Employees and Workmen (Disputes)Act,1860 - The first legislative measure dealing with the settlement of ID in India. -The act empowered magistrates to dispose of disputes concerning wages of workmen employed in railways, canals etc


of ID resulting in frequent strikes and lock. Courts of Inquiry and Boards of Conciliation. there was increase in the no.  After the FIRST WORLD WAR.outs This made it necessary to adopt Legislation for their effective settlement and thus this act was passed which authorized the central and Provincial govt. to estb. 4 .

  Since act of 1929 didn’t provided any protection to the members of a Board of Conciliation in relation to disclosure of confidential information relating to industrial establishments. Thus this act was passed as per it the members of board were liable to prosecution only in the case of wilful disclosure. 5 .

1929 was experimental for 5 yrs.so with a view to make it permanent this act was enacted in april. 6 .1934. The Trade Act.

7 .industry etc. The provisions regarding illegal strikes and lock.etc.outs were made less restrictive. The act enlarged the definition of public utility services so as to include power plants .   This act empowered the Central and provincial governments to appoint Conciliation Officers for “mediating in” and “promoting” the settlement of ID in any business.

a)To prohibit strikes or lock-outs in connection with any trade dispute . c)To require employers to observe specified terms and conditions. b) To refer any dispute to conciliation or adjudication. d)To enforce the decisions of the adjudicators .empowered the govt.  8 .This rule which was added to the Defence of India Rules in january 1942 .

9 . were incorporated in the new legislation. particularly those relating to the public utility services .there was a considerable increase in Industrial unrest owing to the “stress of post war industrial re – adjustment”. Many provisions of the Rule.  At the time this act was being enacted .

53.56. 1949.52. 1964.50.54. Amendments took place in the following years.72 Most importantly 1982 10 .      There are 14 amendments in total made till now which are as follows .51.65 1971.

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dismiss. Any employer discharge.Any dispute or difference between: Employer & Employer Employer & Workmen Workmen & Workmen. 12 . retrenches or terminates the service of an individual workman.

A cessation of work by a employ in any industry acting in combination or a concerted refusal 13 .

14 . Closing of a place of employment or suspension of work or the refusal by an employer to continue to employ any number of person employed by him.

 Any person employed in any industry to do any manual unskilled. skilled. operational. 15 . technical. clerical or supervisory work.

 The failure. refusal. or inability of an employer on account of shortage of raw material or the accumulation of stocks or the breakdown of machinery or natural calamity or any other connected reason to give employment to workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched 16 .

but do not include: Voluntary Retirement of a workman(VRS). otherwise than as a punishment inflicted by way of disciplinary action.   The termination by the employer of the service of a workman for any reason whatsoever. Retirement of a workman to reaching the age. 17 .

18 . A settlement arrived at in the course of a conciliation proceeding & includes a written agreement between the employer and workmen.

19 .The authorities for prevention or settlement of disputes under the acts include:  Grievance Settlement Authority  Work Committee  Conciliation Officer  Court Of Inquiry etc.

20 .  A grievance settlement authority for the settlement of industrial disputes connected with an individual workman employed in the establishment. This authority follow prescribed procedure and to complete the proceeding with in specific time.

   Work committee in any industrial establishment in which on hundred or more workmen are employed. It promote measure of securing and good relations between the employer and workmen 21 . The number or workmen representative is not less than number of employer representative.

  A conciliation officer may be appointed for a specified area or for specified industries either permanent or for limited period. He is required to investigate the dispute and all matter affecting its merit for promoting a right settlement 22 .

  It may consist of 1 individual person only or more person but where it consists of two or more person. Court of inquiry is required to inquire into the matter referred to it and report to appropriate govt. one of them is to be appointed as chairman. 23 . ordinarily within a period of 6 months from the commencement of its inquiry.

IV. A person employed in public utility service must not go on strike in breach of contract: Without giving to the employer a notice of strike within six week before striking Within fourteen days of such notice Before the expiry of the date of strike specified in the notice During the pendency of conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. 24 . I. III. II.

   If it is commencement or declared in contravention of the provisions relating to general prohibitions of strikes or lock-outs. If it is continued in contravention of and order made under Sub-sec (4) of sec 10A which reads “where an disputes has been referred to arbitration and a notification has been issued” 25 . If it is continued in contravention of an order made under Sub-sec(3) of Sec 10 which says “Where an industrial dispute has been referred to a board. Labour court etc.

