INDUSTRIAL DISPUTE ACT 1947

INDUSTRIAL DISPUTE ACT 1947

Voluntary Arbitration

It is commonly viewed as less expensive and faster than resolving a

dispute in court.

An arbitrator may be a single person or a panel.

Sometimes, however, the parties may agree to submit the dispute to an arbitrator but at the same time, reserve their right to accept or reject the award when it comes.

http://www.labour.nic.in/industrial-relations

Method of Settling Industrial Dispute

1. Without State Intervention

• Collective Bargaining
• Without Conciliation
• With Conciliation
• Voluntary Arbitration

2. With State Intervention

• Compulsory Establishment of Bipartite Committee
• Establishment of Compulsory Collective Bargaining
• Compulsory Investigation
• Compulsory Conciliation and Mediation
• Compulsory Arbitration and Adjudication

Settlement Under the Influence

of the State

• Compulsory establishment of bipartite committees.
• Establishment of compulsory collective bargaining.
• Conciliation and mediation (voluntary and compulsory).
• Compulsory investigation.
• Compulsory arbitration or adjudication.

Settlement Without State Intervention

Resolution Machinery

There are two ways in which the basic parties to an industrial

dispute- the employer and the employees- can settle their disputes.

Collective bargaining

Voluntary arbitration

Types of Strikes

1. On the Basis of Nature of Initiation

• Authorized Strike
• Unauthorized Strike

2. On the Basis of Scope

• General Strike
• Particular Strike

3. On the Basis of Technique

• Slow Down Strike
• Quickie Strike
• Sit Down Strike
• Work to Rule Strike

4. On the Basis of Generic Purpose

• Sympathetic Strike
• Jurisdictional Strike
• Political Strike
• General Strike

The authorities that make use of conciliation on the

sole method of settlement of disputes are:

(1) Works Committee

(2) Conciliation Officer

(3) Board of Conciliation

The adjudicating authorities that decide any dispute under the Act. are:

(1) Court of Inquiry

(2) The Labour Court

(3) Industrial Tribunal;

(4) National Tribunal,

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 .

Types Of ID’s

• Grievance disputes
• Unfair labor practices
• Recognition disputes

Strikes & Retrenchment

Industrial Disputes Act,1947,deals with this type separately in section 2(q) and defines it as “strike means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment.”

According to The term "retrenchment" defines under the section 2(00) may be analyzed as:

(1) Retrenchment means the termination by the employer of the services of a workman.

(2) The termination may be for any reason what so ever.

(3) But the termination should not be as a measure. of punishment byway of disciplinary action.

Definition

Lockout & Layoff

Objective

The industrial dispute means any dispute or difference between:-

(i) Employers and employers

(ii)Employers and Workmen or

(iii)Workmen and workmen, which is connected with

Industrial disputes may be said to be disagreement or controversy between management and labor with respect to wages, working conditions, other employment matters or union recognition.

• Promotion of measures of securing, preserving Industrial harmony
• Settlement of disputes between -

Employer – Workman

Employer - Employer

Workman - Workman

• Rights of Registered Trade Union
• Prevention of illegal- Strike; Lockout
• Promotion of collective bargaining

Industry

In section 2(I) Lock out means the closing of a place of employment, or the Suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him.

In section 2(k) Lay Off Means putting aside workmen temporarily. The duration of lay off should not be for a period longer than the period of emergency. The employer-employee relationship does not come to an end during the period of lay-off but is merely suspended during the period of emergency.

Accordingly, section 2(j), an activity would become an industry if (a) it is systematic,(b) it involves co-operation between the employees and the employer, (c) it results in the production and/or distribution of goods or services, and (d) is carried on as trade or business, regardless of whether it is trade or business, for profit or not. If these tests are satisfied the term industry would include educational institutions, university, hospitals, societies, charitable institutions, a firm of lawyers and chartered accountants, municipality, etc.

GROUP- 6

Ambika Singh

Anju Sivan

Shakshi Chauhan

Chetan Tiwari