Professional Documents
Culture Documents
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Introduction Labour Laws
The labour laws derive their origin, authority and strength
from the provisions of the Constitution of India. The
relevance of the dignity of human labour and the need for
protecting and safeguarding the interest of labour as human
beings has been enshrined in
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Introduction Labour Laws
Chapter III - Fundamental Rights
Articles 16 :- Equality of opportunity in matters of public
employment
Article 19 :- To form association and union
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Introduction Labour Laws
Chapter IV - Directive Principles of State Policy
Articles 39 :- Certain principles of policy to be followed by
the state
Article 41 :- Right to work, to education and to public
assistance in certain cases
Article 42 :- Provision for just and human conditions of
work and maternity relief
Article 43 :- Living wage etc., for workers
Article 43A :- Participation of workers in management of
industries
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Introduction
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Introduction
Industrial disputes are the disputes which arise due to any
disagreement in an industrial relation. Industrial relation
involves various aspects of interactions between the
employer and the employees. In such relations whenever
there is a clash of interest, it may result in dissatisfaction for
either of the parties involved and hence lead to industrial
disputes or conflicts.
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Introduction
Industrial Disputes Act, 1947 provides machinery for
peaceful resolution of disputes and to promote harmonious
relation between employers and workers.
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Introduction
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Objectives & Significance of the Act
The Industrial Disputes Act, 1947 makes provision for the
investigation and settlement of industrial disputes and for
certain other purposes. It ensures progress of industry by
bringing about harmony and cordial relationship between the
employers and employees.
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Objectives & Significance of the Act
In the case of Workmen of Dimakuchi Tea Estate v. Dimakuchi
Tea Estate, AIR 1958 S.C. 353, the Supreme Court laid down
following objectives of the Act:
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Industry?
“Industry” means any business, trade, undertaking,
manufacture or calling of employers and includes any
calling service, employment, handicraft, or industrial
occupation or avocation of workmen. [Section 2(j)]
*Section 2(j) under Amendment Act, 1982 [date of effect is yet to be notified]
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Industry?
Sec 2(j)* “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), whether or not:
(i) any capital has been invested for the purpose of carrying on such
activity; or
(ii) such activity is carried on with a motive to make any gain or
profit, and includes:
(a) any activity of the Dock Labour Board established under
Section 5A of the Dock Workers (Regulations of Employment) Act,
1948, (9 of 1948);
(b) any activity relating to the promotion of sales or business
or both carried on by an establishment,
*Section 2(j) under Amendment Act, 1982 [date of effect is yet to be notified]
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Industry?
but does not include:
(1) any agricultural operation except where such agricultural
operation is carried on in an integrated manner with any other
activity (being any such activity as is referred to in the foregoing
provisions of this clause) and such other activity is the
predominant one. Explanation: For the purpose of this sub-clause,
“agricultural operation” does not include any activity carried on in
a plantation as defined in clause (f) of Section 2 of the Plantations
Labour Act, 1951; or
(2) hospitals or dispensaries; or
(3) educational, scientific, research to training institutions; or
(4) institutions owned or managed by organisations wholly or
substantially engaged in any charitable, social or philanthropic
service; or
(5) khadi or village industries; or
Cont…
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Cont…
Industry?
(6) any activity of the Government relatable to the sovereign
functions of the Government including all the activities carried on
by the departments of the Central Government dealing with
defence research atomic energy and space; or
(7) any domestic service; or
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Industrial Dispute
The above definition can be analysed and discussed under
the following heads:
(i) There should exist a dispute or difference;
(ii) The dispute or difference should be between: (a)
employer and employer; (b) employer and workmen; or (c)
workmen and workmen.
(iii) The dispute or difference should be connected with (a)
the employment or non-employment, or (b) terms of
employment, or (c) the conditions of labour of any person;
(iv) The dispute should relate to an industry as defined in
Section 2(j).
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Collective Bargaining
Collective bargaining is a process of negotiation between
employers and a group of employees aimed at agreements to
regulate working salaries, working conditions, benefits, and
other aspects of workers' compensation and rights for
workers. The interests of the employees are commonly
presented by representatives of a trade union to which the
employees belong.
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Strike
As per Cambridge Dictionary “Strike is to refuse to continue
working because of an argument with an employer about
working conditions, pay levels, or job losses”.
