Industrial

Dispute Act
1947
Introduction
Industry:
means any systematic activity carried on
by co-operation between an employer and
his workmen for the production, supply or
distribution of goods or services with a
view to satisfy human wants or wishes.

Dispute:
To question the truth or validity of, a
disagreement , a debate.
* Any Agricultural Operation
* Hospitals
* Educational, research or training institutions
* Institutions owned or managed by organisations
managing charitable or social service
* Khadi or Village industries
* Sovereign Functions of the Government
* any activity being a profession practised by an
individual or body of individuals(less than 10)
Industrial Dispute Act, 1947
Under Section 2 (k)
o It means any dispute or difference between
employers and employers,
o employers and workmen, or
o workmen and which is connected with-
the employment or non-employment
the terms of employment, or
with the conditions of labour, of any person.
History
Employers and Workmens Disputes
Act, 1860
Trade Disputes Act, 1929
Rule 81-A (Defense of India Rules)
Industrial Dispute Act, 1st April - 1947

Objective
To ensure fare terms to the
workmen
To prevent dispute between
employers and employees

Classification of Industrial
Disputes
Industrial
Dispute
Interest
Dispute
Grievance/Right
s Dispute
Unfair Labor
Practices
Recognition
Dispute
Interest Dispute:
It arise out of deadlocks in the negotiations
for a collective agreement.
They relate to the determination of new
terms and conditions of employment for
general body of worker.
Originates from the demand of
improvement in wages, job security, fringe
benefits, etc.
Grievance / Rights Disputes:
Its a protest against an act of
management that is considered
to violate the rights of workmen.

Discipline and dismissal,
working time, over-time, rights
of supervisor


Unfair Labor Practice:
Discrimination on grounds that workers
are trade union members, participated
in trade union activity.

To interfere, restraint the workers when
they exercise their rights to organize,
join or assist a union, refusal to bargain
collectively.

Recognition Dispute:
When the employers
organization refuses to
recognize a trade union for the
purpose of collective bargaining.
Strike
a cessation of work by a body of
persons employed in any industry
acting in combination or a concerted
refusal, or a refusal under a
common understanding, of any
number of persons who are or have
been so employed to continue to
work or to accept employment.

STRIKES
Primary Strikes
Stay Away
i) Sit Down
ii) Stay-in
iii) Tool-down
Token Or Protest
Lighting
Picketing & Boycott
Gherao
Secondary Strikes
Sympathy
Others
1. General
2. Particular
3. Political
4. Bandhs
Types of Strikes
Primary Strikes: Are aimed against the employer
with whom the dispute exists.

Stay Away
Sit Down
Stay-in
Tool-down
Token Or Protest
Lightening
Picketing & Boycott
Gherao

Secondary Strikes

In which the pressure is applied not against
the primary employer with whom the primary
workers have a dispute but against some
third person who has good trade relations
with him.
Types of Strikes
Lockout
Lockout means
Closing of a place of employment or
Suspension of work or
Refusal by an employer to employ any
number of persons employed by him.
Lock-out is legitimate weapon in the
hands of the employer for forcing the
workers to accept his demands & to
withdraw the demands made by them.
By workman
Refusal to work or
accept employment.
Under common
understanding or
acting in concert.
By employer

Temporary closure

Refusal to continue
to employ the person
employed
Illegal strike:- imprisonment for one month
or fine of Rs.50 or both.

Illegal Lock-out:- imprisonment for one
month or fine of one thousand rupees or both.


Layoff
Means the failure, refusal or inability of
an employer on account of shortage of


Coal, power or raw materials or
Breakdown of machinery
Or natural calamity or for any other
reason


Badli Workman
If the workman is a Badli workman or
a casual workman, he would fall outside
the ambit of Section 25C.

However, if a badli workman has
completed 1 year of continuous service
in the industrial establishment, he will
be treated as a permanent workman for
all purposes


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

Voluntary retirement of the workman
Retirement of the workman on reaching the age of
superannuating.
Termination of the service of a workman on the ground of
continued ill-health

Authorities
The appropriate Government may, by notification in
the Official Gazette, appoint such number of persons
as it thinks fit, to be conciliation officers,

Charged with the duty of mediating in and promoting
the settlement of industrial disputes.

A conciliation officer may be appointed for a specified
area or for specified industries in a specified area or
for one or more specified industries and either
permanently or for a limited period.

*
* A Board shall consist of a chairman and 2
or 4 other members, as the appropriate
Government thinks fit.

* The chairman shall be an independent
person

* And the other members shall be persons
appointed in equal numbers to represent the
parties to the dispute.

* A Board, may act in spite the absence of
the chairman or any of its members or any
vacancy in its number

*Provided that if the appropriate Government
notifies the Board that the services of
* The chairman or
* Any other member have ceased to be
available the Board shall not act until a new
chairman or member, as the case may be,
has been appointed.

*
* A Court may consist of:
* One independent person or
* Of such number of independent persons as
the appropriate Government may think fit
* And where a Court consists of two or more
members, one of them shall be appointed as
the chairman.
* The chairman have ceased to be available
* The Court shall not act until a new chairman
has been appointed.


*
* He is an Officer in Indian Legal Service in Grade III
with 3yrs experience in it.
* He is or had been a Deputy Chief Labour
Commissioner (Central) or Joint Commissioner of
State Labour Dept has
*A Degree in Law
*At least 7 yrs experience in Labour Dept
including
*3 yrs as a Conciliation Officer

Tribunal
*
* The Central Government may, constitute one or
more National Industrial Tribunals for the
adjudication of industrial disputes which, in the
opinion of the Central Government,
* involve questions of national importance or
* Are of nature that more than one State are
likely to be interested in, or affected by, such
disputes.
A National Tribunal shall consist of one person
only to be appointed by the Central
Government.

A person shall not be qualified for appointment
as the presiding officer of a National Tribunal
unless he is, or has been, a Judge of a High
Court

The Central Government may, appoint two
persons as assessors to advise the National
Tribunal in the proceeding before it.
*
*
* Definition of Appropriate Govt. amended.
* Direct access to the workman to the Labour Court
or Industrial Tribunal in case of disputes arising
out of Section-2 A of the Act.
* Empowering Labour Court or Tribunal to execute
Awards, Orders of Settlements arrived at by
Labour Court or Industrial Tribunals.
* Expanding the scope of qualifications of
Presiding Officers of Labour Courts or Tribunals.

* Establishment of Grievance Redressed Machinery in
every industrial establishment employing 20 or
more workmen for the resolution of disputes arising
out of individual grievances.

* The Amendments have been brought into force
w.e.f. 15.09.2010
*