3/14/23

1 MODES OF SETTLEMENT OF INDUSTRIAL DISPUTES

Dr Shiva Satish
2 THREE MODES
Conciliation (mandatory)
Adjudication (when conciliation fails)
Arbitration (at the
option)
3AUTHORITIES cONTD..
Conciliation( sec 3-5)
Adjudication(sec 7,7A, &7B)
Arbitration (10 A)
4CONTD..
Pre dispute Efforts
Statutory Requirements
Grievance Redressal Committee ( 2010) 9C
Works Committee (S 3)
Minimum 100 workmen
Preceding 12 months
5 CONCILIATION OFFICER
create congenial atmosphere within the industry and reconcile the disputes of the workers and the
employers
Administrative duties not judicial
App govt
 Permanent/specific areas/public servant
6 DUTIES OF CONCILIATION OFFICERS
12
Discretionary Mandatory
Non PUJS
PUS
notice u/22 has been given
Not competent to adjudicate
Memorandum of settlement
Report of failure
7 POWERS AND PROCEDURE
11: prior notice: entry in the premises, existing or apprehended dispute
Report within 14 days
No authority to examine on oath and summon a witness
8BOARD OF CONCILIATION
Reference starts here
Duties u/13
numbers representing the parties to the disputes as the appropriate Government
App govt. equal
thinks fit.
Chairman (independent person)2 -4 members
Within 2 months
9 COURT OF ENQUIRY
App Govt
 One independent person as
chairman
Reference mandatory
Matter relevant or connected to
Powers 11(2)
Duties u/14
6 months after reference
RIGHT TO STRIKE /LOCKOUT /PUNISH REMAIN UNAFFECTED
10CASES
JC Pvt Ltd. V. Central Govt. Adm Tribunal
AIR 1975SC 171
A
person whose appointment has not been done through the notification in the official gazette as
required under the Act, would not be a conciliation officer
11CONTD.
Som Vihar Apartment Owners Housing and Mgt v. Workmen (2002 SC 2530)
Housing societies who employ housekeeping staff are not industry, therefore requirements as to
conciliation not mandatory
12
North Brook Jute Company v. Workmen (1960)
Works committee cannot supersede trade union; Dissolved as well
13
1 Labour Court (7)
 2
Labour Tribunal(7A)
3 National Tribunal(7B)
4 App Govt.
One person only
Adjudication of industrial dispute
Specified in schedule 2
5 Official gazette( together with of the person
names constituting)
However, can appoint two persons as assessors to advice the tribunal
JURISDICTION ON SCHEDULE 3
6 Constituted by central Govt
Notification can be for more than one state
If the dispute is/or likely to effect
Jurisdiction over schedule 2 and 3
Any other matter not specifically mentioned therein
Judge of a high court or above
14 FUNCTIONS
Adjudication of matters in schedule 2
Other functions
Acts on reference
Limited jurisdiction over schedule 3 when the dispute is not going to effect more than 100
workmen
Jurisdiction under sec 33-C(amount determination/mode of recovery of money
However there should be no dispute regarding computation of amount
15 JURISDICTION (SCHEDULE 2 AND 3)
Wage period/mode of payment
Dismissal
Discharge
Pension
Bonus/Gratuity
Hours of work /rest intervals
Leave with wages/holidays
Profit sharing
Shifts/classification of grades
allowances
Compensatory and other
16ARBITRATION workmen
reference of disputes to arbitration. employer and the
10A. Voluntary
agree to referthe dispute 10
has been referred under section
any time before the dispute
by a written agreement
 a s an arbitrator or arbitrators as mav be specified in the arbitration agreement.

17
*A COpy or the arbitration agreement shall be forwarded to the appropriate Government and the
conciliation officer
month from the date ofthe receipt of such copy, publish
appropriate Government shall, within one
the same in the Official Gazette.
18
even number of arbitrators
enter upon the reference,
if the arbitrators are equally divided
anotner person as umpire who shall
and shall be deemed to be the
in their opinion, and the award of the umpire shall prevail
arbitration award.

