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overview of Industrial dispute act
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Industrial Dispute Act
1947
Introduction• Industry:
means any systematic activity carried on by co-operation between an employer and his workmen for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes.
• Dispute: To question the truth or validity of, a
disagreement , a debate.
Does not include* Any Agricultural Operation * Hospitals* Educational, research or training institutions* Institutions owned or managed by organisations
managing charitable or social service* Khadi or Village industries* Sovereign Functions of the Government* any activity being a profession practised by an
individual or body of individuals(less than 10)
Industrial Dispute Act, 1947
• Under Section 2 (k)o It means “any dispute or difference between employers and employers,o employers and workmen, oro workmen and which is connected with- the employment or non-employment the terms of employment, or with the conditions of labour, of any person.
History
• Employers’ and Workmen’s Disputes Act, 1860
• Trade Disputes Act, 1929• Rule 81-A (Defense of India Rules)• Industrial Dispute Act, 1st April - 1947
Objective
• To ensure fare terms to the workmen
• To prevent dispute between employers and employees
Classification of Industrial Disputes
Industrial Dispute
Interest Dispute
Grievance/Rights Dispute
Unfair Labor Practices
Recognition Dispute
Interest Dispute:• It arise out of deadlocks in the negotiations
for a collective agreement.• They relate to the determination of new
terms and conditions of employment for general body of worker.
• Originates from the demand of improvement in wages, job security, fringe benefits, etc.
Grievance / Rights Disputes:
• It’s a protest against an act of management that is considered to violate the rights of workmen.
• Discipline and dismissal, working time, over-time, rights of supervisor
Unfair Labor Practice:• Discrimination on grounds that workers
are trade union members, participated in trade union activity.
• To interfere, restraint the workers when they exercise their rights to organize, join or assist a union, refusal to bargain collectively.
Recognition Dispute:
• When the employer’s organization refuses to recognize a trade union for the purpose of collective bargaining.
Strike• a cessation of work by a body of
persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment.
STRIKES
Primary Strikes
Stay Away
i) Sit Downii) Stay-iniii) Tool-down
Token Or Protest
Lighting
Picketing & Boycott
Gherao
Secondary Strikes
Sympathy
Others
1. General2. Particular3. Political4. Bandhs
Types of Strikes• Primary Strikes: Are aimed against the employer
with whom the dispute exists.
Stay Away Sit Down Stay-in Tool-down Token Or Protest Lightening Picketing & Boycott Gherao
Secondary Strikes
In which the pressure is applied not against the primary employer with whom the primary workers have a dispute but against some third person who has good trade relations with him.
Types of Strikes
LockoutLockout means –• Closing of a place of employment or• Suspension of work or • Refusal by an employer to employ any
number of persons employed by him.• Lock-out is legitimate weapon in the
hands of the employer for forcing the workers to accept his demands & to withdraw the demands made by them.
Strikes v/s Lock-Out
By workmanRefusal to work or accept employment.
Under common understanding or acting in concert.
By employer
Temporary closure
Refusal to continue to employ the person
employed
PenaltyIllegal strike:- imprisonment for one month or fine of Rs.50 or both.
Illegal Lock-out:- imprisonment for one month or fine of one thousand rupees or both.
LayoffMeans the failure, refusal or inability of an employer on account of shortage of
Coal, power or raw materials or Breakdown of machinery Or natural calamity or for any
other reason
Badli Workman• If the workman is a “Badli” workman
or a casual workman, he would fall outside the ambit of Section 25C.
• However, if a “badli” workman has completed 1 year of continuous service in the industrial establishment, he will be treated as a permanent workman for all purposes
RetrenchmentThe termination by the employer of the service of a workman for any reason whatsoever,otherwise than as a punishment inflicted by way of disciplinary action, but does not include –
• Voluntary retirement of the workman• Retirement of the workman on reaching the age of
superannuating.• Termination of the service of a workman on the ground of
continued ill-health
Conciliation Officers
Boards Of Conciliation
Court Of Inquiry
Tribunals
National Tribunals
Authorities
Conciliation Officers• The appropriate Government may, by notification in
the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers,
• Charged with the duty of mediating in and promoting the settlement of industrial disputes.
• A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.
*Board of Conciliation
* A Board shall consist of a chairman and 2 or 4 other members, as the appropriate Government thinks fit.
* The chairman shall be an independent person
* And the other members shall be persons appointed in equal numbers to represent the parties to the dispute.
* A Board, may act in spite the absence of the chairman or any of its members or any vacancy in its number
*Provided that if the appropriate Government notifies the Board that the services of* The chairman or* Any other member have ceased to be
available the Board shall not act until a new chairman or member, as the case may be, has been appointed.
*Cont…..
* A Court may consist of: * One independent person or * Of such number of independent persons as the appropriate Government may think fit
* And where a Court consists of two or more members, one of them shall be appointed as the chairman.* The chairman have ceased to be available* The Court shall not act until a new chairman has been appointed.
*Court Of Inquiry
* He is an Officer in Indian Legal Service in Grade III with 3yrs experience in it.* He is or had been a Deputy Chief Labour
Commissioner (Central) or Joint Commissioner of State Labour Dept has*A Degree in Law*At least 7 yrs experience in Labour Dept including *3 yrs as a Conciliation Officer
Tribunal
*National Tribunal
* The Central Government may, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, * involve questions of national importance or * Are of nature that more than one State are likely to be interested in, or affected by, such disputes.
• A National Tribunal shall consist of one person only to be appointed by the Central Government.
• A person shall not be qualified for appointment as the presiding officer of a National Tribunal unless he is, or has been, a Judge of a High Court
• The Central Government may, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
*Cont…..
*AMENDMENT ACT, 2010 – SALIENT FEATURES
* Definition of ‘Appropriate Govt. amended.* Direct access to the workman to the Labour
Court or Industrial Tribunal in case of disputes arising out of Section-2 A of the Act.* Empowering Labour Court or Tribunal to execute
Awards, Orders of Settlements arrived at by Labour Court or Industrial Tribunals.* Expanding the scope of qualifications of
Presiding Officers of Labour Courts or Tribunals.
* Establishment of Grievance Redressed Machinery in every industrial establishment employing 20 or more workmen for the resolution of disputes arising out of individual grievances.
* The Amendments have been brought into force w.e.f. 15.09.2010
*Cont…..
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