Industrial Dispute Act, 1947

Conclusion

Explain how it will help

Describe the next steps

Refer back to the pros and cons

Introduction

In October 2008 Jet airways (India) LTD. (jet) one of the India’s leading domestic airlines employees, faced retrenchment.

the airline showed the door to 850 cabin crew members and the rest were, airport service staff, and employees from management departments.

Later the chairman reinstated the employees, saying that he was not aware about the sackings.

Lot of pressure came on the management and HR department

due to reinstate of 1000 employees.

• Right step. The incident justifies even the permanent closure of the plant in Haryana and shifting them to some other state. The state has not even identified the murderers so far.
• Maruti may also do an introspection seek win-win solutions.
• Case is still going on…

CASE3: Turbulent timed in Indian

aviation center

Conclusion

Continue..

Company Name : Jet Airways(India) limited (jet)

Company Type : Aviation industry

Formed in Year : April 1992

Commercial year : 1993

Chairman : Naresh Goyal (Goyal)

Year of incident : 2008

CASE2 :-

Maruti Suzuki Declaired Lockout

Massive salary cuts follow

In last week of November , jet decided on a 20% cut in the salaries.

Employees protested against the decision of oust them with prior notice.

Reason for retrenchment was the growing challenges in the aviation industry.

This led to the lay-offs at jet, according to the company and other industry analyst.

• Held at Manesar
• Haryana SECTION (302)UNDER IPC
• LOCKOUT FOR TWO WEEK
• JULY,2012 :workers killed a company official and injured 100 managers
• R.C Bhargava ,chairman who took all important decisions
• The police have arrested 91 workers

A month later-in November 2008.

Jet announced that it would consider serious cut offs in salary for its staff to handle the aviation crises.

2 months before incident-In September 2008.

The international air transport association (IATA) had predicted that world over the aviation industry would lose about US$5.2 billion based on an average jet fuel price of US$140.

The rise in fuel prices had pushed the fuel bills of aviation industry to US$186 billion by the end of the year 2008.

• workers killed a company official and injured 100 managers.....
• The recorded CCTV footage has been used to determine the sequence of events and people involved
• The shut down of Manesar plant is leading to a loss of about Rs 75 crore[40] per day
• Manesar violence adds to India's recent incidents of labour disputes turning to violence
• Maruti-Suzuki management illegally suspended a further 10 workers, and dismissed 5 workers and 6 trainees on alleged grounds of sabotage
• unfair labour practice under section 2 (ra) of the Industrial Disputes Act, 1947

DEMAND OF WORKERS

DEFINITION

STRIKE

LOCKOUT

RETRENCHMENT

“STRIKE”has been defined in section 2(q) of the Industrial Disputes Act, 1947 in the following words".

“Strike means a cessation of work by a body of persons employed in any industry, acting in combination or a refusal, or a 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”.

“LOCKOUT”has been defined in section 2(1) of the Industrial Disputes Act, 1947 in the following words.

LOCKOUT means the closing of a place of employment, or the suspension of the work, or the refusal by an employer to continue to employ any number of person employed by him.

“RETRENCHMENT has been defined in section 2(oo) of the Industrial Disputes Act, 1947 in the following words.

RETRENCHMENT means the termination of the employer of the service of a workman, it may for any reason as an disciplinary action & does not include voluntarily retirement, non-renewal of contract or termination of service on the ground of ill health.

DEFINITION

LAY OFF

“LAY-OFF”has been defined in section 2(kkk) of the Industrial Disputes Act, 1947 in the following words.

Section 2(kkk) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the breakdown of machinery 5[ or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched

“CLOSURE” has been defined in Industrial Disputes Act, 1947 in the following words.

The permanent closing down of the place of employment is closure it also means the closing of any place, total or partial suspension of work by an employer. This renders workers jobless

TYPES OF INDUSTRIAL DISPUTES ACT 1947

DEFINATION OF INDUSTRIAL DISPUTES

INDUSTRY

According to section 2(k), Industrial Disputes means any dispute or difference between:-

• Employers & Employers
• Employers & Workmen
• Workmen & Workmen

Industrial Dispute may be said to be disagreement

or controversy between management and labour

with respect to wages, working conditions, other

employment matters or union recognition.

As per section 2(J) of Industrial Dispute Act, 1947

Industry mean any systematic activity carried on by cooperation between an employ and his work man for the production supply or distribution of goods and services with the view of satisfy human wants or needs.

INDUSTRIAL LAW

TOPIC

Industrial disputes Act 1947

CONTENT

• Definition of industrial disputes.
• Types of industrial disputes.
• Case1 (STRIKE)
• Case2 (LOCKOUT)
• Case3 (RETRENCHMENT & LAYOFF)
• Case4 (CLOSURE)

Industrial Dispute Act, 1947

Based on Jim Harvey's speech structures