Industrial law

Q1. Explain the concept of industrial relation and industrial dispute., according to
section 2(k)?

Concept of Industrial Relations. By “relations” we mean “the relationships

that exist within the industry between the employer and his workmen.” The
term industrial relations explains the relationship between employees and
management which stems directly or indirectly from union-employer
relationship

In common parlance, dispute means difference or disagreement of strife over

some issues between the parties. As regards industrial dispute, since its
settlement proceeds as per the legal provisions contained in the ‘Industrial
Disputes’ Act, 1947, hence it seems pertinent to study the concept of
industrial disputes from a legalistic angle.

According to Section 2 (k) of the Industrial Disputes Act, 1947, the term
‘industrial dispute’ means “any dispute or difference between employers and
employers or between employers and workmen, or between workmen and
workmen, which is connected with the employment or non- employment or
the terms of employment and conditions of employment of any person”.

Points

The following principles judge the nature of an industrial

dispute:
1. The dispute must affect a large number of workmen who have a
community of interest and the rights of these workmen must be affected as
a class.

ADVERTISEMENTS:

2. The dispute must be taken up either by the industry union or by a

substantial number of workmen.

3. The grievance turns from individual complaint into a general complaint.

4. There must be some nexus between the union and the dispute.

5. According to Section 2A of the Industrial Disputes Act, 1947, a workman

has a right to raise an industrial dispute with regard to termination,
discharge, dismissal, or retrenchment of his or her service, even though no
other workman or any trade union of workman or any trade union of
workmen raises it or is a party to the dispute.

Forms of industrial dispute

Forms of Industrial Disputes:

The industrial disputes are manifested in the following forms:
Strikes: Strike is the most important form of industrial disputes. A strike is
a spontaneous and concerted withdrawal of labour from production. The
Industrial Disputes Act, 1947 defines a strike as “suspension or cessation of
work by a group of persons employed in any industry, acting in combi-
nation or a concerted refusal or a refusal under a common understanding of
any number of persons who are or have been so employed to continue to
work or accept employment”.
According to Patterson “Strikes constitute militant and organised protest
against existing industrial relations. They are symptoms of industrial unrest
in the same way that boils symptoms of disordered system”.

Lock-Outs:
Lock-out is the counter-part of strikes. While a ‘strike’ is an organised or
concerted withdrawal of the supply of labour, ‘lock-out’ is withholding
demand for it. Lock-out is the weapon available to the employer to shut-
down the place of work till the workers agree to resume work on the
conditions laid down by the employer. The Industrial Disputes Act, 1947
defined lock-out as “the temporary shutting down or closing of a place of
business by the employer”.

Q2. Define trade union as well as registration of trade union?

An organization whose membership consists of workers and union leaders,

united to protect and promote their common interests.
The principal purposes of a labor union are to

(1) negotiate wages and working condition terms,

(2) regulate relations between workers (its members) and the employer,

(3) take collective action to enforce the terms of collective bargaining,

(4) raise new demands on behalf of its members, and

(5) help settle their grievances. A trade union may be:

(a) A company union that represents interests of only one company and may
not have any connection with other unions.
Definition: Labour unions or trade unions are organizations formed by
workers from related fields that work for the common interest of its members.
They help workers in issues like fairness of pay, good working environment,
hours of work and benefits. They represent a cluster of workers and provide
a link between the management and workers.

Application for registration

According to section 5 of the Act, every application for the registration of the trade
union shall be made to the Registrar and shall be accompanied by a copy of the rules
of the Trade Union and a statement of the following particulars namely-

1. The names, occupations and addresses of the members making the

application;
2. The name of the trade union and the address of its head office, and
3. The titles, names, ages, addresses and occupations of the office- bearers of the
trade union.

Where a trade union has been in existence for more than a year, then a copy of the
assets and liabilities shall also be submitted along with the application for
registration.

Q3. What is the meaning of factory?

A factory or manufacturing plant is an industrial site, usually consisting of

buildings and machinery, or more commonly a complex having several
buildings, where workers manufacture goods or operate machines
processing one product into another.

Q4. Explain the hazardous processes as well as health related

provision of the workers?

In terms of the law, ‘hazardous processes’ means any process or activity in relation to
an industry where, unless special care is taken, raw materials used therein or the
intermediate or finished products, by-products, wastes or effluents thereof would-
(a) cause material impairment to the health of the person
(b) result in pollution or the general environment

In this article, we will look at the various rules and provisions related to the
hazardous processes in the Factories Act, 1948.

 accurately maintain the health and medical records of all the workers in a
factory. It is mainly for those workers who are working in the manufacturing of
toxic or harmful substances.
 appoint persons who possess qualifications and experience in handling
hazardous substances. They should also be competent to supervise such
handling within the factory. Moreover, they should provide all the necessary
facilities for protecting the workers in the manner prescribed.

 provide for medical examination of every worker before assigning any

production task involving hazardous substance.

