INDUSTRIAL DISPUTES

ACT, 1947
MEANING OF INDUSTRIAL
DISPUTE:-
As per section 2 (k) of Industrial Disputes
Act1947, Industrial Dispute is defined 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 employment or
with the condition of labour of any person.
 MEANING OF INDUSTRY
 Section 2(j) of ID Act 1947 defines
“industry”as :- Industry means any systematic
activity carried on by co- operation between
an employer and his workmen (whether such
workmen are employed by such employer
directly or by or through any agency,
including a contractor) for the production,
supply or distribution of goods or services
with a view to satisfy human wants or wishes
(not being wants or wishes which are merely
spiritual or religious in nature).
 MEANING OF WORKMAN
Section 2 (s) of the ID Act, 1947 defines workman
as :-"Workman" is any person (including an apprentice)
employed in any industry to do any manual, unskilled,
skilled, technical, operational, clerical or supervisory work
for hire or reward, whether the terms of employment be
express or implied and for the purposes of any proceedings
under this act in relation to an industrial dispute, includes
any such person who has been dismissed, discharged or
retrenched in connection with, or as a consequence of, that
dispute, or whose dismissal, discharge or retrenchment has
led to that dispute.
 Workman doesnot include any person who:-
(i)Is subject to army,navy or Air Force , or
(ii)Is employed in police service, or
(iii)Is in a managerial position, or
(iv)Is in a supervisory position drawing wages
exceeding Rs. 1600/- per month.
 APPROPRIATE GOVERNMENT
• Section 2(a) of ID Act 1947.
• Central govt. / State Govt.
• Central Govt.:------ For disputes in industry
carried by Central govt. authority, railways,
Employees’ State Insurance Corp., Air India and
Indian Airlines, banking and Insurance
Companies, etc.
• State Govt.:-------- For industrial disputes in
establishments not covered above.
 OBJECTIVES
• Promotion of measures for securing and preserving
amity and good relation between the employers and
workers.
• Investigation and settlement of industrial disputes.
• Prevention of illegal strikes and lock–outs.
• Relief to workmen in the matter of lay–off and
retrenchment.
• Promotion of collective bargaining.
• To ameliorate the conditions of workers.
• To avoid unfair labour practices
 REASONS/CAUSES OF INDUSTRIAL
DISPUTES:-
• Demand for higher wages and allowances.
• Demand for payment of bonus and determination of its
rate thereof.
• Demand for higher social security benefits.
• Demand for good and safer working conditions,including
length of a working day, the interval and frequency of
leisure and physical work environment.
• Demand for improved labour welfare and other benefits.
For example,adequate canteen, rest, recreation and
accommodation facility, arrangements for travel to and
from distant places, etc.
 FEATURES

• The ID Act, 1947 came into force on 1st April, 1947.

• This act extends to the whole of India including the state of Jammu and
Kashmir.
• It encourages arbitration over the disputes between employers and
employees.
• It provides for setting up of works committees as machinery for mutual
consultation between employers and employees to promote cordial
relation.
• This Act paved the way for setting up permanent conciliation machinery
at various stages having definite time limits for conciliation and
arbitration.
• This Act emphasis on compulsory adjudication besides conciliation and
voluntary arbitration of Industrial Disputes.
• The Act empower the Government to make
reference of the dispute to an appropriate
authority ie, Labour court, Industrial tribunal
and National tribunal depending upon the
nature of the dispute either on its own or on
the request of the parties.
• The right to strike by the workers and lock–out
by the employees has been subjected to the
restriction as laid down in the Act.