Industrial Disputes

• A disagreement between employers and

workers.

• Some common subjects for industrial

disputes are wages and conditions,
occupational health and safety, unfair
dismissals or environmental issues.
Causes of Disputes

• Dissatisfaction with company policy

• Salary and incentive problems

• Increment not up to the mark

• Wrongful discharge or dismissal of workmen

• Withdrawal of any concession or privilege

• Hours of work and rest intervals

• Leaves with wages and holidays

• Bonus, profit sharing, Provident fund and

gratuity

• Retrenchment of workmen and closure of

establishment

• Dispute connected with minimum wages

THE INDUSTRIAL
DISPUTES ACT, 1947

• An Act to make provision for the

investigation and settlement of
industrial disputes, and for certain
other purposes.
OBJECTS OF THE ACT
a) Promote measures for securing and
preserving good relations between the
employers and the employees.

b) Provide a suitable machinery for

investigation and settlement of industrial
disputes

c) Prevent illegal strikes and lockouts

d) Provide relief to workmen in matters of

lay-offs, retrenchment, wrongful
dismissals and victimization

e) Give the workmen the right of collective

bargaining and promote conciliation
AUTHORITIES UNDER THIS
ACT
• Works Committee
• Conciliation officers
• Boards of Conciliation
• Courts of Inquiry
• Labor Courts
• Tribunals
• National Tribunals
 WORKS COMMITTEE

• Where?: Industries with 100 or more

workers
• Members: Equal number of
representatives of the Employer and
Employees
• Duties:
a)To settle the differences amicably
b)To comment upon the matters of common
interest
CONCILIATION OFFICERS

• Appointed by the appropriate Government

• Duty: Mediate and promote the settlement

of industrial disputes.

• Nature : Appointed for a specified area or

for specified industries in a specified area or
for one or more specified industries and
either permanently or for a specific period.
BOARDS OF CONCILIATION

• Appointed by the appropriate

Government as occasion arises for
settlement of disputes.

• Board shall consist of an independent

Chairman and two or more other
members in equal numbers to represent
the parties to the dispute
COURTS OF INQUIRY

• Constituted by the appropriate

Government as occasion arises for
inquiring into any matter appearing to
be connected with or relevant to an
industrial dispute
LABOUR COURTS

• Labour Courts are constituted by the

appropriate Govt. for the adjudication of
industrial disputes relating to any matter
specified in the Second Schedule and for
performing such other functions as may
be assigned to them under this Act.
TRIBUNALS

• Tribunals are constituted by the

appropriate Govt. for the adjudication of
industrial disputes relating to any matter
specified in the Second Schedule or the
Third Schedule and for performing such
other functions as may be assigned to
them under this Act.
Matters within the Jurisdiction of
Industrial Tribunals (the III schedule)

• 1.Wages, including the period and mode

of payment;
• 2.Compensatory and other allowances;
• 3.Hours of work and rest intervals;
• 4.Leave with wages and holidays;
• 5.Bonus, profit sharing, provident fund
and gratuity;
• 6.Shift working otherwise than in
accordance with standing orders;
 III schedule
(contd.)
• 7.Classification by grades;
• 8.Rules of discipline;
• 9.Rationalisation;
• 10.Retrenchment of workmen and closure
of establishment;
• 11.Any other matter that may be
prescribed.
NATIONAL TRIBUNALS

• National Tribunals are constituted by the

Central Government for the adjudication
of industrial disputes which, in the
opinion of the Central Government,
involve questions of national importance
or are of such a nature that industrial
establishments situated in more than
one State are likely to be interested in,
or affected by such disputes.
LOCKOUT
• Counter part of strike
• In lock out, the employer closes the
place of work to put pressure on the
workers to agree to his terms and
conditions of service.
PROHIBITION OF STRIKES AND
LOCKOUTS
• Not to strike without giving six weeks notice of
strike and during the pendency of any
conciliation proceedings

• Not to declare lock-out without giving to the

employees six weeks notice of lock out and
during the pendency of any conciliation
proceedings

• A strike or lock-out shall be illegal if it is

commenced or declared in contravention of the
above.