Q.Safety and welfare provision for employees?

Health

Cleanliness.

Disposal of wastes and effluents.

. Ventilation and temperature.

. Dust and fume.

. Artificial humidification.

. Overcrowding.

Lighting.

Drinking water.
. Latrines and urinals.

Spittoons.

Safety

Fencing of machinery

Work on or near machinery in motion

Employment of young person and dangerous machines

Striking gear and device for cutting off power

Self acting machines

Casing of new machinery

Prohibition of employment of women and children near cotton openers

Hoist, lift, lifting machines and others

Revolving machinery

Pressure plant

Q. What is the provision for the cancelation of registered trade union and
reregistration of trade union?

A certificate of registration of a trade union may be withdrawn or cancelled

by the registrar on the application of the trade union to be verified in such
manner as may be prescribed in if the registrar is satisfied that the
certificate has been obtained by fraud or mistake or that the trade union
has ceased to exist.

It has to provide not less than two months’ previous notice in writing
specifying the ground on which it is proposed to withdraw or cancel the
certificate shall be given by the registrar to the trade union before the
certificate is withdrawn or cancelled otherwise than on the application of
the trade union.

`Q.meaning, rights and privileges of trade union?

Section 2(h) of the Trade Unions Act, 1926 defines Trade

Union[9] as “any combination whether temporary or permanent,
formed primarily:

 for the purpose of regulating relation between:

o Workmen and employers; or
o Workmen and workmen; or
o Employers and employees.

Important elements of Trade Union:

1. There must be combination of workmen and employers;

2. There must be trade or business; and
3. The main object of the Union must be to regulate relations of
employers and employees or to impose restrictive conditions on
the conduct of any trade or business.
4. The Trade Unions Act, 1926 confers certain privileges and
immunities to the members and leaders of the registered
trade unions to enable them to carry out their legitimate
trade union activities without any fear or threat of civil or
criminal action/liability. It is the most important right
 without which the office bearers of the registered trade
unions may not be able to discharge their duties efficiently.
5. Section 17 of the Act provides immunity from Criminal
liability. According to this provision, the office bearers of the
registered trade unions are immune from criminal liability for
criminal conspiracy.
6. Section 18 provides immunity from civil liability. According
to this provision, the leaders and office bearers of the
registered trade unions are immune from civil suits in
certain cases, viz. contractual liability, tortuous liability etc.

Q.How ambulation and dissolution of trade union is done

Amalgamation of trade unions

Any two or more registered trade unions may become amalgamated together
as one trade union with or without dissolution or division of the funds of such
trade unions or either or any of them, provided that the votes of at least one-
half of the members of each or every such trade union entitled to vote are
recorded, and that at least sixty per cent of the votes recorded are in favor
of the proposal.

Dissolution of Trade Union: Section 27[24] of the Trade Unions Act, 1926
deals with the dissolution of a registered trade union. ... Notice of
such dissolutionsigned by the Secretary and any other 7 members of
the trade union must be submitted to the Registrar of Trade Unions within
14 days of such dissolution.

Q. State the objective of industrial dispute act 1947 when it was

enacted.
According to the industrial dispute act 1947 the term industrial dispute means
any dispute or difference between employers and workmen or between
workmen and workmen which is connected with employment or with the
condition of labour of any person

Objective

To provide a suitable machinery for just equitable and peaceful settlement of

industrial dispute.

To promote measure for securing and preserving amity and good relation
between employers and employee.

To prevent illegal strikes and lockouts.

To promote collective bargaining.

To ameliorate the condition of workers.

To avoid unfair labour practices.

Preventive measures seek to create an environment where industrial

disputes do not arise. ... The machinery for the settlement of industrial
disputes has been provided under the Industrial Disputes Act, 1947.
This machinery comprises:

(a) Conciliation,
Conciliation is an alternative dispute resolution process whereby the parties to a dispute use a
conciliator, who meets with the parties both separately and together in an attempt to resolve their
differences.

(b) Arbitration,

Arbitration, a form of alternative dispute resolution, is a way to resolve disputes outside the courts.
The dispute will be decided by one or more persons, which renders the "arbitration award". An
arbitration award is legally binding on both sides and enforceable in the courts

(c) Adjudication.

