INDUSTRIAL DISPUTES ACT ‘1947’
Jul 15, 2015
INDUSTRIAL DISPUTES ACT ‘1947’
As per section 2 (k) of Industrial Disputes Act 1947, INDUSTRIAL DISPUTE is defined as any dispute or differences between employer and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or with the condition of labour of any person.
FEATURES :-
This act extends whole of India including the state of Jammu and Kashmir
It encourages arbitration over the disputes between employers and employees
This act emphasis on compulsory adjudication besides conciliation an and voluntary arbitration of disputes
The right to strike by the workers and lock out by the employers
It provides setting up for works committees as machinery consultation between employers and employees to promote cordial relation
The act empower the appropriate authority ie, Labour court, Tribunal and National tribunal depending upon the nature of the disputes
CAUSES OF INDUSTRIAL DISPUTES
INDUSTRIAL FACTORS
MANAGEMENT ATTITUDE TOWARD WORKERS
GOVERNMENT MACHINERY
OTHER CAUSES
INDUSTRIAL FACTORS:-
Attitude of workers
Increasing prices & demand for increase in dearness allowances
Indiscipline & violence among workers
Worker’s resistance to rationalisation, introduction of new machinery 7 change of place of factory
MANAGEMENT ATTITUDE TOWARDS THE WORKERS:-
Disinterest of the management to discuss with the workers
Not involving the workers in the decision making
Inadequate communication
Government Machinery:-
Not implementing labour laws
Inability of conciliation machinery of the labour department to do its job & employees and management’s loss of confidence in that
Irrelevance of certain provisions of labour laws in the context of present industrial climate
Other causes :-
Affiliation of trade union with political parties
Poor centre state relations
Profits
Securities of jobs
Inflation
Productivity
Right to manage
STRIKES:-
strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines
TYPES OF STRIKE
STAY IN STRIKE OR SIT DOWN STRIKE OR PEN DOWN STRIKE OR TOOL DOWN STRIKE.
GO SLOW STRIKE
PEACEFUL DEMONSTRATION
BANDH OR LOCKED
HUNGER STRIKE
Section 2 ( q )
The cessation of work by an employee
Strikes are used by the workmen or the employees
Duration and time of strike-immaterial
Section 2 ( i )
The closing of a place of employment
Lock –out is usually used by the employer as a weapon of a collective bargaining
temporary closing of place of employment
STRIKES LOCK OUTS
LAY OFF LOCK-OUT Section 2 ( k k )
There is no restriction to take the lay off under this Act
Reason to take of the layoff is financial problems
Workmen will be entitled to layoff compensation
The work doesn’t stop in the layoff
Section 2 ( i )
Under the Act, there are some restriction regarding lockouts
Reason of lock-out is collective bargaining by the employer
The question of compensation raise on the impropriety and propriety
The work should be stopped
LABOUR COURT TRIBUNALS
Rules of evidence are sacred
Courts have the power to adjudicate in a variety of cases
Litigation in courts is very costly
People rarely get a chance to speak and most of the talking is done by the lawyers
Tribunals adopt a relaxed approach
Tribunal specialize in a particular area
Tribunals prove to be cheaper & quicker for resolution
People stand up and speak and lawyers have a little role to play in settlement of disputes
NATIONAL TRIBUNALS sec 7 (b)
These tribunals are meant for those disputes which, involve the question of national importance or issues which are likely to affect the industrial establishments of more than one states.
BOARD OF CONCILIATION sec (5)
The appropriate government by a notification constitutes a Board of conciliation for promoting the settlement of an industrial disputes
The chairman shall be an independent person unconnected with the disputes
The person appointed to represent a party shall be appointed on the recommendation of party
It can act only when a dispute is referred to it by the government
COURT OF INQUIRY SEC (6)
Court of inquiry consists of two or more members, one of them shall be appointed as chairman
The appropriate government by notification constitutes a court of inquiry
The court of inquiry can act under a prescribed quorum , even at the absence of chairman
If the service of the chairman is ceased by government , the court shall not act until a new chairman has been appointed
Settlement sec 2(p) Awards sec 2 (b)
A settlement which is arrived at in the course of conciliations proceedings
A agreement between the employer & the workmen arrived
If no such period is agreed upon, the settlement will remain in force for a period of 6 months
Award is a final determination by any Labour court , Tribunal or National tribunal
An award is binding & will come into operation on the expiry of 30 days from the dates of its publication
Government may reduce the said period & fix such periods as it thinks fit