Dinesh IndustrialDispute Act

8/13/2019 Dinesh IndustrialDispute Act

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Presentationon

Labour laws

Topic: Industrial Disputes Act ,1947.

by:Dinesh swami


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What is industrial dispute ?

The industrial means any dispute or difference between:-

(i) Employers and employers

(ii) Employers and Workmen or

(iii) Workmen and workmen, which is connected with

(a) Employment of non-employment or

(b) Terms of employments, or

(c) The condition of labour of any person.

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Objects of the Act

1. To secure Industrial peace:

(a) By preventing and settling industrial disputes between theemployers and workmen,

(b) By securing and preserving amity and good relations between theemployers and workmen through an internal works Committee, and

(c) By promoting good relations through an external machinery ofconciliation, courts of Inquiry, labour Courts, Industrial Tribunals andNational Tribunals.

2. To ameliorate the condition of workmen in the Industry:

By redressal of grievances through a statutory machinery

By providing job security.

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Extent of the Act:

The Act extends to the whole of the India. It applies to all the

Industries whether they be carried on by private owners or by

the Govt.

The Act has been amended time to time .

The latest amendment to the Act was made in August, 1984.

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Appropriate Govt:

In relation to any industrial dispute concerning 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 or in relation to an industrial

dispute

Concerning a Dock Labour Board established under section 5A of the Dock

Workers (Regulation of employment) Act; 1948

State Insurance Corporation established under section 3 of the Employees

State Insurance Act, 1948 (34of 1948), or the Board of Trustees

constituted under section 3A of the Coal Mines Provident Fund and

Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of

Trustees and the State Boards of Trustees constituted under section

5A and section 5B, respectively,

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Appointed by theappropriate

government.

Charged with the

duty of mediatingin & promoting

the settlement ofindividualdisputes.

May beappointed for a

specified area or

industry.

Eitherpermanently or

for a limited

period.

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Chapter II

Sec.7-A

Objective is to

adjudication of the

individual disputes. Consists of:

Two persons appointed as

assessors to advise theTribunal in the proceedings.

(other provisions are same as labour courts)

Tribunals

Constituted by state

government more aperiod > 5 years .

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Chapter II

Sec.7-B

Objective is to adjudication ofindividual disputes. in questionsof National importance.

Or in case of industrialestablishments in more than onestate.

Consists of :

One person as memberappointed by centralgovernment.

Presiding officer who is/ hasbeen a Judge of a H.C.

Two persons as assessors toadvise the National Tribunal inproceedings.

National Tribunals

Constituted by

central government.

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Chapter V

Sec.22

(2) No employer carrying on anypublic utility service shall lock-outany of his workmen

(a) without giving them notice oflock-out as hereinafter provided,within six weeks before locking-out;or

(b) within fourteen days of givingsuch notice; or

(c) before the expiry of the date oflock-out specified in any suchnotice as aforesaid; or

(d) during the pendency of any

conciliation proceedings before aconciliation officer and seven daysafter the conclusion of suchproceedings.

CONTD..

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Chapter V

Sec.23

No workman who is employed inany industrial establishmentshall go on strike in breach Ofcontract and no employer of anysuch workman shall declare alock-out

(a) during the pendency ofconciliation proceedings before a

Board and 7 days after theconclusion of such proceedings;during the pendency ofproceedings before [a LabourCourt, Tribunal or National

Tribunal] and two months, afterthe conclusion of suchproceedings;

General prohibitionof strikes and lock-

outs.

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Chapter

Sec.

b) during the pendency of

arbitration proceedings

before an arbitrator andtwo months after the

conclusion of such

proceedings or during any

period in which a

settlement or award is in

operation, in respect of any

of the matters covered bythe settlement or award.

Contd..

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Chapter V

Sec.24

A strike or a lock-out shall be illegalif

(i) it is commenced or declared incontravention of section 22 orsection 23; or

(ii)it is continued in contraventionof an order made under sub-section(3) of section 10 [or sub-section (4A)of section 10A].

Where a strike or lock-out inpursuance of an industrial disputehas already commenced and is inexistence at the time of thereference of the dispute to a Board,an arbitrator, Labour Court,Tribunal or National.

Illegal strikes andlock-outs.

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Chapter V

Sec.24

Where a strike or lock-out in pursuanceof an industrial dispute has alreadycommenced and is in existence at thetime of the reference of the dispute to a

Board, an arbitrator, Labour Court,Tribunal or National Tribunal, thecontinuance of such strike or lock-outshall not be deemed to be illegal,provided that such strike or lock-out wasnot at its commencement in

contravention of the provisions of thisAct or the continuance thereof was notprohibited under sub-section (3) ofsection10 [or sub-section (4A) of section10A].

A lock-out declared in consequence of

an illegal strike or a strike declared inconsequence of an illegal lock-out shallnot be deemed to be illegal.

CONTD

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Chapter V

Sec.25

No person shall knowingly

expend or apply any money

in direct furtherance orsupport of any illegal strike

or lock-out.

Prohibition offinancial aid to

illegal strikes and

lock-outs.

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Chapter V

Sec.25

Conditions for Laying off

Failure, refusal or inability

of an employer toprovidework due to

Shortage of coal, power

or raw material. Accumulation of stocks.

Breakdown of machinery.