19 the dispute and submit to the appropriate

The arbitrator or arbitrators shall investigate
the arbitrator or all the arbitrators
Government the arbitration award signed by
 3/14/23

1 Retrenchment ,lay off and closure

2Applicability
Chapter VA
Chapter VB(special provisions not less than 100 workmen/not
seasonal character)

3Retrenchment lay off

12(0o)
Termination of services
Any reason what so ever(other than punishment)
Does not include
-Voluntary retirement/superannuation /nonrenewal of
contract/continued ill health
2 Means the failure, refusal or inability of an employer account of
shortage of
coal, power or raw materials
o r the accumulation of stocks or
the breakdown of machinery [or natural calamity or for any
other connected reason]
to give employmentto a workman whose name is borne on the
muster rolls of his industrial establishment and who has not
been retrenched.
4Valid retrenchment
25 F (chapter V A) Continuous service for one year
One month notice with reasons of retrenchment
I f no notice then wages to be paid inlieu of such notice
Retrenchment compensation to be paid in each case
Notice to appropriate govt as well (or authority specified)

525 N(VB)
APPLICABILITY: 100 OR MORE IN THE PRECEDING 12
MONTHs ON THE AVERAGE
Three months notice to the workmen
Prior permission of the appropriate govt.
Compensation to retrenched workmen
6 Preconditions for compensation
 Continuous Service 25 (b)2
Preceding 12 months: mine: 190days
Ground: 240 days
Preceding 6 months mine 95 days
Ground :120 days
Sickness, medical leave, legal strike, lockout are not
interruptions in continuous service

7
8 Grant or refusal of permission
By authority designated by app govt.
After inquiry and hearing
Deemed permission if no communication for 60 days
Reference to tribunal with in 30 days

9
If the industrial establishment is employing less than 50
workers,
, the provisions relating to lay off provided in Chapter V-A are not
applicable, thus the employer may lay off without prior
permission.
Chapter V-B of the Industrial Disputes Act prohibits lay off in
case of industrial establishments employing 100 or more
workers without prior permission of the appropriate government
or authority

10Lay off(2{kkk}-exigencies)
Workman : name in muster rolls
Not retrenched, ready to work, presents himself, not given
employmentwithin 2 hours;
-Laid off for half day; if given work in second half
If no work given in 2nd half then laid off for the day
Wages+DA to be given

11Lay off compensation

1 25C. Right of workmen laid-off for compensation
whether continuously or intermittently, except for such weekly
holidays
compensation = fifty per cent. of the total of the basic wages and
 dearness allowance
no compensation shall be payable after the expiry of the first
forty-five days
25F preceding twelve months may be set of against the
compensation payable for retrenchment.

2 (Exemption from payment)

Offer of alternative employment
(5 miles VA)
(within such distance not causing a hardship VB)
12Closure
2(cc): Permanent closing down of a place of employment or
part
thereof.
25 FFA : sixty days notice to be
given(not applicable for less
than 50
25 FFF: compensation as under 25F
If unavoidable then 3 months
average pay only
13
 Industrial No of Nature of Notice
Continuous Compensation
Incident workmen work Iperiod Service
LAY OFF Below 50 Irrespective NA NA NA
50-100 Not {seasonal NA
Min. One year Max 45 days
2(kkk)+25(C)+ Intermittent
25(M)+25(Q) construction)
100 more*
or
(Not Prior NA Penalty provided
applicable on permission of
casual and App Govt., it
badli) +do has to revert
in 60 days

+copy to
workmen
Retrenchment Below 100* Not (seasonal One month Min. One year YES
2(oo)+25(F)+25 Intermittent
(N)+25(Q) construction}
100 or more* Not {seasonal 3 months+ Min. One year Yes, if permission
Prior granted+ Penalty provided
Intermittentpermission of
App Govt. it
has to revert
in 60 days

+copy to
workmen
Average of preceding 12 months (for details pleaserefer c VA,VB ofthe Act)
Industrial Incident No of workmen
Nature of Notlce perlod Continuous Service
work Compensation

CLOSURE Below 50*

(season NA NA NA
al
2(cc)+25(FF
A)+25(FFF) Intermitt
ent
constru
25(0)+25(R) ction)
+all
other
categori
|es
50-100* Not One month Min. One year YES (as 25F)
{seasona

Intermitt

ent
construct

ion 3 months + Working YES

100 or Not
(seasona Prior Immediately before
more permission of lapplication
App Govt. it
Intermitt has to revert
ent) in 60 days