• Not to support of any illegal strike or lock-out

TYPES OF STRIKE
• Maladjustments , economic disturbances
cause strike...
• Stay away strike : Work man stay away
from the place.
They organise rallies , demonstrations etc.
• Stay in or Sit down strike: Come to work
place but do not work
• Tools down ,pen down or mouth shout: Lay down
their tools
• Wild cat strikes: These strikes are conducted
by workers or employees without the
authority and consent of unions.
• Token strike or protest strike: It is of very
short duration. May not work for a few hours
on a day
• Go Slow: Work itself is not halted and
workers can claim full wages. Machinery is
damaged due to working at a reduced
speed.
• Work to rule: Undertake work according to
their job description and stick on to the rules
• Picketing: Posting pickets and implied
machinery or patrolling of the workmen in
front of the premise.
• Gherao: Encirclement of a person to make
him accept the demand
• Hunger Strikes: Up to the period of
settlement of Disputes
Secondary Strikes
1. Sympathetic Strike:
When workers of one unit or industry go on
strike in sympathy with workers of another unit
or industry who are already on strike, it is
called a sympathetic strike.

The members of other unions involve

themselves in a strike to support or express
their sympathy with the members of unions
who are on strike in other undertakings.

The workers of sugar industry may go on

strike in sympathy with their fellow workers of
the textile industry who may already be on
strike.
2. General Strike
It means a strike by members of all or most
of the unions in a region or an industry.

It may be a strike of all the workers in a

particular region of industry to force
demands common to all the workers.

These strikes are usually intended to create

political pressure on the ruling government,
rather than on any one employer.

It may also be an extension of the

sympathetic strike to express generalized
protest by the workers.
LAYOFF AND RETRENCHMENT

•Layoff and retrenchment have some elements in

common. Both are the measures of the economy .
Both are the declared by the employer . In both
cases statutory compensation must be paid . But ,
they differ in other respects . Where as there is a
subsisting employer workmen relationship during
layoff , the relationship is terminated in the case of
retrenchment .

•While layoff is temporary, retrenchment is a

permanent measure . Moreover , if the term
“retrenchment “ is included within the term “ layoff
” , one fails to understand why the legislature has
defined these two terms separately .
THE FACTORIES ACT
1948
INTRODUCTION
 The Factories Act, is a social legislation which
has been enacted for occupational safety,
health and welfare of workers at work places.
This legislation is being enforced by technical
officers i.e. Inspectors of Factories, Dy. Chief
Inspectors of Factories who work under the
control of the Chief Inspector of Factories and
overall control of the Labor Commissioner,
Government of National Capital Territory of
Delhi
PURPOSE & OBJECT
 Factories Act, 1948 has been enacted to regulate the
working conditions in factories and to ensure provision
of the basic minimum requirements for safety, health
and welfare of the workers as well as to regulate the
working hours, leave, holidays, employment of women
etc.
APPLICABILITY OF THE
ACT
 It extend to the whole of India.
COVERAGE
 The industries in which ten (10) or more than ten
workers are employed on any day of the
preceding twelve months and are engaged in
manufacturing process being carried out with the
aid of power or

 twenty or more than twenty workers are

employed in manufacturing process being carried
out without the aid of power, are covered under
the provisions of this Act. 
ADMINISTRATIVE
MACHINERY
 The Act is administered by the Ministry of Labor
and Employment through its Directorate General
Factory Advice Service & Labor Institutes
(DGFASLI) and by the State Governments through
their factory inspectors.
 WORKING CONDITIONS
WORKING ADULT MEN ADULT WOMEN
CONDITIONS

Hours of work Not more than 9 hrs in a day Not more than 9 hrs in a
and 48 hrs in a week day and 48 hrs in a week

Working hours Any time B/w 6am and 7pm (in no

Overtime Overtime wages at the rate of
twice of ordinary rate of
wages
case, any women can be
employed b/w 10pm and
5am)
Overtime wages at the rate
of twice of ordinary rate of
wages

Interval At least ½ hr break after At least ½ hr break after

every 5 hrs of continuous every 5 hrs of continuous
work work
PENALTIES
 This Act provides for a maximum punishment up to
two years and or a fine up to Rs. one lakh or both.