OBJECTIVES - Promotion of measures of securing, preserving Industrial harmony • Settlement of disputes between

Employer – Workman Employer - Employer Workman - Workman

INDUSTRIAL DISPUTES ACT 1947

• Rights of Registered Trade Union • Prevention of illegal- Strike;Lockout • Promotion of collective bargaining [Dimakuchi Tea Estate, In re:]

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INDUSTRY • Business, Trade, Undertaking, handicraft, avocation • Calling of employers Bangalore Water Supply; In re : SC enunciated three tests:1. Systematic activity 2. Cooperation between employer/employee [decisive test] 3. Production/distribution of goods calculated to satisfy human acts Exception – Celestial bliss [making of large scale prasad] 2

INDUSTRIAL DISPUTE • Any dispute or difference between  Employers and Employers  Employees and Workmen  Workmen and Workman • Disputes may be connected with Employment/Non employment  Terms of employment  Conditions of labour [demand has to be made by workmen]

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WORKMAN Any person employed for any Industry for Manual dismissed Skilled includes discharged Unskilled retrenched Technical, operational Clerical/supervisory (upto Rs. 1,600/-)

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STRIKE & LOCKOUT STRIKE LOCK OUT • Cessation of work • by a body of persons [workman] • Concerted refusal • to work • Duration & Time of Strike immaterial Temporary closing of place of employment Refusal by employer to continue to employ
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LAY OFF
• Failure by employer to provide employment within 2 hours of presenting himself for work Condition 50% wages

RETRENCHMENT
Termination of service by employer for any reason Exceptions Disciplinary dismissal, Superannuation, VRS Conditions 3 months` Notice Period or Pay Prior approval of Govt.
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INDUSTRIAL DISPUTE RESOLUTION MECHANISM Industrial Undertaking Works Committee Conciliation officer CG/State Govt. Board Labour court Arbitral Tribunal
7 AWARD

Tribunal

UNFAIR LABOUR PRACTICES
Schedule V BY EMPLOYERS 1. To interfere with, threaten, restrain from or coerce workmen, office bearers of TU in their rights to organise join assist Trade Union/Collective bargaining 2. Grating wage increment at crucial periods to undermine TU 3. To dominate, interfere or contribute 8 support, financial or otherwise any

Unfair Labour Practices 4. To establish employer sponsored TU 5. To encourage discourage membership of any particular TU 6. To refuse promotion, refuse seniority, refuse increment/promotion, discharge or dismiss any worker taking part in any TU activity or as victimisation 7. To abolish regular nature of work replacing by contractual, recruit workers – to break a strike 9 8. To refuse collective bargaining

Unfair Labour Practices BY EMPLOYEES/TRADE UNION 1. To advise or actively support or instigate – deemed illegal strike 2. To indulge in violation, coerce workmen, picketing by physically debarring non-striking workmen from working 3. To refuse to bargain collectively

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4.

5.

6. 7.

Unfair Labour Practices To refuse or use coercion against certification of bargaining representative To gherao, stage dharna at the residence of employers or managerial personnel To incite or indulge in willful damage employer`s property To hold out threats of intimidation against any workman to prevent him from attending work 11

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