The Industrial Disputes Act: Objectives, Definitions, and Authorities

Written on December 13, 2023 in English with a size of 14.34 KB

#THE INDUSTRIAL DISPUTES ACT This act has been enacted by the central legislature with the object of setting the disputes Between the workmen and management amicably&peacfully. Workmen of dimakuchi tea Estate v dimakuchi tea estate1958 OBJECTIVES 1.promotion of measures for securing and Preventing amity and good relation between the employers and workmen.2.an investigation and Settlement of industrial disputes3.prevention of illegal strikes and lock out 4.Releif to workmen in The matter of lay off and retrenchment 5.To promote collective bargaining

#INDUSTRY Sec 2j defenition of industry “ industry means any business,trade,undertaking,manufacture or Calling of employees and includes any calling,service,employement,handicraft,or industrial Occupation or avocation of workmen State of bombay v hospital mazdoor sabha 1960 Industry 1.There must be some systematic activity 2.It must have been carried on by co Operation between employer and workmen 3.The aim of such activity may be Production,supply,or distribution of goods 4.It must be done to satisfy human needs5.Capital Need not be invested for the purpose of carrying such activity 5.There need not have any motive To make any gain or profit

#INDUSTRIAL DISPUTES: Sec 2(k) ,means any dispute or diffrence betwwwn a)employers and employers b)workman and Employers c)workmen and workmen The diffrences and disputes may be connected with a)the employment or non employment b)the Terms of employment C)the condition of labour of any person. Indivitual dispute and industrial dispute: Indivitual dispute refers to dispute b/w a workman and the employer.If a workman is dismissed Or retrenched or otherwise terminated and a dispute arose b/w him and the employer.It is an Indivitual dispute. The supreme court has consistently held that indivitual dispute per se is not an industrial Dispute.But such dispute may become a industrial diaspute if it had the backing of a substantial Number of workmen of workmen of the establishment or of a union representing such workmen.

Impact of sec 2A : provides that if an employer discharges,dismisses,retrenches or otherwise Terminates the service of an indivitual workmen,any dispute or diffrence b/w that workman and His employer connected with such discharge,dismissal shall be deemed to be an industrial Diaspute eventhough no other workmen or any union of workmen is a party to the dispute. Titagah jute factory co. Vs sriram tewan 1979 : it was observed that after the of introduction Sec 2A such a dispute would be an industrial dispute in respect of those matters specified in that Sec eventhough it is not sponsored by a union of workmen or by a substantial number of Workmen.'

#WORKMEN : Sec 2(s),means any person employed in any industry to do any manual ,unskilled ,skilled ,technical, operational, clerical, or supervisory work for hire or reward .His term of employment May be expressed or implied. Workmen does not include : a) who is subject to airforce act,army act or navy act 1950 b) who is Employed in the police service or as an officer or other employee of a prison. C) who is Employed mainly in a managerial or administrative capacity. Bhagaband collinery vs thier wormen 1962 :held that to do some work on commision basis Will be enough to satisy the provision and the person who is so employed is a workmen.

#AUTHORITIES INDUSTRIAL DISPUTES: the act provides an elaborate and effective machinery for bringing about industrial peace by setting up various authorities for the investigation and settelement disputes. The following are the authorities constituted under the act for the settelement of industrial disputes

1)work committee sec 3 : in case of any industrial establishment in which one hundred or workmen are employed , or have been employed on any day in the proceeding twelve month , the appropriate gvt may by general or special order require the empoloyer to constitute a work committee . constitution of works committee: the committee shall consist of representatives of employers and workmen engaged in the establishment . The number of representative of workmen on the committee shall not be less than the number of representatives of the employer. Duties of works committee : 1) to promote measures for securing and preserving amity and good relations between the employers and workmen 2) to comment up on matters o ftheir commen intrest. 3) to endeavor to compose any matterial diffrence of opinion in respect of such matters . NORTHBROOK JUTE COMPANY V. THEIR WORKMEN

2)conciliation officers : sec 4 of the act empowers the appropriate gvt to appoint such number of persons as it thinks fit to be conciliation officers . The duty of the conciliation officers shall be to mediate in and promote the settelement of the industrial disputes . A conciliation officer may be appointed for a specified area or specified industries in a specified area or for one or more specified industries and either permenently or for a limited period . powers of conciliation : 1) the conciliation officer may for the perpose of inquiry in to any existing or apprehended industrial dispute after giving reasonable notice enter the premises accupied by the establishment to which the dispute relates. 2) the officer can enforce the attendance of any person for the perpose of examination. duties of conciliation officer: 1) where any industrial disputes exist or is apprehended, the concilition officer may, or where the dispute relates to apublic utility service and a notice under sec 22 has been given shall hold conciliation proceedings 2) the officer shall for the purpose of bringing about a settelement of disputes vishnu v. Manager

