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INDUSTRIAL DISPUTES ACT 1947

Dr. Neepa Vyas

Workmen of Dimakuchi Tea Estate v. Management of Dimakuchi Tea Estate


1. To secure amity and good relations between the employer and workmen (employees). 2. An investigation and settlement of industrial disputes. 3. Prevention of illegal strikes and lockouts

Dr. Neepa Vyas

Objectives of the Act.


4. Relief to workmen in lay off, retrenchment and closure. 5. Collective bargaining.

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INDISTRIES AS PER SECTION 2(j)


Industry means any business, trade, undertaking, manufacture or calling of employees and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen.

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Bangalore Water Supply and Sewerage Board v. A. Rajappa AIR 1978 SC548 Where there is (i) systematic activity, (ii) organized by co-operation between employer and employee (the direct and substantial element is chimerical),

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Bangalore Water Supply and Sewerage Board v. A. Rajappa AIR 1978 SC548 (iii) for the production and/or distribution of goods and services calculated to satisfy human wants and wishes (iv) not spiritual or religious but inclusive of material things or services geared to celestial bliss e.g. making, on a large scale, prasad or food, prima facie, there is an "industry" in the enterprise.
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Bangalore Water Supply and Sewerage Board v. A. Rajappa AIR 1978 SC548

The consequences are (i) professions, (ii) clubs (iii) educational institutions, cooperatives, (iv) research institutes, (v) charitable projects and (vi) other kindred adventures, if they fulfill the triple tests listed above, cannot be exempted from the scope of S. 2 (j).
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INDISTRIES AS PER SECTION 2(j)


Any systematic activity carried on by cooperation between an employer and his workmen (whether employed by such employer directly or by or through any agency, including contract) for the production, supply or distribution of goods or services with a view to satisfy human wants or whether or not,-Dr. Neepa Vyas 8

Industry
1. Any capital has been invested for the purpose of carrying on such activity or, 2. Such activity is carries on with a motive to make any gain or profit, and includes--

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Industry
- Any activity relating to the promotion of sales or business or both carried on by an establishment.

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Industrial Dispute
Sec.2 (k) Industrial Dispute means any dispute or difference between(i) Employers and employers, or (ii) Employers and workmen, or (iii) Workmen and workmen,

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Industrial Dispute
which is connected with (a)The employment or non-employment, or (b)The terms of employment, or (c) The conditions of labour of any person.
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Lay-off Sec. 2 (kkk)


Lay-off means the failure, refusal or inability of an employer to give employment to a workman a) whose name is borne on the musterrolls of his industrial establishment, and b) who has not been retrenched.
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Lay-off Sec. 2 (kkk)


The failure, refusal or inability to give employment may be due to Shortage of coal, power or raw materials, or The accumulation of stocks, or The breakdown of machinery, or Natural calamity or for any other connected reasons
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1) 2) 3) 4)

Lock-out Sec.2(l)
It 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

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Difference between Lock-out Lay-off Lock-out 1 Reasons are closing of a place of employment or suspension of work. Lay-off Shortage of coal, power or raw materials or accumulation of stocks or breakdown of machinery or natural calamity.
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Difference between Lock-out Lay-off Lock-out 2 Coercive means to accept the demands of employer. 3 Is due to an industrial dispute and continues during dispute. Lay-off For trade reasons beyond the control of the employer. It is not concern with a dispute with the workmen
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Difference between Lock-out and Closure


Lock- out Closure 1 Only the place of The itself is closed. business is closed. It is generally for trade 2 A weapon of resons. coercion in the hands of employer.

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Difference between Lock-out and Closure


Lock- out 3 Suspension of severance of relationship. 4 It caused due to Industrial Dispute. Closure Severance of employment relationship. It is not concern with Industrial Dispute

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Retrenchment Sec. 2 (oo)


It means to end, conclude, or cease. But does not include: 1) voluntary retirement of the workman or 2) retirement due to reaching the age of superannuation or 3) termination of the service due to nonrenewal of contract or 4) termination of service due to continued illhealth
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Difference between Retrenchment-Lock- out

Retrenchment 1 It is permanent. 2 Motive is to dispense with surplus labour. 3 No dispute.

Lock- out It is temporary. Motive is to coerce the workmen to accepts the demands of employer. In industrial dispute only
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