THE INDUSTRIAL DISPUTE ACT 1947

OBJECTIVES OF THE ACT

Promotion of measures for securing and preserving amity and good relations between the employees and the workman.

An investigation and settlement of industrial disputes between employers – employers, or employers – workmen, or workmen – workmen with a right of representation by trade unions.

Prevention of illegal strikes and lock outs. Relief to workmen in the matter of lay-off and retrenchment. To promote collective bargaining.

DEFINITIONS

1.Appropriate government [sec.2(a)]

Appropriate government means the central government. it means that state government in relation to any other industrial dispute.

2.Average pay[sec.2 (a)]

“average pay” means the average of the wages payable to a workman.

3.Employer [sec. 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. where no authority is prescribed, the head of the department.

4.Industry [sec.2(j)]

industry means any systematic activity carried on by cooperation 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.

5.Industrial dispute [sec. 2(k)]

industrial dispute means any dispute , or difference between employers – employers, or employers – workmen, or workmen – workmen, which is connected with employment or non employment or the terms of employment or with the conditions of labour of any person.

AUTHORITIES UNDER THIS ACT

1.Works committee[section 3]

2.Conciliation officers[section 4]

3.Board of conciliation[sec .5]

4.Courts of inquiry[sec.6]

5.Labour courts

6.Industrial Tribunals[section 7-A]

7.National tribunals[sec.7-B]

8.Grievance settlement authorities

WORKS COMMITTEE

Where? : establishments with 100 or more workers [Sec.3(1) &(2)]

Members : Equal number of representatives of the Employer and Employees [Sec.3(1) & Rule 40]

Objective : promotion of good relationship between employer and employee(s)

CONCILIATION OFFICERS

Appointed by appropriate Government

Nature : 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.

Duties :

When a strike/lockout notice is issued in a public utility service, he is bound to convene immediate conciliation meeting. [Sec.12(1) and Rule 9(1)]

If he succeeds in bringing out an understanding he gets the parties to sign a settlement in Form H (Rule 58(1)] and make necessary entries in the register in Form O and sent a copy to the Govt. [Sec.12(3) and Rules 58(1)(3) & 75]

If he fails to brings about a settlement, he has to bring the fact to the attention of the Govt. [Sec.12(4)]

Powers of conciliation officer:

Enter and inspect [Sec 11(1)]

Summon any person as witness or compel the production of document [Sec.11(4) and Rule 17]

Grant/refuse to petition filed by employer on disciplinary matters during pendency of conciliation before him.

BOARDS OF CONCILIATION

Appointed by the appropriate Govt. as occasion arises for settlement of disputes.

Board shall consist of an independent chairman and two or four members in equal numbers to represent the parties to the dispute.

The board can't work in the absence of the Chairmen or any member.

COURTS OF INQUIRY

Appointed by the appropriate Govt. as occasion arises for settlement of disputes.

Board shall consist of an independent person or independent persons as the appropriate government may think fit. Where a court consists of two or more members, one of them shall be appointed as the Chairman.

The board can't work in the absence of the Chairmen or any member.

LABOUR COURT

Constituted by the appropriate government for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.

Consist of one person only with the required qualification to be appointed by the appropriate government

TRIBUNALS

Consist of one person with the required qualification to be appointed by the appropriate government. If required, Govt. may appoint 2 persons as assessors to advice in Tribunal.

NATIONAL TRIBUNAL

Constitute by the Central Govt. for the adjudication of industrial disputes which involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in.

Consist of one person with the required qualification to be appointed by the appropriate government. If required, Govt. may appoint 2 persons as assessors to advice in Tribunal.

8.GRIEVANCE SETTLEMENT AUTHORITIES

It should be constituted in every industrial establishment in which fifty or more workmen are employed.

DUTIES OF VARIOUS AUTHORITIES

a)Duties of work committee

The duties of the Works Committee are to promote measures for securing and preserving amity and good relations between the employers and workmen and to comment upon matters of their interest or concern and to endeavour to compose any material difference of opinion in respect of matters of common intents or concern of employers and workmen.

b)Duties of conciliation officer

(1) where any industrial dispute exists or is apprehended, the Conciliation Officer, shall hold conciliation proceedings. He will interview both the workmen concerned with the dispute and endeavor to bring about a settlement.

(2) The conciliation Officer shall, for the purpose of bringing about a settlement of the dispute, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair

and amicable settlement of the dispute. .

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Conciliation Officer shall send a report thereof to the settlement singed by the parties to dispute. .

(4) If no such settlement is arrived at, the Conciliation Officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) The report must be submitted within 14 days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: provided that, subject to the approval of the Conciliation Officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.

(6). If, on a consideration of the report in respect of failure of settlement, the appropriate Government is satisfied that there is a case for reference to Board, Labour Court, Tribunal or National Tribunal, it may make such reference. Where the Government does not make such a reference, it shall record and communicate to the parties concerned it's reasons thereof

c)Duties of board of conciliation

Conciliation Officer has to endeavor to bring about a settlement of a dispute referred to him and to do anything to induce the parties to come to a fair and amicable settlement. Where a settlement is reached a similar report and a memorandum of settlement have to be submitted to the appropriate Government.

d)Duties of Courts of Inquiry (Sec. 14)

The Court of Inquiry of shall inquire into the matters referred to it and the report of Inquiry thereon be presented before the appropriate Government; ordinarily within a period of 6 months from the commencement of inquiry. The report of the Court of Inquiry shall be in writing and be signed by all the members of the Court, provided that a member may record a minutes of dissent also.

e)Duties of Labour Court (Sec. 15) Where an industrial dispute has been referred to Labour-Court, for adjudication,

it shall hold its adjudication expeditiously and shall, submit its award to the appropriate Government. The award of Labour Court shall be in writing and be signed by its Presiding Officer (Sec.16)

STRIKES AND LOCKOUTS

Strike is collective stoppage of work by workmen undertaken in order to bring pressure upon the employer. It is a spontaneous and concerted withdrawal of workmen from production. A strike in usually organized by common agreement on the part of the workers with a view to obtaining or resisting change to their conditions of work.

Lockout is a weapon in the hands of the employer; which is used to curb the militant spirit of the workers. In Lock-out, an employer shuts down his place of business as a result of reprisal, or 2S an instrument of coercion or as a mode of exerting pressure upon the employees with a view it dictate his own terms to them.

Strikes and lockouts have now become important factors in the employer employee relations.

UNFAIR LABOUR PRACTICES

No employer or workmen or a Trade Union, whether registered under Trade Union's Act, 1926, or not, shall commit any unfair labour practice (Sec. 25-T) Any person who commits any unfair labour practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1000/- or with both.

THANKS