24202203 Industrial Disputes Act 1947
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Transcript of 24202203 Industrial Disputes Act 1947
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INDUSTRIAL DISPUTES ACT1947
OBJECTIVES - Promotion of measures ofsecuring, preserving Industrialharmony
Settlement of disputes between
Employer WorkmanEmployer - Employer
Workman - Workman
Rights of Registered Trade Union Prevention of illegal- Strike;Lockout
Promotion of collective bargaining
[Dimakuchi Tea Estate, In re:]
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INDUSTRY
Business, Trade, Undertaking,handicraft, avocation
Calling of employers
Bangalore Water Supply; In re :
SC enunciated three tests:-1. Systematic activity
2. Cooperation betweenemployer/employee [decisive test]
3. Production/distribution of goodscalculated to satisfy human acts
ExceptionCelestial bliss [making oflarge scaleprasad]
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INDUSTRIAL DISPUTE
Any dispute or difference between Employers and Employers
Employees and Workmen
Workmen and Workman Disputes may be connected with
Employment/Non employment
Terms of employment
Conditions of labour
[demand has to be made by workmen]
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WORKMAN
Any person employed for any Industryfor
Manual dismissedSkilled includes discharged
Unskilled retrenched
Technical, operationalClerical/supervisory
(upto Rs. 1,600/-)
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STRIKE & LOCKOUT
STRIKE LOCK OUT
Cessation of work
by a bodyof
persons[workman]
Concerted refusal
to work Duration & Time
of Strike -
immaterial
Temporary
closing of place
of employment
Refusal by
employer tocontinue to
employ
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LAY OFF RETRENCHMENT
Failure by employer
to provide
employment within 2
hours of presentinghimself for work
Condition -
50% wages
Termination of service
by employer for any
reason
ExceptionsDisciplinary dismissal,
Superannuation, VRS
Conditions
3 months` Notice
Period or Pay
Prior approval of Govt.
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INDUSTRIAL DISPUTE RESOLUTION
MECHANISM
Works Committee
Conciliation officer
IndustrialUndertaking
CG/State Govt.
Board
Labour court
Tribunal
Arbitral Tribunal AWARD
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UNFAIR LABOUR PRACTICES
Schedule VBY EMPLOYERS
1. To interfere with, threaten, restrain
from or coerce workmen, officebearers of TU in their rights to
organise join assist Trade
Union/Collective bargaining
2. Grating wage increment at crucial
periods to undermine TU
3. To dominate, interfere or contribute
support, financial or otherwise any TU
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Unfair Labour Practices
4. To establish employer sponsored TU
5. To encourage discourage membership of
any particular TU
6. To refuse promotion, refuse seniority,
refuse increment/promotion, discharge
or dismiss any worker taking part in
any TU activity or as victimisation
7. To abolish regular nature of workreplacing by contractual, recruit
workers to break a strike
8. To refuse collective bargaining
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Unfair Labour Practices
BY EMPLOYEES/TRADE UNION
1. To advise or actively support or
instigate deemed illegal strike
2. To indulge in violation, coerce
workmen, picketing by physically
debarring non-striking workmen
from working
3. To refuse to bargain collectively
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Unfair Labour Practices
4. To refuse or use coercion against
certification of bargaining
representative
5. To gherao, stage dharnaat the
residence of employers or managerialpersonnel
6. To incite or indulge in willful damage
employer`s property7. To hold out threats of intimidation
against any workman to prevent him
from attending work