INDUSTRIAL DISPUTES ACT: 1947

DEFINITION: ACCORDING TO INDUSTRIAL DISPUTES ACT 1947, IT IS DEFINED

AS SECTION 2(A) THE ACTIVITY OF SOLVING THE CONFLICTS OR A
DISAGREEMENT BETWEEN WORKMEN AND THE MANAGEMENT OF INDUSTRY,
THE WORKMEN AND THE GOVERNMENT, THE MANAGEMENT AND
GOVERNMENT IN RELATION TO OCCUPATIONAL AND INDUSTRIAL ACTIVITIES.

AUTHORITIES UNDER THE ACT:

AUTHORITY
FOR SETTLEMENT FOR ARBITRATION ADJUDICATION
Grievance settlement |
authority |
| LABOUR COURT
Works committee |
|
Conciliation officer | INDUSTRIAL
| TRIBUNAL
Court of enquiry |

Board of conciliation ARBITRATOR NATIONAL TRIBUNAL

HIGH COURT

GRIEVANCE SETTLEMENT AUTHORITY: CHAPTER 2 (B) SECTION 9 (C):

1. This is the basic forum for settlement of industrial and individual disputes.
2. It has been introduced in the year 1984.
3. Every industrial establishment in which 50 or more workmen are employed
shall form a grievance settlement authority.
4. This authority will settle down collective disputes and non-collective
disputes affecting either a larger section or smaller section of labour force.
WORKERS COMMITTEE: SECTION 3
1. Every industrial establishment which employees not less than 100 workmen
on any day of 12 months should constitute all works committee.
2. Consist of representatives of employers and workmen in the same
establishment.
3. Objectives of works committee: to promote industrial harmony and secure
workmen.
4. Duties of works committee:
 Cardial relationship
 Works for common interest
 Supervising the activities of the organisation
 Protecting the workmen
 Ensuring a productive, collective bargaining.
CONCILIATION OFFICERS: SECTION 4
A mediator between employee and workmen to solve any disputes.
DUTIES OF CONCILIATION OFFICERS:
 To investigate the disputes
 To create and collect evidence to the report.
 Preparation of report based on the parties responsible.
 Forward report to government.
 Take necessary action
BOARD OF CONCILIATION: SECTION 5
 Two or more members will be appointed.
 A chairman will be selected among the members.
 The board can function even in the chairmen, but not in the vacancy of
chairmen.
 The members of the board should not be less than 4.
COURT OF ENQUIRE: SECTION 6
1. It is constituted by the government when the case or issues is not
explained or to be examined in depth.
2. It may consist of 2 or more members.
3. It is the duty of the court of enquire to submit its requirements to
government within 6 months from the court of enquiry.
 4. If any member differs from the chairmen judgement, he has the right to
submit the report separately.
5. Government has to publish the report sent by the board within 30mdays
from the date of its receipt.
ARBITRATOR: According to section 10(a): it is a third person who is being
appointed by the mutual consent of both employee and workmen for the
common interest of solving disputes.
DUTIES OF ARBITRATOR:
1. An arbitrator should accept his own duties when there is a mutual
consent.
2. The arbitrator has the power of solving the disputes by entering into
an agreement. But this must be done before the dispute referred to
any judiciary.
3. Arbitrator is from a list of approved arbitrators authorised by the
judiciary and government.
4. If two arbitrators differ in opinion the dispute is transferred to a
third umpire.
5. Umpire to be chosen by mutual consent of the parties.
6. Agreement grafted in the prescribed firm.
7. Report to be forwarded to the government and publish the same
within 30 days from the date of investigation.
ADJUDICATION:
1. LABOUR COURT: SECTION 7
POWER OF LABOUR COURT:
 labour court shall consist of one person only and appointed by
appropriate government.
 The presiding officer (judge) of the labour court should have the
following qualification.
a. Judge of a high court
b. District judge for not less than 3 years
c. Additional judge for not less than 5 years.
INDUSTRIAL TRIBUNAL: SECTION 7(A) it is a constitution body appointed by the
concerned government. It may be temporary or permanent they take care of
the disputes which come under SCHEDULE 2 AND 3.
DISPUTES:
1. WAGES
2. Compensatory and other allowances
3. Hours of work and rest interval
4. Leave with wages and holidays
5. Bonus
6. Profit sharing
7. Provident fund
8. Gratuity fund
9. Shift working
10.Classification by grades
11.Rationalism
12.Rules of discipline
13.Any other disputes that cannot be solved by labour court
NATIONAL TRIBUNAL: SECTION 7 (B)
1. Consists of only one person
2. The person Is appointed by the central government
3. Should be a judge of high court
4. Central government can appoint two persons to advice
5. Maintain legal formalities relevant to labour laws
6. Hold the proceedings as per guideline
7. Signed by presiding officer and shall be submitted to the government
8. Publish within 30days from the receipt.
STRIKES:
SECTION 2(Q): According to industrial disputes act 1947 strikes is defined as
“Cancellation of work or duties or refusal of work by the association of
workmen for the common interest of workers in an organisation”.
TYPES:
1. AJITATION
2. STAY IN STRIKE
3. SIT DOWN STRIKE
 4. PEN DOWN STRIKE
5. TOOLD DOWN STRIKE
6. FASTING
7. LIE DOWN
PROVISIONS RELATED TO STRIKE AND LOCKOUT:
1. In public sector units are permitted under section 22 and 23 of industrial
disputes act.
2. Allowed in private sectors subject to restrictions
3. Public sector units to give 6 weeks’ notice before strike
4. Workers should not strike within 14 days of issue
5. Only mentioned dates are allowed to conduct strikes
6. Seven days of time will be given for mutual consent
7. Any lockout during illegal strike is not illegal
8. Strikes conducted without notice is illegal
PREVENTION OF STRIKE AND LOCKOUT:
1. management to council both employees and workmen about the
consequences of strike and lockout resulting in non-production.
2. Both parties to negotiate and attempt to sort out problems.
3. Several remedial measures to be taken
4. Any decision between parties should be taken deliberately
5. Settlement of authority under SECTION 9 (c)
LOCKOUT: SECTION 2 (I)
It is the temporary closure of a place of employment, or the suspension of
work by the refusal of an employer to continue to work.
LAYOFF:
Under section 2 (kkk) layoff is defined as failure, inability of an employee ofan
account of shortage of inputs (factors of production) to give employment for
the further process.
PROVISIONS FOR LAYOFF:
1. WORKMEN LAYOFF ACCEPTANCE SECTION 25 (a)
2. CONTINUING OF SERVICE SECTION 25 (b)
3. EXEMPTION FOR WOMEN WORKMEN UNDER CERTAIN CASES SECTION
25 (e)
4. COMPENSATION FOR LAYOFFF SECTION 25 (c)
5. EXEMPTION OF YOUNG PERSONS SECTION 25 (d)
6. COMPENSATION FOR INDIRECT WORKMEN SECTION 25 F(a)
RETRENCHMENT:
According to section 2 (oo) it refers to the termination by the employer of
the service of a workmen for any reason, otherwise as a punishment
inflicted by the way of disciplinary action
SPECIAL PROVISIONS RELATED TO RETRENCHMENT:
SECTION 25 (FF), SECTION 25 (FFF), SECTION 25(G)
THESE SECTIONS WILL NOT TAKE:
1. Any voluntary retirement of the workmen
2. Retirement of workmen as per the contract
3. Termination of service for non-renewal of contract.
4. Termination of service of a workman on the ground of continuous ill
health.