in such dispute. in regard to any matter connected with the dispute. committing an offence under this Act. agent or other officer or person. should remain unchanged under certain circumstances during the pendency of proceedings. Sec. Block quote end List of 1 items • During the pendency of any such proceeding in respect of an industrial dispute. unless he proves that the offence was committed without his knowledge or consent. 1947] Can the conditions of service. is a company. etc.

the concerned authority shall. save with the express permission in writing of the authority before which the proceeding is pending. in regard to any matter not connected with the dispute. immediately before the commencement of such proceeding. subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen among various trade unions. hear such application and pass. without delay. such order as it deems fit: • If such authority considers it necessary or expedients so to do. within a period of three months from the date of receipt of such application. a Labour Court. such protected workman. Board. the conditions of service applicable to that workman. or 2. extend such period by such further period . by altering. • Where an employer makes an application to a conciliation officer. whether by dismissal or otherwise. the conditions of service applicable to him immediately before the commencement of such proceeding. for approval of the action that is taken by the employer. if any. the number of workmen to be recognized as protected workmen for the purposes of sub-section (3) shall be one per cent of the total number of employed workmen. whether by dismissal or otherwise. no such workman shall be discharged or dismissed. to the prejudice of such protected workman.list end List of 2 items (contains 1 nested list) List of 2 items nesting level 1 1. Also. it may. during the pendency of any such proceeding in respect of an industrial dispute. alter. or 2. that workman: list end nesting level 1 list end Block quote start However. before which the proceeding is pending. for any misconduct not connected with the dispute. an application must be made by the employer to the authority. take any action against any protected workman concerned in such dispute in the following manner: list end List of 2 items (contains 1 nested list) List of 2 items nesting level 1 1. no employer shall. list end nesting level 1 list end List of 3 items • In every establishment. unless he has been paid wages for a month. discharge or punish. Block quote end List of 1 items • Notwithstanding anything contained in sub-section (2). Tribunal or National Tribunal under the proviso to sub-section (2) for approval of the action taken by him. an arbitrator. by discharging or punishing. for reasons to be recorded in writing.

Labour Court. Board. his assignee or heirs may. Tribunal or National Tribunal and on receipt of such complaint. such industrial dispute. in the prescribed manner: List of 2 items • to such conciliation officer or Board. If the appropriate Government is satisfied that any money is so due. Tribunal or national Tribunal. without prejudice to any other mode of recovery. reads as follows: List of 1 items • Where any money is due to a workman from a employer under a settlement or an award or under the provisions of Chapter V-A or V-B. Where an employer contravenes the provisions of S. specified in this sub-section. S. 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: list end Block quote start The following points must be remembered: Block quote end List of 3 items (contains 1 nested list) . shall adjudicate upon the complaint as if it were a dispute referred to or pending before it. make an application to the appropriate Government for the recovery of the money due to him. a Labour Court. may make a complaint in writing. 33 during the pendency of proceedings before a conciliation officer. aggrieved by such contravention. as the case may be. which deals with the recovery of money due from the employer. the arbitrator.. Tribunal or National Tribunal. an arbitrator.as it may deem fit: list end No proceedings before any such authority should have lapsed merely on the ground that any period.33-C. in the case of the death of the workman. and the conciliation officer or Board. changed during pendency of proceedings. and • to such arbitrator. etc. or.33-A of the Industrial Disputes Act. authorized by him in writing in this behalf. and promoting the settlement of. list end Block quote start [S. 1947] Block quote endDiscuss the provisions regarding the recovery of money due from an employer. Discuss the special provision for adjudication related to the conditions of service. in accordance with the provisions of this Act and shall submit his or its award to the appropriate Government and the provisions of this Act shall apply accordingly. had expired without such proceedings being completed. Labour Court. any employee. and the conciliation officer or Board shall take such complaint into account in mediating in. the workman himself or any other person.

