Industrial Dispute Act, 1947 |
The Industrial Disputes Act, 1947 is a legislation enacted by the Parliament of India to provide a mechanism for the settlement of industrial disputes in the country. The Act applies to all industries and establishments carrying on any trade, business, or service, whether or not they are registered under any law.
The main objective of the Act is to ensure that workers are given fair wages, working conditions, and other benefits, and to prevent industrial disputes from escalating into strikes and lockouts. The Act also provides for the establishment of various authorities, such as conciliation officers, boards of conciliation, courts of inquiry, and industrial tribunals, to facilitate the settlement of disputes between employers and employees.
The Act defines the term "industrial dispute" as any dispute or difference between employers and employees, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person.
The Act also provides for the recognition of trade unions and their registration, and it lays down the procedure for the conduct of strikes and lockouts. The Act further empowers the appropriate government to make rules for the prevention and settlement of industrial disputes.
Overall, the Industrial Disputes Act, 1947 is an important piece of legislation that has played a key role in ensuring harmonious industrial relations in India.
1. Industrial Dispute Act came into force : 1st April 1947
2. The Industrial Dispute Act was enacted by the Central Legislative Assembly.
3. It Extends to : Whole of India.(including J&K)
4. There are, in total, 7 Chapters, 40 Sections and 5 Schedules in Industrial Dispute Act.
5. The Industrial Dispute Act is replaced by the Industrial Relations Code, 2020.
6. The applicability of the Industrial Dispute Act does not depend upon the number of employees employed in the Industry.
Objectives of the Act:
1. To make provisions for the investigation and settlement of industrial disputes.
2. To secure amity and good relations between employer and workmen.
3. To investigate and settle industrial disputes.
4. To have a right of representation by trade unions.
5. To prevent illegal strikes and lockouts.
6. To provide relief to workmen for lay-off and retrenchment.
7. To promote the collective bargaining system.
Definitions:
Description | Section | Definition |
Average Pay | Section 2 (aaa) | Average pay means the average of the wages payable to the workman. |
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 or Tribunal and includes an arbitration award made under Section 10A. |
Industry |
Section 2(j) | Industry means any business, trade, undertaking, manufacture or calling of employers and includes any calling service, employment, handicraft or industrial occupation or avocation of workmen. i.e. Dock Labour Board, Hospitals, Charitable Institution with commerce activities, Universities, Research Institutions. |
Workmen | Section 2(s) |
Any person (Including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical. engineering or supervisory work for hire or reward.
Note: Works manager, Supervisor drawing wages exceeding 12,000 per month, Teacher, Employee of prison, college lecturer, soldier serving in the Indian Army are not considered as Workmen under this Act.
Part time employee, Development officer in LIC, Teller in a Bank are Workmen. |
Industrial Dispute | Section 2(k) |
Industrial Dispute means dispute between :
Employers and employers, or
Employers and workmen, or
Workmen and Workmen |
Lay-off | Section 2 (kkk) | Lay-off is a temporary stoppage of work.Lay-off means the failure, refusal or inability of employer on account of : a) Shortage of coal, power or raw materials or b) Accumulation of stocks or c) Breakdown of machinery or d) Natural calamity. |
Lock-out | Section 2(I) | Lock-out means temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him. |
Strike | Section 2(q) |
Strike, means a cessation of work by a body of persons employed in any industry.
Types of strike:
1. Stay-in, sit-down, pen-down or tool-down strike: In such strikes, the workmen after taking their seats refuse to do work, also known as primary strikes.
2. Go-slow: Go-slow does not amount to strike, but it is a serious case of misconduct. It is not a legitimate weapon in the armour of labour.
3. Sympathetic Strike: Cessation of work in support of the demands of workmen belonging to other employers is called a sympathetic strike.
4. Hunger Strike: Some workers may resort to fast on or near the place of work or residence of the employer.
5. Work-to-rule: Since there is no cessation of work, it does not constitute a strike. |
Settlement | Section 2(p) | A settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen, where such agreement has been signed by the parties in prescribed manner and a copy thereof has been sent to authorised officer of the Appropriate Government and the conciliation officer. |
Wages | Section 2(rr) |
Wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment.
(i). Conveyance Allowance and turnout Allowances are wages.
(ii) House Rent Allowance is wage
(iii) Incentive bonus does not fall under wages.
(iv) Night shift allowance is not part of wages.
