INDUSTRIAL DISPUTES ACT

INDUSTRIAL DISPUTES ACT:

INDUSTRIAL DISPUTES ACT Presented by Nirupam saha (19)

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It was enacted for: The investigation and settlement of Industrial disputes. It was enacted on the 11 th Mar 1947. The act came into force on 1 st April 1947. The act was amended in 1976,2002,2009,2010 This act has been amended also by state governments many a times.

Important Definitions:

Important Definitions “Industry” means any systematic activity carried on by co-operation between his employer and his workmen for production, supply or distribution of goods or services with the view to satisfy human wants or wishes . Whether any capital has been invested or not. Such activity is being done with a profit motive. “Industrial dispute” means any dispute or difference between employers and workmen, or between workmen and workmen, which is connected with employment and non-employment or terms of employment or with the conditions of labor of any person.

Contd……..:

Contd …….. “Workman” means any person (including an apprentince ) Employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward. “Wages” means all remunerations capable 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 work done in such employment.

Contd.:

Contd. “ Strike” means a cessation of work by a body of persons employed in an industry. “Closure” means closing down of a place of employment. “Lockout” means the temporary clousing down of a place of employment or suspension of work. “Lay-off” means the failure, refusal, or inability or an employer on account of shortage or coal, power or raw materials or the accumulation of stock or breakdown of machinary to give employment to a worker whose name is borne on the muster rolls of the industry.

Prohibition of strikes and lock-outs. :

Prohibition of strikes and lock-outs . According to SEC 22 (1) No person employed with a public utility service shall go on strike in breach of contract – Without giving the employer notice of strike, within six weeks before the strike. Before the expiry of date of strike specified in such notice. According to SEC 23; No employee of any industrial establishment shall go on strike during the period when proceedings in any disputes case is going on or when final judgment is awaited .

Authorities under this act:

Authorities under this act Works committee Established under SEC. 3 of the act. Established in factories employing 100 or more. Committee will consist of equal number of representatives of employer and employee. Conciliation officer Established under SEC. 4 of the act. His job is to arrive at a solution acceptable to both the parties.

Contd.:

Contd. Board of conciliation A case is referred to it incase a conciliation officer is unable to find an amicable settlement. The board consist of a chairman and two or four other members as the government thinks fit. Parties to the dispute should be equally represented. If any party fails to represent itself, the government shall take it upon itself to find a proper person or persons to represent the other party.

Labor courts:

Labor courts “Labor courts” are established by state or central governments under SEC. 7 of this act. They are presided over by an “Presiding Officer.” A P.O should either be a judge or has been a judge of a High Court. Has been a DM for not than six years. Has held a post in any judicial office of India for not less than six years. Has been a P.O in any Labor court established under any State act for not less than five years.

Tribunals:

Tribunals “Industrial Tribunals” can be set up by the government under SEC. 7A of the act. A person can be the P.O of a tribunal if; He is or has been a judge of the high court. Has been a DM or ADM for not less than 3 years. If the government thinks fit, it can appoint at least 2 persons as his advisors. A National Tribunal is the set up by the central government.

Notice of change.:

Notice of change. According to SEC 9A; No employer can effect any change in the condition of service applicable to any work man. With out giving a notice to the workman who is likely to be affected by the proposed change. The notice should be given 21 days prior to iniciating the proposed changes.

Reference of disputes:

Reference of disputes According to SEC 10 (1) of the act Appropriate government can refer any dispute to Board of conciliation, Labor court or Industrial Tribunals. The order stating the referral should be in writing. This can be done only if a dispute is categoriesed as an industrial dispute and does not affect more than 100 workers.

Rights of worker laid off:

Rights of worker laid off Any worker laid off can claim compensation except casual workers; He should be paid for the duration for which he has been laid off and the duration does not include public holidays The compensation should be equal to 50% of the basic wages and DA, that would be paid to him if he were not to laid off. However a workman will not be entitled to compensation after the first 45 days of lay-off if such an aggrement exists between him and the emloyer .

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