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Employees and Workmen (Disputes)Act,1860
- The first legislative measure dealing with thesettlement of ID in India.
-The act empowered magistrates to dispose of
disputes concerning wages of workmen employedin railways, canals etc
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After the FIRST WORLD WAR, there wasincrease in the no. of ID resulting in frequentstrikes and lock- outs
This made it necessary to adopt Legislation fortheir effective settlement and thus this act waspassed which authorized the central andProvincial govt. to estb. Courts of Inquiry and
Boards of Conciliation.
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The Trade Act,1929 was experimental for 5yrs.so with a view to make it permanent thisact was enacted in april,1934.
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This act empowered the Central and provincialgovernments to appoint Conciliation Officersfor mediating in and promoting the
settlement of ID in any business,industry etc. The act enlarged the definition of public utility
services so as to include power plants ,etc.
The provisions regarding illegal strikes andlock- outs were made less restrictive.
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This rule which was added to the Defence ofIndia Rules in january 1942 ,empowered thegovt.
a)To prohibit strikes or lock-outs in connectionwith any trade dispute ;
b) To refer any dispute to conciliation oradjudication;
c)To require employers to observe specified termsand conditions.
d)To enforce the decisions of the adjudicators .
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At the time this act was being enacted ,therewas a considerable increase in Industrial unrestowing to the stress of post war industrial re
adjustment. Many provisions of the Rule, particularly those
relating to the public utility services , wereincorporated in the new legislation.
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There are 14 amendments in total made tillnow which are as follows ;
Amendments took place in the following years;
1949,50,51,52,53,54,56,
1964,65
1971,72
Most importantly 1982
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Any dispute or difference between:
Employer & Employer
Employer & Workmen
Workmen & Workmen.
Any employer discharge, dismiss, retrenches or
terminates the service of an individualworkman.
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A cessation of work by a employ in any industryacting in combination or a concerted refusal
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Closing of a place of employment orsuspension of work or the refusal by anemployer to continue to employ any number of
person employed by him.
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Any person employed in any industry to doany manual unskilled, skilled, technical,operational, clerical or supervisory work.
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The failure, refusal, or inability of an employeron account of shortage of raw material or theaccumulation of stocks or the breakdown of
machinery or natural calamity or any otherconnected reason to give employment toworkman whose name is borne on the musterrolls of his industrial establishment and who
has not been retrenched
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A settlement arrived at in the course of aconciliation proceeding & includes a writtenagreement between the employer and
workmen.
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The authorities for prevention or settlement ofdisputes under the acts include:
Grievance Settlement Authority
Work Committee Conciliation Officer
Court Of Inquiry etc.
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A grievance settlement authority for thesettlement of industrial disputes connectedwith an individual workman employed in the
establishment. This authority follow prescribed procedure and
to complete the proceeding with in specifictime.
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Work committee in any industrialestablishment in which on hundred or moreworkmen are employed.
The number or workmen representative is notless than number of employer representative.
It promote measure of securing and goodrelations between the employer and workmen
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A conciliation officer may be appointed for aspecified area or for specified industries eitherpermanent or for limited period.
He is required to investigate the dispute and allmatter affecting its merit for promoting a rightsettlement
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It may consist of 1 individual person only ormore person but where it consists of two ormore person, one of them is to be appointed as
chairman. Court of inquiry is required to inquire into the
matter referred to it and report to appropriategovt. ordinarily within a period of 6 months
from the commencement of its inquiry.
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A person employed in public utility servicemust not go on strike in breach of contract:
I. Without giving to the employer a notice of
strike within six week before strikingII. Within fourteen days of such notice
III. Before the expiry of the date of strike specifiedin the notice
IV. During the pendency of conciliationproceedings before a conciliation officer andseven days after the conclusion of suchproceedings.
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If it is commencement or declared incontravention of the provisions relating togeneral prohibitions of strikes or lock-outs.
If it is continued in contravention of an ordermade under Sub-sec(3) of Sec 10 which saysWhere an industrial dispute has been referredto a board, Labour court etc.
If it is continued in contravention of and ordermade under Sub-sec (4) of sec 10A which readswhere an disputes has been referred toarbitration and a notification has been issued
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Notice of Change
Protection of Persons
Cognizance of Offences etc.
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The provisions relating to unfair labor practices were inserted by an amending
act of 1982. This states certain practices on the part of employers or workmen
or trade unions which are considered unfair as per the Industrial DisputesAct,1947.