(v) Car allowance and phone and newspaper are part of wages. |
Retrenchment | Section 2 (oo) | Retrenchment means the 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. It is on account of surplus labour. In case of retrenchment workers are paid prescribed compensation. |
Works Committee | Section 3 | Appropriate Government may order the employer to constitute a works committee, where 100 or more workmen are employed. |
Conciliation Officer | Section 4 |
The Appropriate Government may appoint a Conciliation Officer as it thinks fit for mediating and promoting the settlement of industrial disputes. It can be appointed for either permanent or limited period.
Duties of Conciliation Officers are mentioned in Section 12 of the Act. |
Board of Conciliation | Section 5 | Appropriate Government may constitute this board for promoting the settlement of industrial disputes. Consist of a Chairman and 2 or 4 members as Appropriate Government thinks fit. |
Court of Enquiry | Section 6 |
(1) The appropriate Government may as occasion arise by notification in the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.
(2) 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.
(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number:
Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to be available, the Court shall not act until a new chairman has been appointed. |
Labour Courts | Section 7 | Matters within the jurisdiction of Labour Courts [ Schedule II] |
Tribunals | Section 7A | Matters within the jurisdiction of Industrial Tribunals [ Schedule III] |
National Tribunals | Section 7B |
Prohibition of strikes & Lock-outs in public utility service [ Section 22]:
Note: Employer in a public utility service shall not go on strike in breach of contract,
a. Without giving to the employer notice of strike/lock-ot, within 6 weeks.
b. Within 14 days of giving such notice.
c. Before expiry of the date of strike/lock-out specified in any such notice.
d. During the pendency of any conciliation proceedings before a conciliation officer and 7 days after the conciliation proceedings. |
Misc. Points for examination perspectives:
1. When strike is complying with the provisions of Section 22,23 & other provisions of The Industrial Dispute Act, it is called legal strike.
2. An employer can dismiss a workman who has participated in an illegal strike on grounds of misconduct.
3. The first enactment dealing with the settlement of the Industrial Dispute Act was: The Employers and Workmen’s Dispute Act, 1860.
4. Objectives of the Industrial Dispute Act are laid down by the Supreme Court in : Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate.
5. Award Means an interim final determination of any industrial dispute by any labour court or Tribunal.
6. Before the Industrial Dispute Act, the industrial disputes were handled by the Trade Union Act, 1929.
7. The bill passing rule 81A has made two new institutions for the prevention and settlement of industrial disputes, i.e. Work Committees and Industrial Tribunal.
8. Settlement machinery that the Central Government refer for disputes under rule 81 - A is Adjudicator
9. The Powers have been given to Appropriate Government to require Works Committee to be constituted in every industrial establishment employing 100 workmen or more.
10. Permanent settlement machinery has been mentioned in the act accountable for the speedy and amicable settlement of industrial disputes : Conciliation
For detailed Act, by Ministry of Labour, Government of India, Click Here
More Important Links, Click below to Proceed |
FR SR Service Rules Introduction | FR SR Service Rules One Liners |
GPF (General Provident Fund) & CPF ( Contributory Provident Fund) - One Liners | GPF (General Provident Fund) Rules, 1960 & CPF ( Contributory Provident Fund) |
CCS (CCA) Rules, 1965 | CCS (CCA) Rules, 1965 - One liners |
CCS Conduct Rules, 1964 | CCS Conduct Rules, 1964 - One liners |
PREVIOUS YEARS QUESTION PAPERS , JNU RECRUITMENT - NON TEACHING - JNU NTA - 2023 | University Statutes - JNU NTA Recruitment |
University Administration JNU (JAWAHARLAL NEHRU UNIVERSITY) - University ACT | Industrial Dispute Act 1947 - Industrial Relations & Labour Laws |
CCS Pension Rules, 1972 | CCS Pension Rules, 1972 , Pension and Retirement benefits - One Liners |
Pensions Retirement & Superannuation and Retirement & Superannuation Benefits for Central Government Employees
| Fundamental Rules & Supplementary Rules (FR&SR) MCQ - Quiz-1 |
Sexual Harassment of women at workplace ( Prevention, Prohibitin and Redressal) Act, 2013 | The Factories Act , 1948 |
CCS (Leave) Rules 1972 (CENTRAL CIVIL SERVICES) | CCS (Leave) Rules 1972 - One Liners |
CCS (Joining Time) Rules 1979 |
|
