Industrial dispute act. 1947

Industrial Dispute Act. 1947

Presented by-

Ankit MathurHemant GaurRajan ChhanganiShubham Jain

JIET Group of Institutions Jodhpur

INDUSTRIAL

DISPUTE

ACT. 1947

Contents Definition

Sections and Subsections

Types of Industrial Dispute Act.

Causes of Industrial Dispute Act.

Authorities Under the Act.

Strike

Lock-out

What is Industrial Dispute Act?

Definition of Industrial Dispute falls easily into three parts

There must be a dispute or differences;

The dispute or difference must be between employers and employers, or between employers and workmen, or between workmen and workmen;

The dispute or difference must be connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person.

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2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Appropriate Government [section 2(a)]– means the Central Government in relation to :-

Any industry carried-on: By or under the authority of the central government, or By a railway company, or Concerning any such controlled industry as may be specified in this

behalf by the central government.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Average pay [section 2(aaa)]- “Average Pay” means the average of monthly paid workman:

In the case of monthly paid workman, in the three complete calendar months;

In the case of weekly paid, workman, in the four complete weeks; In the case of daily paid workman, in the twelve full working days.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Award [Section 2(b)]- “Award” means an interim or a final determination of any Industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or Nation Industrial Tribunal and includes an arbitration award made under Section 10-A

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Board [Section 2(c)]- “Board” means a Board of Conciliation constituted under the Act.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Closure [Section 2(cc)]- “Closure” as the permanent closing down of a place of employment or thereof.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Conciliation Officer [Section 2(d)]- “Conciliation Officer” means a Conciliation Officer appointed under the Act.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Conciliation Proceeding [Section 2(e)]- “Conciliation Proceeding” means any proceeding held by a

Conciliation Officer or Board of Conciliation under the Act.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Court [Section 2(f)]- “Court” means a Court of Inquiry constituted under the Act.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Employer [Section 2(g)]- “Employer” means in relation to an industry:

Carried-on by or under the authority of any department of the Central Government or a State Government, the authority prescribed in this behalf; or where no authority is prescribed, the head of the department;

Carried-on by or on behalf of a local authority, the chief executive office of that authority.

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Wages [Section 2(rr)]- “Wages” means a remuneration payable to workman in respect of his employment being expressed in terms of money, and includes:

Allowances Value of house accommodation Any travelling concession Any commission payable on the promotion of sales or business or

both

2(a) 2(aaa) 2(b)

2(cc) 2(d) 2(e)

2(f) 2(g) 2(s)

2(c)

2(rr)

Workmen [Section 2(s)]- “Workman” means any person employed in any industrial establishment to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied.

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Types of Industrial Disputes

INTEREST DISPUTES

RIGHTS DISPUTES

RECOGNITION DISPUTES

DISPUTES OVER UNFAIR LABOUR

PRACTICESWhatishumanresource.com

Causes of Industrial DisputesECONOMIC FACTORS

NON-ECONOMIC FACTORS

MANAGEMENT PRACTICES

TRADE UNION PRACTICES

LEGAL AND POLITICAL FACTORS

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Authorities Under the Act.

Works Committee (Section 3)

Conciliation Officer (Section 4)

Board of Conciliation (Section 5)

Court of Inquiry (Section 6)

Labour Courts (Section 7)

Industrial Tribunal (Section 7-A)

National Tribunal (Section 7-B)Advocatekhoj.com

Strike [ section 2(q) ] A strike is a spontaneous and concerted withdrawal of labour

from production temporarily.

A collective stoppage of work by a group of workers for pressuring their employers to accept certain demands.

According to section 2(q) ,ʺstrike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal under a common understanding of a number of persons who are or have been so employs to continue to work or to accept employmentʺ

We Want Justice StrikeStrike

Lock-Out [ section 2(i) ] ʺLock-out means the temporary closing of a place of employment or he suspension of work, or the refusal by an employer to continue to employ any number of person employed by himʺ

“Law and order exist for the purpose of establishing Justice and when they fail in this purpose they become the dangerously structured dams that block the flow of Social progress.”

Martin Luther King, Jr.