+Copy too
I workmen
 3/14/23

1Industrial Employment (Standing

2 Prologue Orders)Act,1946
to define conditions of
employment
employers in industrial establishments
t o define with
sufficient precision the conditions of
t o make the said
conditions known to workmen
employment under them and
employed
them. by
3 Extent and
Applicability
whole of India
every industrial establishment (hundred or more workmen in
Inclusion with minimum two months' notice preceding twelve months)
4 Contd...
Pto have uniform Standing Orders over the matters in Schedule
to the Act,
i t was not intended that there should be different conditions
of service for those who are
employed before and after.
Once in force, they bind all those presently in the employment of the concerned establishment
and also those who are appointed thereafter.
Agra Electric Supply Co. Ltd. v.Aladdin, (1969) 2 SCC 598
U.P. Electric Supply Co. Ltd. v.
TheirWorkman, (1972)SC
5 Orders for what???
Classification of workmen, e.g., whether permanent, temporary, apprentices, probationers, or
badlis.
Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
Shift working.
Attendance and late coming.
 Conditions of, procedure in
applving
Requirement to enter premises lying for, and th
the authority which
by certain gates, an
an leave and
may grant leave
6 Contd.. liability tto search. holidays.
Closing and of
and the reporting sections of the industrial
rights and establishment, temporary stoppages of work
Termination of
liabilities of he employer and workmen there from.
employment, and the notice thereof to be arisinggiven by employer and workmen.
Suspension or dismissal for misconduct, and acts or
Means of redress for omissions which constitute misconduct.
his agents or servants. workmen against unfair treatment or wrongful actions by the
employer or
7 Draft to be submitted within 6 months
(3)
t o the Certifying Officer five copies +a statement giving
employed + name of the trade union prescribed particulars of the workmen
A group of employers in similar industrial establishments
may submit a joint draft of standing orders
8 Inviting objections before certifying
-Certifying Officer shall forward a copy thereof to the trade union
submitted to him within fifteen days from the receipt of the notice.
-Certifying Officer shall decide about modification
-Final certification
9 Date of operation of standing orders (7)
on which authenticated copies thereof
I f no appeal then on the expiry of thirty days from the date
are sent
seven from the date on which copies of the order of the appellate
otherwise, after days
 authority are sent
10
Contradicting
Any oral
oral evidence
not
evidence for: admissible (i4)
adding
varying
contradicting
shall certified
standing orders finally
NOT be admitted in
any Court.
11INTERPRETATION
application or interpretation
employer or workman or a trade union
may refer the question
t o Labour Courts
decision shall be final and binding on the parties
12 EXCLUSION
-Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal)Rules,
Regulations,
Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Indian
or the Railway
Civilians in Defense Service (ClasSification, Control and Appeal) Rules
rules or regulations than may be notified in this behalf by the
Establishment Code or any other
in the Official Gazette, apply.
appropriate Government
13 THANKS

1 Dr Shiva 9815093970
 3/14/23

1 TRADE UNIONS

LAW AND LEGALITY

2 Prologue incident
3 Salient features

Indian Trade Unions

Act, 1926.
Registration of trade unions, their rights, their liabilities and
Utilization of funds funds, legal and responsibilities.
Protection from the from civil or corporate status to the registered trade unions.
criminal
The Act is applicable not only to the unionprosecution
of workers but also to the association
I t extends to whole of of employers.
India.
4

Amendment of 1947( not notified as yet)

the employer.
Recognition of Trade Union by
shall be tackled by labour Court
Dispute a s to recognition
can also be ordered by labour court if within three months of application
Formal recognition
 employer fails to
Refrain from unfairrecognize. to
5 CONTD.. negotiation
labour Right negotiauo
practices.
rtai Acis,
ETain namely, the Societies
dnd tne Companies Act, 1956 Reaistration Act, 1860; the
registration of any such (2013) shall not apply to any Co-operative Societies Act, 1912,
trade registered trade union, and that the
union under any such Act shall be vold.

6 DEFINITIONS
2 (g) Trade
dispute: same as industrial
dispute
SOME DIFFERENCE BETWEEN
THE PARTIES IS MANDATORY
Individual dispute can not be trade
dispute in Newspaper Ltd. v. SIT, U.P AIR 1957 SC 532
Unless that is supported by majority of workmen
7 2 (h)'trade union'
Any combination: whether temporary or permanent,
Primarily for the purpose of regulating
Relations between workmen and employers
between workmen and workmen
or
between employers and employers,
conditions on the conduct of any trade or business.
For imposing restrictive
federation of two or more trade union
It also includes any
shall not effect
8 Trade union
to do business
Partners' Agreement
Agreement ofthe Employment goodwill
c o n s i d e r a t i o n of the sale of the
Agreement for the
 FCI Staff v. FCI
Decret ballot (1995):LL.J 272 (SC)
to
system can be adonted
one claim determine representative trade union in case more than
representative character
9 REGISTRATION OF TRADE UNION
Registrar appointed by appropriate Govt. for the
Mode purpose (sec3)
(s4) min
10% or 100 workmen whichever is less are MANDATORY required to be
MEMBERS to register a trade union
minimum 7 Workmen are required to be members on the date of application of
registration
l f half members take back their names in writing, then application for registration shall be void.