Adjudication is the legal process by which an arbiter or judge reviews evidence and
argumentation, including legal reasoning set forth by opposing parties or litigants to come to a
decision which determines rights and obligations between the parties involved

Q. what is layoff?

A layoff is the temporary suspension or permanent termination of employment of an employee or,

more commonly, a group of employees for business reasons, such as personnel management or
downsizing an organization

The term ‘lay-off’ has been defined under section 2 (kkk) of the
Industrial Disputes Act, 1947, thus lay-off means the failure, refusal or
inability of an employer on account of the shortage of coal, power or raw
materials or the accumulation of stocks or the breakdown of machinery
or natural calamity or for any other unconnected reason to give
employment to a workman whose name is borne on the muster rolls of
his industrial establishment and who has not been retrenched.

Q. Define the procedure for closing down an undertaking under the industrial
dispute.
Procedure for closure of an undertaking

The procedure for closure of an undertaking is specified in subsection 1 of

section 25(0) the industrial dispute act 1947.

An employer who intends to close down an undertaking of an industry

establishment shall apply for prior permission in the prescribed manner at
least ninety days before the date on which the intended closure is to become
effective to the appropriate government.

The notice should state clearly the reason for the intended closure of the
undertaking.

The notice must seek prior permission for appropriate government for
intended closure.

A copy of such application to the appropriate government shall also be

served simultaneously to the representatives of the workmen in the
prescribed manner.

Q. difference between lay off and lock out

BASIS FOR
LAYOFF LOCK-OUT
COMPARISON

Meaning Lay-off alludes to the Lock-out, means the

involuntary separation of the
employees of a department or
unit, by the employer due to
his/her failure to provide
employment.
refusal of employer to
continue to employ the
workers, despite any
intention to close the unit.

Process It is a process in which the It is a process in which the

employer refuses to give employer voluntarily
closes the business, not
 BASIS FOR
LAYOFF
COMPARISON
employment to the employees
for certain specified reasons.
Declaration The employer declares lay-off
under specific circumstances.
Applicability Only to group of workers, that
may be workers of a shift,
department or unit, depending
on the circumstances.
Business Continues to operate
Result of Trade-reasons.
Compensation Compensation is paid to the
laid off workers.
Difference between lock out and closure of undertaking
No Lock-Out
1
According to Section 2(l)
of the Industrial Dispute Act
1947, “lockout means the
temporary closing of a place of
employment, of the suspension of
work, or the refusal by an
employer to continue to employ
any number of persons employed
by him.
LOCK-OUT
because of any specified
reasons.
The employer declares
lock-out, as a result of
industrial dispute.
To entire establishment
and sometimes industry.
Closed down for the
period of lock out.
Weapon of collective
bargaining.
In lock out compensation
is paid to the worker as
per the type of lock out.
Closure
According to Section 2 (cc)
of the Industrial Dispute Act,
1947 Closure means the
permanent closing down of a
place of employment or part
thereof.
2
Lock out indicates the temporary
closure of the place of business
or place of employment and not a
closure of the Business itself.
3
Lockout is a weapon of
coercion in the hands of
employer
A Lockout is caused by the
existence or apprehension of
an Industrial Dispute.
difference between retrenchment and lockout
The closure of a business indicate
the final and irrevocable
termination of the business itself
Closure is generally for trade
reason.
A closure need not to be in
consequence of an Industrial
dispute.
 BASIS FOR
LAYOFF RETRENCHMENT
COMPARISON

Meaning Lay-off refers to the Retrenchment means involuntary

provisional separation of an employee due to
termination of the the replacement of labor by
employee, at the machines or the close of the
instance of the department.
employer.

What is it? Action step Business strategy

Defined in Section 2 (kkk) of Section 2 (oo) of Industrial Dispute

Industrial Dispute Act, 1947
Act, 1947

Nature Temporary Permanent

Operation of Stops after the Continues even after the

company declaration. declaration.

Re-appointment As soon as the lay-off Employee's connection with the

period ends. organization are severed
immediately.

Q. define strike and lock out?state the various provision in respect to illegal
strike and lock out.

As per Section 2 (q) of the Industrial Disputes Act,1947 “strike” means a cessation of work by
a body of persons employed in any industry acting in combination, or a concerted refusal, or a
refusal under a common understanding, of any number of persons who are or have been so
employed to continue to work or to accept

Lockouts. ... Thus, a lockout is employers' weapon while a strike is raised on part of employees.
According to Industrial Disputes Act 1947, lock-out means the temporary closing of a place of
employment or the suspension of work or the refusal by an employer to continue to employ any
number of persons employed by him.

Provision

Strike by workmen in violation of section 22(1) isillegal. ... It means that if there is already in
existence a strike, the notice of lockout is not necessary and if there is already in existence
a lockout, the notice of strike is not necessary.