1 the industrial disputes act 1947
TRANSCRIPT
-
7/31/2019 1 the Industrial Disputes Act 1947
1/44
The Industrial Disputes
Act 1947
-
7/31/2019 1 the Industrial Disputes Act 1947
2/44
Chapter I - Preliminary
Section 1: Short title, extent andcommencement
- may be called as Industrial Disputes Act1947
- Extended to whole of India
- Commenced from first day of April 1947
- It Consists of 81 Sections and 5schedules
-
7/31/2019 1 the Industrial Disputes Act 1947
3/44
Objects of the Act
The promotion of measures for securingamity and good relations between theemployer and workmen.
An investigation and settlement of industrialdisputes.
The prevention of illegal strikes and lock-outs.
Relief to workmen in the matter of lay-off,retrenchment and closure of anundertaking.
Collective bargaining.
-
7/31/2019 1 the Industrial Disputes Act 1947
4/44
Main Features of the Act
Any industrial dispute may be referred toan industrial tribunal by an agreement ofparties to the dispute or by the State
Government.
An award shall be binding on both theparties to the dispute for the specified
period not exceeding one year. It shall benormally enforced by the Government.
-
7/31/2019 1 the Industrial Disputes Act 1947
5/44
Strikes and lock-outs are prohibited: During the pendency of conciliation and
adjudication proceedings During the pendency of settlements reached in
the course of conciliation proceedings
During the pendency of awards of Industrial
Tribunal declared binding by the appropriateGovernment.
In public interest or emergency the
appropriate Government has power todeclare the transport, coal, cotton textiles,food stuffs and iron & steel industries to bea public utility service.
-
7/31/2019 1 the Industrial Disputes Act 1947
6/44
In case of lay off or retrenchment of
workmen the employer is required to paycompensation to them.
Provision has also been made for
payment of compensation to workmen incase of transfer or closure on anundertaking.
A number of authorities are provided forsettlement of industrial disputes.
-
7/31/2019 1 the Industrial Disputes Act 1947
7/44
Chapter I Preliminary
Section 2: Definitions
( a) Appropriate Government
(b) Award(cc) Closure
(g) Employer
(j) Industry(k) Industrial Dispute
-
7/31/2019 1 the Industrial Disputes Act 1947
8/44
Chapter I Preliminary
Section 2: Definitions
(kkk) Layoff
(l) Lock-out(oo) Retrenchment
(q) Strike
(s) Workman
-
7/31/2019 1 the Industrial Disputes Act 1947
9/44
Chapter II- Authorities under the Act
I. Works Committee (Section 3)
II. Conciliation Officer Section 4)
III. Boards of Conciliation (Section 5)
IV. Courts of Inquiry (Section 6)
V. Labour Courts:
Section 7: Constitution of Labour Court,Trbunals andNational Tribunals
Section 10: Reference of Dispute
Section 11: Procedure and Power
Section 15: Duties
-
7/31/2019 1 the Industrial Disputes Act 1947
10/44
-
7/31/2019 1 the Industrial Disputes Act 1947
11/44
-
7/31/2019 1 the Industrial Disputes Act 1947
12/44
-
7/31/2019 1 the Industrial Disputes Act 1947
13/44
-
7/31/2019 1 the Industrial Disputes Act 1947
14/44
-
7/31/2019 1 the Industrial Disputes Act 1947
15/44
-
7/31/2019 1 the Industrial Disputes Act 1947
16/44
-
7/31/2019 1 the Industrial Disputes Act 1947
17/44
-
7/31/2019 1 the Industrial Disputes Act 1947
18/44
-
7/31/2019 1 the Industrial Disputes Act 1947
19/44
-
7/31/2019 1 the Industrial Disputes Act 1947
20/44
-
7/31/2019 1 the Industrial Disputes Act 1947
21/44
-
7/31/2019 1 the Industrial Disputes Act 1947
22/44
The Third Schedule
1. Wages, including the period and mode of payment;
2. Compensatory and other allowance;3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity;
6. Shift working otherwise than in accordance withstanding orders
7. Classification by grades
8. Rules of discipline