Natural calamity. Sec.25-C

Lay off & Payment ofCompensation

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Chapter V

Sec.25B

a workman shall be said tobe in continuous service for aperiod if he is, for that

period, in uninterruptedservice, including servicewhich may be interrupted onaccount of sickness orauthorized leave or anaccident or a strike which isnot illegal, or a lock-out or acessation of work which isnot due to any fault on thepart of the workman;

Definition ofcontinuous

service.For the

purposes of this

Chapter,

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Chapter

Sec.25B

where a workman is not in continuousservice within the meaning of clause (1) fora period of one year or six months, he shallbe deemed to be in continuous serviceunder an employer(a) for a period of one

year, if the workman, during a period oftwelve calendar months preceding the datewith reference to which calculation is to bemade, has actually worked under theemployer for not less than (i) onehundred and ninety days in the case of aworkman employed below ground in amine; and (ii) two hundred and forty days,in any other case; (b) for a period of sixmonths, if the workman, during a period ofsix calendar months preceding the date withreference to which calculation is to bemade, has actually worked under the

employer for not less than. (i) ninety-fivedays, in the case of workman employedbelow ground in a mine; and (ii) onehundred and twenty days, in any other case.

CONTD

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Chapter V

Sec.25C

Whenever a workman (other thana badli workman or a casualworkman) whose name is borne onthe muster rolls of an industrial

establishment and who hascompleted not less than one yearof continuous service under anemployer is laid-off, whethercontinuously or intermittently, he

shall be paid by the employer for alldays during which he is so laid-off,except for such weekly holidays asmay intervene, compensationwhich shall be equal to fifty per

cent, of the total of the basic wagesand dearness allowance that wouldhave been payable to him had henot been so laid-off.

Right of workmenlaid-off for

compensation

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CONTD

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Chapter

Sec.25E

No compensation shall be paid to aworkman who has been laid-off

if he refuses to accept any alternativeemployment in the same establishment

from which he has been laid-off, or inany other establishment belonging tothe same employer situate in the sametown or village or situate within a radiusof five miles from the establishment towhich he belongs.

if he does not present himself for workat the establishment at the appointedtime during normal working hours atleast once a day;

if such laying-off is due to a strike orslowing-down of production on the part

of workmen in another part of theestablishment.

Workmen notentitled to

compensation in

certain cases

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Chapter

Sec.25F

No workman employed in any industrywho has been in continuous service fornot less than one year under anemployer shall be retrenched by thatemployer until

the workman has beengiven onemonths notice in writing indicating thereasons for retrenchment and theperiod of notice has expired, or theworkman has been paid in lieu of such

notice, wages for the period of thenotice;

the workman has been paid, at the timeof retrenchment, compensation whichshall be equivalent to fifteen daysaverage pay [for every completed year

of continuous service] or any partthereof in excess of six months; and

Conditionsprecedent to

retrenchment of

workmen.

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Chapter

Sec.25FF

Where the ownership ofmanagement of an undertakingis transferred, whether byagreement or by operation oflaw, from the employer inrelation to that undertaking to anew employer, every workmanwho has been in continuousservice for not less than one yearin that undertaking immediatelybefore such transfer shall beentitled to notice andcompensation in accordance

with the provisions of section25F, as if the workman had beenretrenched.

Compensation toworkmen in case of

transfer of

undertakings -

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Chapter v

Sec25FFF.

Where an undertaking isclosed down for any reasonwhatsoever, every workman

who has been in continuousservice for not less than oneyear in that undertakingimmediately before suchclosure shall, subject to theprovisions of sub-section (2),be entitled to notice andcompensation in accordancewith the provisions of section25F, as if the workman hadbeen retrenched

Compensation toworkmen in

case of closing

down of

undertakings.

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Chapter

Sec.25H

Where any workmen areretrenched, and the employerproposes to take into his employ

any persons, he shall, in suchmanner as may be prescribed,give an opportunity [to theretrenched workmen who arecitizens of India to offerthemselves for re employment,and such retrenched workmen]who offer themselves for reemployment shall have

preference over other persons.

Re-employment ofretrenched

workmen.

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ence- un s men .

Committing unfair labourpractices

Illegal strike and lock-ourts Instigation etc. for illegal strike

or lock-outs.

Giving financial aid to illegalstrikes and lock-outs.

Breach of settlement or award Disclosing confidential

information pertaining to Sec.21

Closure without 60 days noticeunder Sec.25 FFA

Contravention of Sec.33pertaining to change ofconditions of

Service during pendency ofdispute etc.

Imprisonment of upto 6 months orwith fine upto Rs.3,000.

Imprisonment upto one month or withfine upto Rs.50(Rs.1000 for lock-out)or

with both.

Imprisonment upto 6 months or withfine upto Rs.1,000

Imprisonment for 6 months or withfine upto Rs.1,000

Imprisonment upto 6 months or withfine.On continuity of offence fine

uptoRs.200 per day



Imprisonment upto 6 months or fineupto Rs.1,000. Fine upto Rs.100

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Sec .36-A. Power to remove


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Sec .36 A. Power to remove

difficulties.

1) If, in the opinion of

the appropriateGovernment, any

difficulty or doubt arises

as to the interpretation

of any provision of anaward or settlement, itmay refer the question

to such Labour Court,

Tribunal or NationalTribunal as it may think

fit.

2) The Labour Court,Tribunal or National

Tribunal to which suchquestion is referred

shall, after giving theparties an opportunity

of being heard, decidesuch question and its

decision shall be final

and binding on all

such parties.

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Chapter VII

Sec.36B, industrial establishments or

undertakings carried on by adepartment of that Government that

adequate provisions exist for theinvestigation and

settlement of industrial disputes inrespect of workmen employed in such

establishment or undertaking or classof establishments or undertakings, itmay, by notification in the OfficialGazette, exempt, conditionally or

unconditionally such establishment orundertaking or class ofestablishments

or undertakings from all or any of theprovisions of this Act.

Power to exempt.Where the

appropriate

Government is

satisfied in

relation to any

industrial

establishment or

undertaking or

any class of

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