Industrial Disputes Act,

1947
A BRIEF SUMMARY
Indian Industrial Dispute Act of 1947?
The main purpose of the Industrial Disputes Act, 1947
is to ensure fair terms between employers and employees, workmen and workmen as well as
workmen and employers.
It also helps in finding the measures to settle such disputes so that the production of the
organization is not hampered.
What is an Industrial Dispute ?
Industrial Dispute is any dispute of difference which is connected with the employment or non-
employment or the terms of employment or with the conditions of labour of any person.
Parties to the dispute who may be :-
 Employers and workmen
 Employers and Employers
 Workmen and workmen
 Grievant employee approaches the head of
department with a Grievance.

If the Grievance is genuine the trade Union the Employee alone or with
substantial representation one
Intervenes or is backed by substantial no. of can approach he Grievance
employees committee also.

the Union or the Employee representation

approaches he Employer with their Grievance,
and if a Dispute arises.
Conciliation Adjudication
Works committee Labour Court
Conciliation Officer Industrial tribunal
Board of Conciliation National tribunal

Arbitration
Court of Enquiry
types of industrial dispute
Interest dispute: Interest dispute arise out of deadlocks in negotiation for collective bargaining.
Grievance dispute: Grievance dispute pertains to discipline, wages, working time, promotion,
rights of supervisors etc. It is also called as interpretation disputes.
Unfair labour practices: Unfair labour practices are those arising out of right to organize, acts
of violence, failure to implement an award, discriminatory treatment, illegal strikes and lockouts.
Recognition disputes: Recognition disputes are disputes over the rights of a Trade Union to
represent class or category of workers.
Dispute settlement authorities, their
power and duties?
Works Committee (Section 3)
Conciliation officer (Section 4)
Boards of Conciliation (Section 5)
Court of Inquiry (Section 6)
Labour Court (Section 7)
 Labour Tribunals (Section 7- A)
National Tribunals ( Section 7 B)
Legal strikes and Lockouts
PROCEDURE OF STRIKES
According to Sec. 22(1) No person employed in a public utility service shall go on strike in breach
of contract
PROCEDURE OF LOCKOUTS
According to Sec. 22(2), No employer carrying on any public utility service shall lock-out any of
his workman
Penalty for illegal strikes and lock-outs.-
 Lay-off and retrenchment and their essentials
lay-off means the failure, refusal or inability of an employer on account of the shortage of coal, power
or raw materials or the accumulation of stocks or the breakdown of machinery or natural calamity or
for any other unconnected 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.
Retrenchment is something akin to downsizing.
When a company or government goes through retrenchment, it reduces outgoing money or
expenditures or redirects focus in an attempt to become more financially solvent.
Section 2 (oo) of the Industrial Disputes Act, 1947 defines Retrenchment
Legal Issues and Landmark Judgements
Provision Beneficial to the employees will apply
Appropriate Government
Individual V. Industrial Dispute
Legal strikes and Lockouts
Lay-off and retrenchment
Situs of Employment
Execution Proceedings
Settlement
Provision Beneficial to the employees
will apply .
Workmen of M/S Firestone Tyre And Rubber Co. Of India
Vs.
Management
AIR 1973 SC 1227
Appropriate Government
Hindustan Aeronautics Ltd.
Vs.
Workmen
AIR 1975 SC 1737
Individual Dispute Vs. Industrial
Dispute
Central Provinces Transport Services Ltd, Nagpur
Vs.
Raghunath Gopal, Patwaardhan
AIR 1957 SC 104
Legal strikes and Lockouts
Syndicate Bank
Vs.
K. Umesh Nayak
AIR 1995 SC 319
Lay-off
Management of Kairbetta Estate, Kotagiri Po
Vs.
Rajamanickam
AIR 1960 SC 893
Retrenchment
Municipal Corporation of Greater Bombay
Vs.
Labour Appellate Tribunal of India
AIR 1957 Bom 188
Situs of Employment
Indian Express Newspaper
Vs.
State Of West Bengal
(2005) IILLJ 333 Cal
Execution Proceedings
M/S. Kasturi & Sons Pvt Ltd.
Vs.
N. Salivateeswaran,
1958 AIR 507 SC
Settlement
Bata Shoe Co. Ltd.
Vs.
D.N. Ganguly,
AIR 1961 SC 1158