CONTENTS. THE INDUSTRIAL DISPUTES ACT, Introduction. Section. CHAPTER I. PRELIMINARY. Short title, extent and commencement. Definitions. 2A. An Act to make provision for the investigation and settlement of industrial (1) This Act may be called the Industrial Disputes Act,. 2[(2) It extends to the. Full text containing the act, Industrial Disputes Act, , with all the sections, schedules, short title, enactment date, and footnotes.
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[14 OF ]. [11th March, ]. An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. WHEREAS. THE INDUSTRIAL DISPUTES ACT Contents. Sections. Details. Introduction. CHAPTER I PRELIMINARY. 1. Short title, extent and commencement. 2. Preamble - THE INDUSTRIAL DISPUTES ACT, Chapter I. Section1 - Short titile, extent and commencement. Section2 - Definitions. Section2A - Dismissal.
A fourth aspect of the role of the state that has become increasingly important is that of a direct and primary participation as a major employer in the public sector. In this respect, it influences the pattern of industrial relations by its own behaviour and example. A fifth role that the state has come to play in many countries is that of a regulator of incomes.
As a result, direct and active state involvement in the industrial relations has become much more pronounced in recent years. The concern of state in matters relating to labour is product of its obligations to protect the interest of industrial community , while at the same time fostering economic growth in almost all countries.
State has assumed powers to regulate labour relations in some degree or the other.
In some , has taken the form of laying down bare rules or observance by employers and workers; in others, the rules cover a wider area of these rules6. So far as our country is concerned , State intervention in labour matter can be traced back to the enactment of the Employers and Workmens Disputes Act which provided for the speedy disposal of the dispute relating to the wages of workmen engaged in railways, canals and other public works, by Magistrates.
After World War-1 however, State intervention in Dispute Resolution became more systematic and effective. The Trade Dispute Act was passed providing for constituting courts of Inquiry and Conciliation Boards and forbidding strikes in public utility services without notice.
The Act was replaced by the Trade Dispute Act incorporating provisions relating to general strikes as well. Thereafter Bombay Trade Dispute Conciliation Act was passed providing for permanent cadre for conciliators in selected industries. In the same year, Bombay Industrial Dispute Act was passed providing for setting up of an industrial Court and prohibiting strikes and lockouts under certain conditions. The Act was amended in the year providing for constituting labour courts and national industrial tribunals.
The subject labour having been in the concurrent list of the Constitution of India, both the centre and states have the power to legislate on labour matters. Several states have amended the Central Act so as to suit to them while others have enacted their own Acts.
The main object of the enactment of the Act is to ensure social justice to both the employees and employers and advance the progress of industry by bringing about the existence of harmony and cordial relationship between the parties so as to bring about industrial peace which would accelerate procedure activity of the country. The Act provides for prevention and settlement of industrial disputes.
Industry means a business as a merchant , a trade as a culter , a manufacture as a flour mill , an undertaking as a gas company , a calling as a engineer, or service as a carrier or an employment a general term like calling embracing some of the others; and intended to extend to vocations which might not be comprised in any of the rest , all these expressions so far indicating the occupation in which the principle, Industrial Peace and industrial harmony may have the same meaning; but we are inclined to think that the concept of industrial peace is somewhat negative and restrictive.
It emphasis absence of strife and struggle. The concept of industrial harmony is positive and comprehensive and it postulates the existence of understanding cooperation and a sense of partnership between the employers and the employees. That is why we prefer to describe our approach as one is quest of industrial harmony.
The Scope the definition of Industrial Dispute is very wide. The words employment and non employment in the definition are of widest amplitude and have been but in juxtaposition to make the definition comprehensive.
Any dispute concerned with employment or non-employment constitute the subject matter of one class or industrial disputes.
The matters which can form subject matter industrial dispute are enumerated in Second, Third and Fourth Schedule given at the end of Industrial Dispute Act.
Interest disputes relate to determination of new wage level and other condition of employment while rights disputes on the other hand relate to interpretation and application of existing standards and usually involve and individual worker or group of workers.
Under category of rights disputes, claim is made that the workmen have not been treated in accordance with the rules, individual contracts of employment, laws and regulations and as per collective agreements. Such disputes are also described as grievance disputes.
Such grievances may be regarding retrenchment ,dismissal, payment of wages, working time, overtime, demotion , promotion, transfer, seniority, job classification, work rules and fulfillment of obligation relating to safety and health laid down in an agreement. The definition of Industrial Dispute as given in the Act has a wide coverage. All disputes relating to employment or non- employment, or the terms of employment or with the condition of labour are covered under the definition. Settlement means a settlement arrived at in the course of conciliation proceeding and included a written agreement between employer and workmen arrived at otherwise than in course conciliation proceeding where such agreement has been signed by the parties there to in such manner as may be prescribed and a copy thereof has been sent to the officer authorized in this behalf by the appropriate government and the conciliation officer.
The settlement arrived at in the course of conciliation stand on a higher plane than the settlements arrived at otherwise than in the course of conciliation. The legal effect of both these settlements is not identical. The settlement arrived at otherwise than in the course conciliation binds only the parties to settlement and none else.
In any case it does not stand on higher plane than the settlements arrived at in the conciliation and that makes the two distinct and different from each other.