if any question arises as to the amount of money due or. • Where any workman is entitled to receive from the employer any money or any benefit. subject to such rules as may be made in this behalf. as to the amount at which such benefit should be computed. subject to any rules that may be made under this Act. appoint a Commissioner who shall. for reasons to be recorded in writing. not exceeding three months: list end nesting level 1 list end Block quote start Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do. they are entitled to receive from him any money or any benefit capable of being computed in terms of money. be decided by such Labour Court as may be specified in this behalf by the appropriate Government within a period.In this section. the Labour Court may. constituted under any law. after taking such evidence as may be necessary. if it so thinks fit. may be recovered by the manner provided for in sub-section (1). which is capable of being computed in terms of money and.List of 3 items nesting level 1 • Every such application shall be made within one year from the date on which the money became due to the workman from the employer. • Any such application may be entertained after the expiry of the said period of one year. list end Explanation . • Where workmen are employed under the same employer. then the question may. A single application for the recovery of the amount due may be made on behalf of or. • The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount. found due by the Labour Court. submit a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the Commissioner and other circumstances of the case. What is the provision regarding cognizance of offences? List of 2 items . relating to the investigation and settlement of industrial disputes in force in any State. if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period. Block quote end List of 3 items • For the purposes of computing the money value of a benefit. " Labour Court" includes any court. in respect of any number of such workmen. extend such period by such further period as he may think fit. he may.

1947. No Court shall take cognizance of any offence.1. referred to in clause (a). list end nesting level 1 list end List of 1 items • An employer. reads as follows: List of 1 items • A workman. 3. save on complaint made by or under the authority of the appropriate Government. list end nesting level 1 list end List of 2 items • No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act or in any proceedings before a Court. shall be entitled to be represented in any proceeding under this Act by the following: list end List of 3 items (contains 1 nested list) List of 3 items nesting level 1 1. any member of the executive or other office bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated. shall try any offence punishable under this Act. 2. inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class. 2. by an officer of any association of employers. who is a party to a dispute. or by any other workman.34 of the Industrial Disputes Act. shall be entitled to be represented in an proceeding under this Act by the following: list end List of 3 items (contains 1 nested list) List of 3 items nesting level 1 1. where the worker is not a member of any trade union. . S. which deals with the representation of parties. who is a party to a dispute. employed in the industry in which the worker is employed and authorized in such manner as may be prescribed. No Court.36. by any member of the executive or other office bearer of any trade union. of the abetment of any such offence. where the employer is not a member of any association of employers. or by any other employer. connected with. 3. is affiliated. an officer of an association of employers of which he is a member. any member of the executive or other office bearer of a registered trade union of which he is a member. 2. an officer of a federation of associations of employers to which the association. list end [S. 1947] Discuss the provisions that relate to the representation of parties before any authority under the Industrial Disputes Act. engaged in the industry in which the employer is engaged and authorized in such manner as may be prescribed. connected with. punishable under this Act or.

[S. where more than a hundred workmen are employed. Tribunal or National Tribunal. he shall. If there is any shortfall in the amounts. The employer has the liberty to depart from this rule only in exceptional cases for reasons to be recorded by him. the termination of service will be treated as an illegal retrenchment. 1947] . Retrenchment must be based on the principle of "last come. What is the provision regarding re-employment of retrenched workmen? Where any workmen are retrenched and the employer proposes to take into his employ any persons.. These retrenched workmen. i. The workman to be retrenched must be given one month's notice or be paid wages of one month in lieu of notice. who are citizens of India. at least eight days prior to retrenching a workman.25-H of the Industrial Disputes Act. In all other industrial establishments. shall have preference over other persons. a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court. first go". together with retrenchment compensation at the time his services are terminated. the employer must display. in such manner as may be prescribed. a seniority list of the workman and the categories from which retrenchment is to be effected. Tribunal or National Tribunal. as the case may be. plantation or mine.e. The amount of retrenchment compensation and wages in lieu of notice must be correctly calculated.• In any proceeding before a Labour Court. The employer cannot direct the workman to come and collect the said amounts after the letter terminating his services has taken effect. to offer themselves for reemployment. list endWhat precautions must an employer take before retrenching a workman? Before retrenching a workman. the junior most workman in the category must be retrenched first. give an opportunity to the retrenched workmen. must take permission from the appropriate government for retrenchment. who offer themselves for re-employment. the employer in a factory. The tender of the amounts must be genuine.