Industrial Dispute Act 1947 (Peacefull settlement of Dispute between Employer and Employee)

The first enactment dealing with the settlement of Industrial Dispute was the EMPLOYEE AND WORKMEN (DISPUTE ACT), 1860. This Act weigh much against workmen and had been replaced by TRADE DISPUTE ACT, 1929, This act was containing some special provisions regarding Strikes in public Utility sector or General Strike affecting community as a whole. The main purpose of the act, however, was to provide a conciliation machinery to bring about peace full settlement of all kinds of Industrial Disputes.

The Industrial Dispute Act were passed in 1947 with a view to removing certain shortcoming from Trade Dispute Act,

It Introduced 1. Works Committee 2. Industrial Tribunals

Definition of Industry: Section 2 (j): As substituted by amendment act 1982, Industry means any systematic activity carried on by or cooperation between employer and workmen. The workman may be employed by or through any agency, including contractor. The employment should be however be for the production, supply or distribution of goods or service with a view to satisfy human needs and wishes (not merely needs and wishes spiritual or religious in nature)

What is an industrial Dispute?

 

The definition of Industrial Dispute (Section – 2 K)

The term industrial dispute cannotes a real substantial difference having element of persistency and continuity till resolved and is likely, if not resolved, to endanger the industrial peace.

The Ingredient of Industrial Dispute:

1.    The dispute should be real and subsistence

2.    The dispute and difference must be connected with employment, non employment or term of employment or with a condition of labour of any person

There are three type of Disputes:

1.    Between Employer and Employer

2.    Employee and Employee

3.    Employee and Employer

 The Disputed may be of Two Types (Section 2(A))

1.    Individual

2.    Collective

Appropriate Government Section 2 (a) Appropriate government means the central government in relation to any Industrial Dispute.

Average Pay Section 2 (aaa)

Closer Section 2 (cc)

Employer Section 2 (g)

Executive and office bearer in relation to a trade dispute 2 (gg): The body by whatever name called to which management affairs are entrusted.

Lay off Section 2 (kkk): Failure, refusal or inability of an employer to give employment to a workmen a) whose name is born on muster roll b) who has not been retrenched

Lock Out: Section 2 (l)

The first Schedule introduced public utility sector section 2 (n) (VI)

Retrenchment Section 2 (oo)

Strike Section 2 (q)

Trade union Section 2 (qq)

Tribunals Section 2 (r)

Unfair Labour Practices 2 (ra) any practice mentioned in 5^th schedule

Wage Section 2 (rr): all the remuneration capable of being expressed in terms of money. Which would if the terms and conditions are expressed or implies are fulfilled.

Workmen Section 2 (s) including an apprenticeship, Employed in an industry to do manual, unskilled, skilled, technical, operational, clerical, supervisory work for hire or reward. Workmen include any person who has been dismissed or discharges or retrenchment led to dispute.

Procedure to settlement of Industrial Dispute:

Voluntary Settlement

1.    Work Committee Section 3

2.    Conciliation officer Section 4

3.    Board of conciliation section 5

4.    Court of Inquiry Section 6   

5.    Labour Court Section 7

Adjunction

1.    Industrial Tribunal Section 7-A

2.    National Tribunal Section 7-B

Voluntary Reference: Section 10 A- Make provision for the preservation of dispute to Arbitration:

Period of Submission of Award:  

Section 10- 3 Months from the date of commencement of such dispute

Section 10 (2-A) –Extension may be granted if Both parties come to an agreement regarding it , they may fix time as per agreement.

Chapter V

Section 22 (1) Prohibitions of Strikes in Public Utility Sector

Section 22 (2) Prohibition of Lockouts in Public Utility Sector

Section 23: Prohibition of Strike and Lockouts in industrial Establishments

Section 24: Illegal Strike and Lockouts

Definition of Continuous service (Section 25-B)

 The continuous service may be interrupted as per Act by:

a) Sickness b) Authorized Leave c) An Accident d) Legal Strike e) Lockout

Retrenchment:

Section 25 (f) Condition precedent to retrenchment of workmen

Section 25 (ff) Transfer and closing down of undertaking