Industrial dispute act 1947Industrial dispute act 1947

IntroductionIntroduction

According to Section 2 (k) of the Industrial According to Section 2 (k) of the Industrial Disputes Act, 1947 “Disputes Act, 1947 “industrial disputeindustrial dispute” is ” is defined as, defined as, “Any disputes or differences between employers and “Any disputes or differences between employers and employers, or between employers and workmen, or employers, or between employers and workmen, or between workmen and workmen, which is connectedbetween workmen and workmen, which is connectedwith the employment or non-employment or the with the employment or non-employment or the terms of employment or with the conditions of terms of employment or with the conditions of labour, of any person”labour, of any person”

HistoryHistory

Employer’s and Workmen’s (Disputes) Act,1860Employer’s and Workmen’s (Disputes) Act,1860 Trade Disputes Act,1929 .Trade Disputes Act,1929 . Act seeks to reorient the administration of the Act seeks to reorient the administration of the

conciliation machinery.conciliation machinery. The act extends to the whole of the India .The act extends to the whole of the India . Applies to all industries whether public and private. Applies to all industries whether public and private.

Usually amended time to time.Usually amended time to time. Latest amendments done in 1984.Latest amendments done in 1984.

ObjectivesObjectives

To secure industrial peace.To secure industrial peace. For prevention and settlement of I.disputes For prevention and settlement of I.disputes

between employers and employees.between employers and employees. Securing and preserving amity and good relations Securing and preserving amity and good relations

between the employers and workmen. between the employers and workmen. To ameliorate the condition of workmen in To ameliorate the condition of workmen in

industry.industry. By redressal of grievances of workmen through a By redressal of grievances of workmen through a

statutory machinery.statutory machinery. By providing job security.By providing job security.

DefinitionsDefinitions

Types of idTypes of id

Interest disputesInterest disputes Grievance disputesGrievance disputes Unfair labour practicesUnfair labour practices Recognition disputesRecognition disputes

Who can raise an Industrial Dispute?Who can raise an Industrial Dispute?

Any person who is a workman employed in an Any person who is a workman employed in an industry can raise an industrial dispute. industry can raise an industrial dispute.

A workman includes any person (including an A workman includes any person (including an apprentice) employed in an industry to doapprentice) employed in an industry to domanual, unskilled, skilled, technical, operational,manual, unskilled, skilled, technical, operational,clerical or supervisory work for hire or reward.clerical or supervisory work for hire or reward.

It excludes those employed in managerial or It excludes those employed in managerial or administrative capacity. administrative capacity.

Parties to IDParties to ID

Employers and EmployersEmployers and Employers Employers and WorkmenEmployers and Workmen Workmen and WorkmenWorkmen and Workmen

Essentials of an Industrial DisputeEssentials of an Industrial Dispute

It must affect a large group of workmen It must affect a large group of workmen It should invariably be taken up by the industry It should invariably be taken up by the industry

union or by an appreciable number of workmen union or by an appreciable number of workmen There must be a concerted demand by the There must be a concerted demand by the

workers for redress and the grievance becomes such workers for redress and the grievance becomes such that it turns from individual complaint to a general that it turns from individual complaint to a general complaint complaint

If the dispute was in the beginning an individual If the dispute was in the beginning an individual dispute and continued to be such till referred for dispute and continued to be such till referred for adjudication, it can not be converted into industrial adjudication, it can not be converted into industrial dispute by later support from other workmendispute by later support from other workmen

Weapons used by Unions/ WorkersWeapons used by Unions/ Workers

StrikesStrikes BoycottBoycott GheraoGherao PicketingPicketing Non-cooperation/ IndiciplineNon-cooperation/ Indicipline HostilityHostility Absenteeism, alcoholism or high rate of Absenteeism, alcoholism or high rate of

accidents accidents

Weapons used by ManagementWeapons used by Management

Employers associationEmployers association

Lock outLock out

SuspensionSuspension

TerminationTermination

Authorities under the act.Authorities under the act.

Concillation OfficersConcillation Officers

Labour CourtsLabour Courts

Industrial TribunalsIndustrial Tribunals

National Industrial TribunalsNational Industrial Tribunals

Lay offLay off

As per the section 2(kkk) : As per the section 2(kkk) :

“ “Lay Off Lay Off “ “ is the inability /failure /refusal of the employer to is the inability /failure /refusal of the employer to give employment to workmen on his muster rolls (excluding give employment to workmen on his muster rolls (excluding badlis & casuals) on account of :badlis & casuals) on account of :

   Shortage of coal/ power/ raw materialShortage of coal/ power/ raw material Accumulation of stocksAccumulation of stocks Breakdown of machineryBreakdown of machinery Natural calamity (like floods / earthquake / fire / lightning, Natural calamity (like floods / earthquake / fire / lightning,

etc) or any other connected reasonetc) or any other connected reason

RetrenchmentRetrenchment

As per section 2(00), all types of termination of a workman by As per section 2(00), all types of termination of a workman by an employer would be an employer would be retrenchmentretrenchment, unless it is a , unless it is a termination by way of disciplinary action or it falls under any termination by way of disciplinary action or it falls under any one of the following four exceptions :one of the following four exceptions :

Voluntary retirement.Voluntary retirement. Retirement on reaching the age of superannuation (if there is a Retirement on reaching the age of superannuation (if there is a

stipulation in the contract of employment).stipulation in the contract of employment). Termination resulting out of non-renewal of a fixed term Termination resulting out of non-renewal of a fixed term

contract employment.contract employment. Termination on account of continued ill-healthTermination on account of continued ill-health..