9. Rationalisation
10. Retrenchment of workmen and closure ofestablishment
11. Any other matter that may be prescribed
-
7/31/2019 1 the Industrial Disputes Act 1947
23/44
The Industrial Disputes Act1947
Report and Award
Section 16: Form of Report or AwardSection 17: Publication of Report
Section 17A: Commencement of the awards
-
7/31/2019 1 the Industrial Disputes Act 1947
24/44
The Industrial Disputes
Act 1947Settlement and Award
Section 2p and 2b: DefinitionSection 18: Persons on whom settlementsand awards are binding
Section 19 Period of operation of settlementsand awards
Section 29: Penalty for breach of Settlementor award
-
7/31/2019 1 the Industrial Disputes Act 1947
25/44
Strikes&
Lock-outs
-
7/31/2019 1 the Industrial Disputes Act 1947
26/44
Strikes and Lock-outs
Definition
Under Section 2q
Strike means a cessation of work by a body
of persons employed in any industry acting incombination
or a concerted refusal, or a refusal, under acommon understanding of any number ofpersons who are or have been so employedto continue to work or to accept employment.
-
7/31/2019 1 the Industrial Disputes Act 1947
27/44
Strikes and Lock-outs
Under Section 2l
Lock-out means the temporary closing ofa place of employment
or the suspension of work, or the refusal byan employer to continue to employ anynumber of persons employed by him.
-
7/31/2019 1 the Industrial Disputes Act 1947
28/44
Strikes and Lock-outsSection 23: General prohibition of Strikes
and Lock-outsNo workman is allowed to go on strike
- during the pendency of conciliation proceedingsbefore Board of Conciliation and 7 days afterconclusion.
- during the pendency of proceedings beforeLabour Court / Tribunal / National Tribunal and2 months after conclusion.
- during the pendency of arbitration proceedingsand 2 months after conclusion.
- during any period in which a settlement or
award is in operation.
-
7/31/2019 1 the Industrial Disputes Act 1947
29/44
Strikes and Lock-outs
Section 22: Prohibition of Strikes andLock-outs (in public utility services)
A person employed in PUS must not go onstrike
- without giving a notice of strike within 6weeks before striking.
- within 14 days of giving such notice.
- before the expiry of the date of strikespecified in the notice
- during the pendency of conciliationproceedings before a conciliation officer and
7 days after conculsion.
-
7/31/2019 1 the Industrial Disputes Act 1947
30/44
Strikes and Lock-outs
Section 24: Illegal Strikes and Lock-outsStrikes or lock- out is illegal in following cases
- if it commenced or declared in contravention of
the provisions of sec. 22 & 23- if it continued in contravention of an order
passed by appropriate government forprohibition of strike/ lockout (when dispute was
referred to Authorities).- if it is continued in contravention of an order
passed by appropriate government (whendispute was referred to Arbitration).
-
7/31/2019 1 the Industrial Disputes Act 1947
31/44
Strikes and Lock-outs
Section 25: Prohibition of financial aid toillegal Strikes and Lock-outs
Act Prohibits expending or applying any moneyin direct furtherance or support of any illegal
strike.Section 26: Penalty for illegal strikes andlock-outs
Participating in illegal strike in punishable with
imprisonment up to 1 month or fine up to Rs.50 or both
Declaring by an employer an illegal lock-out ispunishable with imprisonment up to 1 month
or fine up to Rs. 1000 or both.
-
7/31/2019 1 the Industrial Disputes Act 1947
32/44
Strikes and Lock-outs
Section 28: Penalty for giving financialaid to illegal strikes and lock-outs
Any person, who instigates or incites anotherperson to take part in, or finances anyillegal strike or lock-out is punishable withimprisonment up to 6 months or with fine
up to Rs. 1000 or both.