BY EMPLOYERS ASSOCIATIONS
To interfere with, restrain from, or coerce , workmen in exercise of their right to
organize, form, join or assist a trade union or to engage in concerted activitiesfor the purpose of collective bargaining or other mutual aid or protection.
To dominate, interfere with or contribute support, financial or otherwise, to any
particular trade union. This could be done if the employer takes active interest
in organizing a trade union of his workmen or being partial and granting specialfavors to several unregistered trade unions.
To encourage or discourage membership in any trade union by discriminating
against workmen.
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To discharge or dismiss workmen by way of victimization, for patently false
reasons, on untrue allegations of absence from work without leave or for
misconduct of minor technical character.
To show favoritism to a particular set of workers regardless of merit.
Failure to implement reward, settlement or agreement.
To indulge in acts of force or violence.
To refuse to bargain collectively, in good faith with the recognized trade
unions.
Proposing or continuing a lock-out deemed to be illegal in this act.
To insist upon individual workmen, who are on a legal strike, to sign a good
conduct bond as a precondition to allow them to resume work.
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BY WORKMEN AND TRADE UNIONS OF WORKMEN
To advice or actively support or instigate any illegal strike.
To coerce workmen in the exercise of their right to join a trade union or
refrain from joining any trade union.
To refuse to bargain collectively with the employer.
To stage, encourage or instigate coercive actions such as willful go slow,
gherao etc.
To demonstrate at the residences of the employer or the managerial staff.
To incite or indulge in willful damage to employers property connected
with the industry.
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THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946
The main objective of the act is to regulate industrial relations and tosecure a speedier settlement of industrial disputes.
The act requires employers to constitute Joint Committees as a direct and
continuous link between employers and employees.
Labor Courts, Wage Boards and Industrial Courts are the adjudication
authorities.
Industrial Courts are the appellate authority. Labor Courts deal with thedisputes relating to standing orders and Wage Boards function under the
supervision of Industrial Courts.
Labor officers and Conciliators are also appointed to promote harmonious
relations between parties and also for speedy settlement of disputes. 30
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THE U.P INDUSTRIAL DISPUTES ACT, 1947
The act provide for the prevention of strikes and lock-outs and for the
settlement of disputes and other matters. The act empowers the stategovernment to issue orders in respect of the following matters :-
i. Prohibiting strikes and lock-outs in connection with industrial disputes.
ii. Appointing industrial courts.
iii. Referring any industrial dispute for conciliation or adjudication.iv. Regulating or controlling the working of any public utility service.
It provides for adjudication of disputes by a Tribunal consisting at leastthree persons (instead of only one in IDA,1947 ).
It also empowers the government to refer an award of labor court ortribunal for reconsideration before publication.
It further provides that settlement arrived between employer and employee
should be registered under the act. 31
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THE M.P INDUSTRIAL RELATIONS ACT.1960
The act is to regulate the relations among employers and workmen and to
make provisions for the settlement of industrial disputes and other related
matters.
It provides for the constitution of Joint Committees, Labor Officers, Labor
Courts, Board of Arbitration, Industrial Courts, Courts of inquiry generallyon the lines of the Bombay Industrial Relations Act,1946.
It deals with recognition of trade unions and employers associations,
strikes and lock-outs and also protection to the employees.
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The IDA,1947 has been a significant piece of regulative labor legislation
reflecting the nature of governmental policies. The provisions of the acthave its implications in various areas of industrial relations such as
disputes, unfair labor practices, strikes, lock-outs, lay-offs, retrenchment
and closure, collective bargaining, standing orders, redressal of grievances
etc.
However, certain loopholes in the act have been experienced during thecourse of working, which are as follows :-
Extensive government intervention in the field of Industrial relations has
been observed, be it strengthening the role of conciliation authorities,
referring industrial disputes to adjudication authorities, declaration ofstrikes and lock-outs as illegal, implementation of awards and settlements
etc. the decisions of the government are influenced by the political party in
power.
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Frequent violations of provisions relating to strikes and lock-outs have
been conducted because of the complex procedures involved in deciding
the cases of violation and difficulties in establishing the participation of
workmen in illegal strikes.
Undue protection to individual workmen is provided regarding matters of
discharge, dismissal, retrenchment and termination has encouraged
perpetuation of indiscipline in the industry.
The list of unfair labor practices for employers and trade unions is too
much exhaustive.
Employees and Employers both have been vigorously opposing the
provisions relating to lay-offs, retrenchment and closure.
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