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Strike
General meaning
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Strike
Legal meaning
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Type of Strikes
1. Stay-in, sit-down, pen-down or tool-down strike
2. Go-slow
3. Hunger Strike
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Legality of Strikes
The justifiability of strike has no direct relation to the
question of its legality and illegality.
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Legality of Strikes
The Supreme Court in Gujarat Steel Tubes Ltd. v.
Gujarat Steel Tubes Majdoor Sabha, AIR 1980 SC 1896
held that justifiability of a strike is purely a question of
fact.
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Legality of Strikes
As regards the wages to the workers strike period are
concerned, the Supreme Court in Charakulam Tea Estate
v. Their Workmen, AIR 1969 SC 998 held that in case of
strike which is legal and justified, the workmen will be
entitled to full wages for the strike period. Similar view
was taken by the Supreme Court in Crompton Greaves
Ltd. case 1978 Lab 1C 1379 (SC).
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Legality of Strikes
The Supreme Court in Statesman Ltd. v. Their
Workman, AIR 1976 SC 758 held that if the strike is
illegal or unjustified, strikers will not be entitled to the
wages for the strike period unless considerate
circumstances constraint a different cause. Similar view
was taken by the Supreme Court in Madura Coats Ltd. v.
The Inspector of Factories, Madurai, AIR 1981 SC 340.
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Lock Out
“Lock-out” 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. [Section 2(l)]
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Lay-off
“Lay-off” (with its grammatical variations and cognate
expressions) means the failure, refusal or inability of an
employer to give employment due to following reasons, to
a workman whose name appears on the muster-rolls of his
industrial establishment and who has not been retrenched:
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Retrenchment
“Retrenchment” means the termination by the employer of
the service of a workman for any reason whatsoever,
otherwise than as a punishment inflicted by way of
disciplinary action, but does not include: (a) voluntary
retirement of the workman; or (b) retirement of the
workman or reaching the age of superannuation if the
contract of employment between the employer and the
workman concerned contains a stipulation in that behalf; or
(bb) termination of the service of the workman as a result
of the non-renewal of the contract of employment between
the employer and the workman concerned on its expiry or
of such contract being terminated under a stipulation in that
behalf contained therein. (c) termination of the service of
workman on the ground of continued ill-health.
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Strikes & Lock Out
Strikes and lock-outs are the two weapons in the hands of
workers and employers respectively, which they can use to
press their viewpoints in the process of collective
bargaining. The Industrial Disputes Act, 1947 does not
grant an unrestricted right of strike or lock-out.
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Authorities under the Act
The Act provides for following Authorities for
Investigation and settlement of industrial disputes:
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Govt planning new labour legislation by merging 44 laws
under 4 categories
Aimed at helping investors and accelerating growth, the
Modi government is planning a new labour legislation that
would merge 44 labour laws under four categories–
https://economictimes.indiatimes.com/news/economy/policy/govt-planning-new-labour-legislation-by-merging-44-laws-und
er-4-categories/articleshow/69744758.cms?from=mdr
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Govt planning new labour legislation by merging 44 laws
under 4 categories
1. Wages
2. Social Security
4. Industrial Relation
https://economictimes.indiatimes.com/news/economy/policy/govt-planning-new-labour-legislation-by-merging-44-laws-und
er-4-categories/articleshow/69744758.cms?from=mdr
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Govt planning new labour legislation by merging 44 laws
under 4 categories
Wages
https://economictimes.indiatimes.com/news/economy/policy/govt-planning-new-labour-legislation-by-merging-44-laws-und
er-4-categories/articleshow/69744758.cms?from=mdr
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klgupta.in
Govt planning new labour legislation by merging 44 laws
under 4 categories
Social Security
https://economictimes.indiatimes.com/news/economy/policy/govt-planning-new-labour-legislation-by-merging-44-laws-und
er-4-categories/articleshow/69744758.cms?from=mdr
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Govt planning new labour legislation by merging 44 laws
under 4 categories
Industrial Safety & Welfare
https://economictimes.indiatimes.com/news/economy/policy/govt-planning-new-labour-legislation-by-merging-44-laws-und
er-4-categories/articleshow/69744758.cms?from=mdr
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Govt planning new labour legislation by merging 44 laws
under 4 categories
Industrial Relation
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klgupta.in
Dr. Kalpeshkumar L Gupta
www.klgupta.in
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