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INDUSTRIAL DISPUTES ACT

1947
OBJECTIVES - Promotion of measures
of securing, preserving Industrial
harmony
• Settlement of disputes between
Employer – Workman
Employer - Employer
Workman - Workman
• Rights of Registered Trade Union
• Prevention of illegal- Strike;Lockout
• Promotion of collective bargaining
[Dimakuchi Tea Estate, In re:] 1
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] 3
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 • Temporary
by a body of closing of place
persons of employment
[workman]
• Concerted refusal • Refusal by
to work employer to
• Duration & Time continue to
of Strike - employ
immaterial
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LAY OFF RETRENCHMENT
• Failure by employer Termination of service
to provide by employer for any
employment within 2 reason
hours of presenting Exceptions
himself for work Disciplinary dismissal,
Condition - Superannuation, VRS
50% wages 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 Tribunal
Labour court
Arbitral Tribunal AWARD
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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
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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
8. To refuse collective bargaining 9
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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Unfair Labour Practices
4. To refuse or use coercion against
certification of bargaining
representative
5. To gherao, stage dharna at the
residence of employers or managerial
personnel
6. To incite or indulge in willful damage
employer`s property
7. To hold out threats of intimidation
against any workman to prevent him
from attending work 11