INDUSTRIAL DISPUTE ACT, 1947

By: Group 07

Abhishek Kumar (02) Animesh Kumar Verma (04) Nikesh Desai (21) Rohan Rishi (33) Rohit Kumbhar (34) Vinayak Naik (56)

THE INDUSTRIAL DISPUTES ACT, 1947

Before 1947, The Trade Dispute Act, 1929 used to settle industrial disputes. There were various defects which needed to be overcome by a fresh legislation and thus Industrial Dispute Act, 1947 came into existence. The Act has been amended more than 35 times since its inception. The act has seven chapters where the various features of the act have been covered.

CHAPTER 1: PRELIMINARY
This chapter covers the extent and commencement of the act and basic definitions like industrial disputes, awards, boards, industry, layoff etc. Some of the industrial terms as defined by the law are mentioned below:

Industrial Dispute:
According to the Act, industrial Dispute is defines as 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 or with the conditions of labour or any person.

Lay Off:
It means the failure, refusal or inability of an employer on account of 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 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.

Lock Out:
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.

Settlement:

It means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer.

Strike:
It 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 employment.

Chapter II: AUTHORITIES UNDER THE ACT

The chapter contains the various authorities under the act. This includes Work committee, conciliation officers, boards of conciliation, court of inquiry, labour court and various tribunals. The chapter gives a brief about the structure and working guidelines for various authorities and how the vacancies are filled for these authorities.

Chapter III: REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS

This chapter of the act cover the reference of the disputes to the boards, court or tribunals. This chapter gives a guideline on basis of which the cases have to be referred to the Board or Tribunal or court.

Chapter IV: PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

This chapter includes the procedure power of conciliation officer, tribunal and court. Tribunal or National Tribunal and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate Government by the person entitled, be recovered by that Government in the same manner as an arrear of land revenue. The chapter also includes the various duties of the conciliation officer, tribunal and courts. It also includes the forms of the report or rewards and the publications of the reports or awards.

Chapter V: STRIKES AND LOCK-OUTS

The chapter includes the rules and regulations for going on strike or lockout. It includes the various norms and procedures to be followed for strikes and lock out. It also covers the circumstances under which the strike or lockout can be deemed as illegal. The chapter also covers the procedure for layoff and retrenchment and the compensation in each case. The chapter also includes the special provision related to layoff, retrenchment and closure in case of certain establishment. It also includes the guidelines for layoffs and conditions precedent to retrenchment. It also includes the provision for closing down an undertaking and penalties for closing down undertaking without prior permission

Chapter VI: PENALTIES

This section includes the penalties for illegal strikes and lock-outs, instigation, penalty for giving financial aid to illegal strikes and lock-outs, penalties for breach of settlement or award, for disclosing confidential information, for closure without notice and other offences. For example the penalty for closure of any undertaking without complying with the provisions of section 25FFA shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. Similarly the penalty for illegal strike for any workman, who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both. Any employer, who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Chapter VII: MISCELLANEOUS

This chapter includes various other circumstances which are not covered in previous sections like Offence by companies, Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings, Power to transfer certain proceedings, Recovery of money due from an employer, Cognizance of offences, Power to remove difficulties, Power to exempt, Power to make rules, Delegation of powers, Power to amend Schedules etc.