Procedures for settling labour dispute: Collective Bargaining, Negotiation, Conciliation and Mediation, Arbitration and Adjudication are well known methods for settlement of industrial disputes. Collective Bargaining :- Collective Bargaining is a technique by which dispute as to conditions of employment, are resolved amicably, by agreement, rather than by coercion.
The dispute is settled peacefully and voluntarily, although reluctantly, between labour and management. The content and Scope collective bargaining also varies from country to country.
Broadly Speaking Collective bargaining is a process of bargaining between employers and workers, by which they settle their disputes relating to employment or nonemployment , terms of employment or conditions of the labour of the workman, among themselves, on the strength of the sanctions available to each side. But quite often, the workers and employers have to apply sanctions by resorting to weapons of strike and lockouts, to pressurize one another, which makes both the sides aware of the strength of one another and that finally forces each of them to arrive at a settlement in mutual interest.
It is thus the respective strength of the parties which determine the issue, rather than the wordy duals which are largely put on for show, as an element of strength in one party is by the same token, an element of weakness in another. Negotiation: Negotiation is one of the principal means of settling labour disputes.
However, due to lack of trust between the employers and workmen or their trade unions or inter-rivalry of the trade unions and the employers being in a commanding position, many a time negotiations fail. Under this Chapter, section 9 C has made it obligatory for the employers to make provision for Grievance Settlement Authority for settlement of industrial disputes connected with an individual workman employed in an establishment in which fifty or more workmen are employed or have been employed on any day.
In the preceding twelve months. Section25 - Prohibition of financial aid to illegal strikes and lock-outs. Section25A - Application of sections 25C to 25E.
Section25C - Right of workmen laid-off for compensation. Section25D - Duty of an employer to maintain muster rolls of workmen. Section25E - Workmen not entitled to compensation in certain cases. Section25F - Conditions precedent to retrenchment of workmen. Section25FF - Compensation to workmen in case of transfer of undertakings.
Section25FFA - Sixty days' notice to be given of intention to close down any undertaking. Section25FFF - Compensation to workmen in case of closing down of undertakings. Section25H - Re-employment of retrenched workmen. Section25I - Recovery of moneys due from employers under this Chapter. Section25J - Effect of Laws inconsistent with this Chapter. Section25N - Conditions precedent to retrenchment of workmen.
Section25O - Procedure for closing down an undertaking. Section25P - Special provision as to restarting undertakings closed down before commencement of the Industrial Disputes Amendment Act, Therefore, in the greater public interest for maintaining industrial peace and harmony and to prevent unemployment without just cause, the restriction imposed under sub-section 2 of Section M cannot be held arbitrary, unreasonable or far in excess of the need for which such restriction has been sought to be imposed.
Criminal cases need not be pursued, not only within the ambit of Section of Criminal Procedure Code but in special facts of the case will also secure the ends of justice.
Such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section 1 shall not apply in relation to such establishment for such period as may be specified in the order.
It is incumbent on the management to prove that the copies of the application as required by section 25N read with rule 76A of the Industrial Disputes Rules, , were served on the concerned workman. Meenakshi Mills Ltd. And another, the Supreme Court held that Section N of the Act as constitutionally valid on the ground that the restrictions imposed on the right of employer to retrench workmen is in interest of the general public.
It does not infringe Article 19 1 g of the Constitution and duty to pass a speaking order and affording opportunity to the parties concerned with judicial power while functioning under sub-section 2 of Section N and hence no appeal lies to Supreme Court against an order passes under sub-section 2 of Section N.
Jabar Singh and Others, the services of the respondent workman were retrenched by notices in compliance with Section 6-N of the U. Industrial Disputes Act, Labour Court gave an award holding the retrenchment as valid. The award was challenged in the High Court and the Court directed reinstatement with back-wages. The question for consideration was whether the corporation was an industrial establishment within Section L of the Industrial Disputes Act, and if so whether the retrenchment was not valid for non-compliance of Section N of the Industrial Disputes Act, The Supreme Court observed that the process of cutting tress by axe and changing the shape by saw and conversion of tress into logs for purpose of sale and disposal fell within the scope of manufacturing process under Section 2-K of the Factories Act, The establishment of appellant was therefore, held, to be an industrial establishment under Section L of the Industrial Disputes Act, and Section N was applicable.
The appellant did not comply with the two requirements of Section N of the Industrial Disputes Act, namely giving three month notice or wages in lieu of notice and taking permission from the appropriate government. The retrenchment notices were therefore illegal and workmen were held entitled to be reinstatement with full back wages and continuity of service. Chemicals and Dyes Trading Employees Union v.
Chemicals and Dyes Trading Limited and Others, the respondent company was engaged in business of pharmaceuticals etc. The registered officer of the Company was situated at Churchgate.
Copies of the said notice were sent to the Commissioner of Labour, Maharashtra and the Union. The Union protested against the termination of the services of the workmen and complained that the closure was contrary to the provisions of Section O of the Industrial Disputes Act, and the Company had committed unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of the Unfair Labour Practice Act, The union contended that for the purpose of Section O all the workmen working in all three divisions of the Company should be taken into consideration as there was functional integrity amongst all the three Divisions.
It was held that the Section O applies to the closure of undertaking of an industrial establishment and not to the closure of an industrial establishment. Undertaking and industrial establishment taken together constitute one establishment.