-
7/31/2019 1 the Industrial Disputes Act 1947
33/44
Lay-off, Retrenchment
&Closure
-
7/31/2019 1 the Industrial Disputes Act 1947
34/44
Lay-off, Retrenchment & Closure
Definition
Under Sec. 2kkk
Lay-off means the failure, refusal or inabilityof an employer on account of shortage ofcoal, power or raw materials or the
accumulation of stocks or the breakdown ofmachinery to give employment to a workmanwhose name is borne on the muster rolls ofhis industrial establishment and who has not
been retrenched.
L ff R t h t &
-
7/31/2019 1 the Industrial Disputes Act 1947
35/44
Lay-off, Retrenchment &Closure
Under Sec. 2oo
Retrenchment means the termination by theemployer of the service of a workman forany reason whatsoever, otherwise than as apunishment inflicted by way of disciplinary
action.
-
7/31/2019 1 the Industrial Disputes Act 1947
36/44
Lay-off, Retrenchment & Closure
Section 25A: Application of Section 25Cand 25E
The provisions of the act do not apply to anindustrial establishment
- in which less than 50 workmen areemployed.
- which is of a seasonal character.
L ff R t h t &
-
7/31/2019 1 the Industrial Disputes Act 1947
37/44
Lay-off, Retrenchment &Closure
Section 25C: Right of workmen laid-offfor compensation
- The workman whose name is borne on the
muster rolls and who has completed oneyear continuous service, is laid-off is entitledto compensation.
- Compensation should be equal to 50% of thetotal basic wages and dearness allowance.
- If workman has been laid-off for more than45 days, no compensation is payable after
the expiry of first 45 days.
Lay off Retrenchment &
-
7/31/2019 1 the Industrial Disputes Act 1947
38/44
Lay-off, Retrenchment &Closure
Section 25 E: Workman not entitled tocompensation
Workman is not entitled to compensation underfollowing cases
- if he refuses to accept any alternativeemployment under same employer
- if he does not present himself for work at theestablishment at the appointed time atleast
once a day.- if such laying-off is due to a strike or slowing
down of production on the part of workmen
L ff R t h t &
-
7/31/2019 1 the Industrial Disputes Act 1947
39/44
Lay-off, Retrenchment &Closure
Under Sec. 2oo
Retrenchment means the termination by theemployer of the service of a workman forany reason whatsoever, otherwise than as apunishment inflicted by way of disciplinary
action.
Lay-off Retrenchment &
-
7/31/2019 1 the Industrial Disputes Act 1947
40/44
Lay-off, Retrenchment &Closure
Section 25F: Conditions precedent to
retrenchment of workmenAct prohibits the retrenchment of any workman
employed in continuous service for atleast oneyear under following conditions
- the workman has been given one monthsnotice in writing indicating the reason.
- workman has to be paid compensation of
15days average pay for every completed yearof continuous service.
- notice has been served in the prescribedmanner on the appropriate government by
notification in the official gazette.
-
7/31/2019 1 the Industrial Disputes Act 1947
41/44
Lay-off, Retrenchment & Closure
Section 25FFF: Compensation in case oftransfer of undertakings
Where the ownership or management of anundertaking is transferred to a newemployer before such transfer everyworkman is entitled to compensation and
notice as if he had been retrenched
ff h
-
7/31/2019 1 the Industrial Disputes Act 1947
42/44
Lay-off, Retrenchment &Closure
Under Sec. 2cc
Closure means permanent closing down of aplace of employment or part thereof.
-
7/31/2019 1 the Industrial Disputes Act 1947
43/44
Lay-off, Retrenchment & Closure
Section 25FFA: Notice of intention toclose down an undertaking
Employer who is intending to close down anundertaking should serve 60 days priornotice to his workman.
-
7/31/2019 1 the Industrial Disputes Act 1947
44/44