ClosureClosure

A fundamental right of Employer.A fundamental right of Employer.

No State government intervention.No State government intervention.

The reasons could be actual loss or apprehended loss.The reasons could be actual loss or apprehended loss.

Basically due to trade reasonsBasically due to trade reasons..

Lock outLock out

Temporary closing down of place of employment, or Temporary closing down of place of employment, or suspension, or withholding of the work by the suspension, or withholding of the work by the employeremployer

His refusal to continue to with services of employees.His refusal to continue to with services of employees. Elements of demand leading to closedown. Elements of demand leading to closedown. Intention is their to re-employ the workers if the Intention is their to re-employ the workers if the

accept the demand.accept the demand. Strike & Lockout are both weapons for armory of Strike & Lockout are both weapons for armory of

employee and employer .employee and employer .

SettlementSettlement

Arrived at in course of conciliation .Arrived at in course of conciliation .

Written agreement b/w parties, signed.Written agreement b/w parties, signed.

Copy of the agreement sent to officer authorized by Copy of the agreement sent to officer authorized by appropriate government and conciliation officer.appropriate government and conciliation officer.

StrikStrikee

Cessation of work by a body of persons employed.Cessation of work by a body of persons employed.

Concerted refusal of any number of workers who Concerted refusal of any number of workers who have to continue to work or accept employment.have to continue to work or accept employment.

Refusal under common understanding .Refusal under common understanding .

When would strikes or lockouts be When would strikes or lockouts be illegal in public utilityillegal in public utility

without giving at least 14 days notice. without giving at least 14 days notice.  Commenced after 42 days of notice.Commenced after 42 days of notice. Prior to date indicated in the notice.Prior to date indicated in the notice. During pendency of proceedings before conciliation During pendency of proceedings before conciliation

officer/board and seven days officer/board and seven days thereafter.thereafter. During pendency of proceedings before labour court / During pendency of proceedings before labour court /

tribunal / arbitrators and two months thereafter. tribunal / arbitrators and two months thereafter. During the period when a settlement or award is in During the period when a settlement or award is in

operation on matters covered.operation on matters covered.

Non-public utility serviceNon-public utility service

In breach of contractIn breach of contract During pendency of conciliation before a board During pendency of conciliation before a board

and seven days thereafterand seven days thereafter During pendency of conciliation before labour During pendency of conciliation before labour

court / tribunal / arbitrator and two months court / tribunal / arbitrator and two months thereafterthereafter

During the period on matters covered when a During the period on matters covered when a settlement or award is in operationsettlement or award is in operation..

Consequences of illegal Consequences of illegal strikes/lockoutsstrikes/lockouts

On workmenOn workmen

On employerOn employer

On any personOn any person

Extent of compensation payable to Extent of compensation payable to affected workmenaffected workmen

In case of working for more than a year :In case of working for more than a year : worker entitled for notice and compensationworker entitled for notice and compensation

In case of unavoidable circumstances beyond the control of In case of unavoidable circumstances beyond the control of employer:employer:

Shall not exceed average pay for three monthsShall not exceed average pay for three months

Consequence of violating the provisions on closure:Consequence of violating the provisions on closure:As per sn.25r any employer who closes down an establishment As per sn.25r any employer who closes down an establishment

without complying with the provisions of sn.25(o)(1) shall without complying with the provisions of sn.25(o)(1) shall be punishable with imprisonment for 6 months or with fine be punishable with imprisonment for 6 months or with fine upto rs.5,000/- or both.upto rs.5,000/- or both.

Penalties for..Penalties for..

illegal strikes and lock-outs.illegal strikes and lock-outs. instigation, etcinstigation, etcgiving financial aid to illegal strikes and giving financial aid to illegal strikes and

lock-outs.lock-outs.breach of settlement or award.breach of settlement or award.disclosing confidential information.disclosing confidential information.closure without notice.closure without notice.other offences.other offences.

FAQsFAQs

When does an individual dispute become an When does an individual dispute become an industrial dispute?industrial dispute?

Are there any restrictions on the employer in the Are there any restrictions on the employer in the matter of changing the service conditions of his matter of changing the service conditions of his workmen?workmen?

What is the punishment for committing an unfair What is the punishment for committing an unfair labour practice?labour practice?

What is the procedure for recovering money due What is the procedure for recovering money due to a workman from his employer?to a workman from his employer?

What is not included in Industry?What is not included in Industry?