10 Registration application
name of the trade
Names, occupations and addresses of the members making the application; The
The titles, names, ages, addresses of members/office
union and the address of its head office;
bearers

11 are annual statutory returns

& employers) required to submit
registered trade unions (workers
The
to the Registrar details of their
sources of income and items of expenditure and
general funds,
omembership,
liabilities
(sec 8)
assets and
 12 Rules to be formulated on.
Objectives, purposes for the
utilization of general funds, maintenance of list of
Adequate facilities for the inspection members etc
by the members and office bearers
Admission of ordinary
the office bearers members and and honorary members as office
shall be persons temporary of
13
actually employed in the industry (unorganizedbearers(half
sector) s.22
Contd..
Payment of subscription fees
Benefit conditions, manner to
amend rules, elections, duration of 3 years for office
as to safe bearers, rules
custody of funds, annual audit, adequate facilities.
14
Bokajan Cement Corporation Employees Union v. Cement Corporation of India (2004)LL.J 197
SC
A retrenched employee would not automatically cease to be the member of the trade union asno
provisiOn in TU Act

15CERTIFICATE OF REGISTRATION
Sec 9 shall register the trade union. Registrar may shall issue a certificate of registration as a
conclusive evidence of registration of that trade Union.

16 Cancellation of registration 10o

By the registrar
On the application of trade union/majori
been obtained by fraud or mistake (min 2 months notice mandatory)
I f he is satisfied that it has
GroundsS number of work men, rescinded any rule of t.u
ceased to exist, contravened law, requisite
17
S 13
Effects/Advantages of Registration: Incorporation
Body corporate, seal,
hold movable and perpetual succession,
sue and be
immovable properties,
sued, contract through
18 LIABILITIES
agencies
OF REGISTERED TRADE
SEC 15,16 provide for the UNIONS
manner and
union; 15 deals with the frame work to matter on which the funds may be spent by the trade
political fund of the trade union spend general funds whereas 16 provides for the separate

19 General funds: s 15
(a) salaries, allowances and expenses to office-bearers of the Trade Union;
(6) for the administration of the Trade Union, including audit of the accounts of the general funds of
the Trade Union;
(c) the prosecution or defence of any legal proceeding,
protecting any rights of the Trade Union

20 of the compensation of members for loss arising out

d)the conduct of trade disputes and payment
of trade disputes;
on account of death, old age, sickness, accidents or
allowances to members or their dependants
(f)
unemployment of such members; members against
the lives of members, or under policies insuring
policies of a s s u r a n c e on
sickness, accident or unemployment;
21
Contd..
educational, social or
Tuneral or religious benefits for members
religious ceremonies for (including the payment of the expenses of
deceased members) or for the
dependents of members;
periodical publication mainly for the
workmen; purpose of discussing questions affecting employers or

22
expenditure by contributions in any financial year shall not exceed one-fourth
of the combined
total of the gross income in that
year

23 Separate POLITICAL FUND

Registered Trade union may raise political funds for civic and political purposes
Contributions levied specially for political fund
No contribution from general fund can be exploited for political purpose
CIVIL AND POLITICAL OBJECTIVES
For election as amember of the constitutent assembly/other body under const of India
the support of candidate
Holding of meeting/distribution of literature for
24 Contd..
registration of electors etc
Maintenance of elected person,
related matters
Holding political meetings andcandidature
Selection conference for the
FUND CAN NOT BE COMPELLED
CONTRIBUTION TO POLITICAL
25IMMUNITY TO TRADE UNIONS
S . 17 : In the case of
an
criminal conspiracy under section 120-B of IPC, committed
Dearer or a member. by office
However, this
immunity is partial in the sense that it is available only with
respect to the legal agreements created by the members for the furtherance of valid
objects of a
trade union as described in section 15 of the Act.
26 Nest India Steel
Company Ltd. vs Azeez 1990 Ker. 133
A trade union leader obstructed work inside the
factory for 5 hrs while protesting against the
deputation of a workman to work another section.

A trade union leader has no immunity against disobeying the orders. A trade union leader or any
worker does not have any right by law to share managerial responsibilities.

27 IMMUNITY FROM CIVIL PROCEEDINGS

Section 18 In general, a person is liable in torts for inducing another person to breach his contract
of employment or for interfering with the trade or business of another
inducement is in contemplation or furtherance of a trade dispute is immune.
the inducement should be lawful. There is no immunity against violence, threats, or any other
illegal means.