   Notice of Change Protection of Persons Cognizance of Offences etc. 26 .

financial or otherwise. join or assist a trade union or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. 27 . To encourage or discourage membership in any trade union by discriminating against workmen.The provisions relating to unfair labor practices were inserted by an amending act of 1982. to any particular trade union. interfere with or contribute support.1947. or coerce . workmen in exercise of their right to organize. This states certain practices on the part of employers or workmen or trade unions which are considered unfair as per the Industrial Disputes Act. To dominate. This could be done if the employer takes active interest in organizing a trade union of his workmen or being partial and granting special favors to several unregistered trade unions. form. restrain from. BY EMPLOYERS’ ASSOCIATIONS To interfere with.

in good faith with the recognized trade unions. To show favoritism to a particular set of workers regardless of merit. To discharge or dismiss workmen by way of victimization. To indulge in acts of force or violence.      Proposing or continuing a lock-out deemed to be illegal in this act. who are on a legal strike. To refuse to bargain collectively. for patently false reasons. settlement or agreement. Failure to implement reward. 28  . to sign a good conduct bond as a precondition to allow them to resume work. To insist upon individual workmen. on untrue allegations of absence from work without leave or for misconduct of minor technical character.

To incite or indulge in willful damage to employer’s property connected with the industry. To demonstrate at the residences of the employer or the managerial staff. encourage or instigate coercive actions such as willful “go slow”. To refuse to bargain collectively with the employer. To stage. To coerce workmen in the exercise of their right to join a trade union or refrain from joining any trade union.BY WORKMEN AND TRADE UNIONS OF WORKMEN  To advice or actively support or instigate any illegal strike. 29      . gherao etc.

Industrial Courts are the appellate authority. Labor officers and Conciliators are also appointed to promote harmonious relations between parties and also for speedy settlement of disputes. Labor Courts deal with the disputes relating to standing orders and Wage Boards function under the supervision of Industrial Courts. Wage Boards and Industrial Courts are the adjudication authorities.   Labor Courts. The act requires employers to constitute Joint Committees as a direct and continuous link between employers and employees. 1946  The main objective of the act is to regulate industrial relations and to secure a speedier settlement of industrial disputes.THE BOMBAY INDUSTRIAL RELATIONS ACT. 30   .

31  . ii. Referring any industrial dispute for conciliation or adjudication.  It provides for adjudication of disputes by a Tribunal consisting at least three persons (instead of only one in IDA. It further provides that settlement arrived between employer and employee should be registered under the act. iv.P INDUSTRIAL DISPUTES ACT.1947 ). Prohibiting strikes and lock-outs in connection with industrial disputes. iii. 1947  The act provide for the prevention of strikes and lock-outs and for the settlement of disputes and other matters. Appointing industrial courts.THE U. Regulating or controlling the working of any public utility service.  It also empowers the government to refer an award of labor court or tribunal for reconsideration before publication. The act empowers the state government to issue orders in respect of the following matters :i.

Board of Arbitration.1960  The act is to regulate the relations among employers and workmen and to make provisions for the settlement of industrial disputes and other related matters.   32 . strikes and lock-outs and also protection to the employees. Industrial Courts. It provides for the constitution of Joint Committees. Courts of inquiry generally on the lines of the Bombay Industrial Relations Act. Labor Courts. It deals with recognition of trade unions and employers’ associations.1946. Labor Officers.P INDUSTRIAL RELATIONS ACT.THE M.

implementation of awards and settlements etc. which are as follows : Extensive government intervention in the field of Industrial relations has been observed. referring industrial disputes to adjudication authorities. certain loopholes in the act have been experienced during the course of working. lay-offs. standing orders. However. lock-outs. unfair labor practices. the decisions of the government are influenced by the political party in power. declaration of strikes and lock-outs as illegal. 33 .1947 has been a significant piece of regulative labor legislation reflecting the nature of governmental policies. redressal of grievances etc. retrenchment and closure. The provisions of the act have its implications in various areas of industrial relations such as disputes. collective bargaining.The IDA. strikes. be it strengthening the role of conciliation authorities.

 Undue protection to individual workmen is provided regarding matters of discharge. Frequent violations of provisions relating to strikes and lock-outs have been conducted because of the complex procedures involved in deciding the cases of violation and difficulties in establishing the participation of workmen in illegal strikes. The list of unfair labor practices for employers and trade unions is too much exhaustive. retrenchment and termination has encouraged perpetuation of indiscipline in the industry. dismissal. retrenchment and closure. Employees and Employers both have been vigorously opposing the provisions relating to lay-offs.   34 .

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