Industrial Disputes Act 1947

Introduction
The Employers and Workmen’s (Disputes) Act, 1880 was the first law dealing with
industrial disputes in India,
The Trade Disputes Act, 1929, replaced this Act.
The Industrial Disputes Act, 1947 came in place of the 1929 Act to give more coverage
to the industries disputes in the country.
The Act came into force on the 01.04.1947.
The Act extends to the whole of lndia.
It applies to all industries whether owned by private owners or by the Government

Objectives
Workman of Dimakuchi Tea Estate v. The Management of Dimakuchi Tea Estate, AIR
(1958) SC 353 . The Supreme Court laid down the following principal objectives of the Act:
Promotion of measures for securing and preserving amity and good relations between the
employer and workmen.
Investigation and settlement of industrial disputes between employers and employers,
employers and workmen, or workmen and workmen.
Prevention of illegal strikes and lock-outs.
Relief to workmen in the matter of lay-off and retrenchment.
Promotion of collective bargaining.
Providing machinery or authority for settlement of industrial disputes.
Relief to workmen in case of transfer and closure of undertaking.
Improving service conditions of labor.
Workman [Section 2(5)]
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 is express or implied.
For the purposes of any proceeding under the Act. Workmen 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.
Workman does not include the following :
Any person who is subject to the Air Force Act, 1950,0r the Army Act, 1950, or the Navy

Any person who is employed in the police service or as an officer or other employee of a
prison.
 Any person who is employed mainly in a managerial or administrative capacity.
Any person who, being employed in a supervisory capacity, draws wages exceeding
10,000 p. m Any person who exercises functions mainly of a managerial nature.
Industry [Section 2(i)]
Industry means any business, trade, undertaking, manufacture or calling of employers and
includes any calling, service, employment, handicraft, or industrial occupation or evocation
of
workmen.
Case Laws; Bangalore Water Supply v. A Rajappa (1978) 2 SCC 213 [Triple Test]
A bench of the Supreme Court consisting of seven judges exclusively considered the scope of
industry and laid down that "Where there is
systematic activity,
organised by co-operation between employer and employee,
for the production and/or distribution of goods and services calculated to satisfy human
wants and wishes,
prima facie, there is an "industry" in that enterprise." This is known as the ‘Triple Test’
for
defining an enterprise as industry.
Industrial Dispute [Section 2(k)
Industrial dispute means any dispute or difference between
employers and employers or

employers and workmen, or

workmen and workmen,
which is connected with the employment or non-employment or the terms of employment or
with the conditions of labour of any person.
The two crucial limitations are
the dispute must be a real dispute between the parties capable of settlement or
adjudication and
the person against whom the dispute is raised must be one in whose employment,
nonemployment,
terms of employment, or conditions of labour, the parties to the dispute
have a direct or substantial interest.
Conciliation Officer [Section 4]
Appropriate government to appoint conciliation officers.
The conciliation officers shall be charged with the duty of mediating and promoting the
settlement of industrial disputes.
A conciliation officer may be appointed for a specified area or for specified industries in
a specified area or for one or more specified industries either permanently or for a limited
period.
Powers of Conciliation Officer
The conciliation officer may enter the premises of any establishment to which the dispute
relates after giving reasonable notice for holding conciliation proceeding.
The conciliation officer may enforce the attendance of any person for the purpose of
examination of such person
The conciliation officer may call for and inspect any documents which are relevant to the
industrial dispute or for verifying the implementation of any award or carrying out any
other duty.
Duties of Conciliation Officers
Where any industrial dispute exists or is apprehended, the conciliation officer may hold
conciliation proceedings to settle the dispute.
Where the dispute relates to a public utility service and a notice has been given, the
conciliation officer shall hold conciliation proceedings to settle the dispute.
The conciliation officer shall investigate the dispute and may do all such things as he
thinks ht for the purpose of inducing the parties to come to a fair and amicable
settlement.
A report shall be submitted within 14 days of the commencement of the conciliation
proceedings or within such shorter period as may be fixed by the appropriate
Government. The time may be extended by such period as may be agreed upon in writing
by all the parties to the dispute.
Duties of Court
A Court shall inquire into the matters referred to it and report thereon to the appropriate
government ordinarily within a period of six months from the commencement of its
inquiry.
Every report of a Court together with any minute of dissent shall, within a period of 30
days from the date of its receipt by the appropriate government, be published in such
manner as the appropriate government thinks tit.
The award so published shall be final and shall not be called in question by any Court.