3) board of conciliaton : sec 5 of the act empowers the appropriate gvt to constitute a board conciliation for premoting the settelement of an industrial dispute . The board shall consist of a chairman and two or four other members as the appropriate gvt thinks. The chairman shall be an independent person . The other members shall be an independent person . powers of board of conciliation : 1) for the perpose of enquiry into existing or apprehended industrial dispute after giving reasonable notice 2)every board of conciliation shall have the same poowers as are

vested in a civil court under the cpc . duties of board of conciliation: 1) where a dispute has been referred to board it shall endoeavour to bring about a settelement of the same 2) if a settelemennt of dispute is arrived at in the course of conciliation proceedimgs, the board shall send a report to the appropriate gvt together with a memorandum of the settelement signed by the dispute 3) if no such settelement is arrived at the board shall send to the appropriate gvt full report of proceedings and steps taken by it for ascertaining the fact and cercumstances relating to the dispute and for bringing about a settelement of dispute

4)Court of inquiry : sec 6 of the act empowers the appropriate gvt to constitute a court of inquiring into any matter appearing to be connected with relevent to an industrial dispute. A court enquiry may consist of one indipendant person or of such number of indipendant persons as the appropriate gvt may think fit and where a court consists of two or more members one of them shall be appoointed as the chairman powers of the court of enquiry : 1) a member of court of inqury may for the perpose of inquiry in to any existing or apprehended industrial dispute after giving reasonable notice 2) enforcing the attendance of any person and examing him on oth , compelling the production of document and material objects , issuing commisionig for the examination of witness and in respect of such athor matters as may be prescribed

Labour courts for adjudication of industrial disputes relating to any matter specified in the secound schedule . The matter with in the jurisdtiction of labour courts are sttated in the second shcedule are : the property or ligality of an order passed by an employer under the standing an order , , the application and interpretation of standing orders ,, discharge or dismissal of work men including reinstatement of workmen wrongfully dismissed,, withdrawal of any customary concession or privilege ,, illegality otherwise of a strike .. a labour court shall consist of one person appointed by the appropriate gvt . Qualifications : a person shall not be qualified for appointment as the preciding officer of a labour court unless a)he is or has been a judge of a high court b) he has for a period of not less than three year been a district or an additional judge c)he has held any judicial office in india for not less than 7 years disqualification : no person shall be appointed to or continue in the office of the presiding officer of the labour court a) he is not an independant person b)has attained the age of 65yrs powers of labor law : same as court of inquiry

5)Industrial tribunal: sec 7A of the act empowers the appropriate gvt to constitute one or more industrial tribunal for the adjudication of industrial disputes relating to any matter whether specified in the 2nd schedule are a)wages including the period and mode of payment b) compensatory and other allownces c) hours or work and rest inntervals d) leave with wages and holidays e)classification with grades f)rules of dicipilne and rationalisation qulification : by sec 7A(3)A person shall not be qualified to be appointed as the presiding of the industrial tribunals unless (the same quLIFICATINS OF labour cort) powers: same as labour court

6)national tribunal : sec 7B of the act empowers the central gvt to constitute one or more national industrial tribunals for the adjudication of industrial dsputes whhich in the opinion of the central gvt, involves quastions of national importance or are of such a nature that industrial establishments situated in more than state or likely to be affected by such dispute . A national tribunal shall consist of one person only to be appointed by the central :gvt .5) labour court : sec 7 of the act empowers the appropriate gvt to constitute one or more

#RESTRICTION AS TO CHANGE OF CONDITION OF SERVICE,DISMMISAL OR OTHER PUNISHMENT DURING YHE PENDENCY OF PROCEEDINGS BEFORE AUTHORITIES UNDER THE ACT :

Sec 33,prescribes the restrictions as to the change of conditions of service during the pendency of proceedings before a conciliation officer or a board or any of proceeding before an arbitrator or a labour court or industrial tribunal ornational tribunal.According sec 33(1)(a),during the pendency any conciliation proceeding before a conciliation officer or a board or of any proceeding before an arbitrator an labour court or tribunal or national tribunal in rspect of an industrial dispute,an employer shall not,in regard to the matter connected with the dispute,alter to the prejudice of workman concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceedings.

Amar singh and others vs labour court,bharatpur 1997 : held that approval of discharge of a workman by labour court does not amount to res judicata in regarding an industrial dispute with regard to dismissal

NOTICE OF CHANGE IN CONDITIONS OF SERVICE :

SEC 9-A provides for notice of change in conditions of service.According to this,who proposes to effect any change in the conditions of service apllicable to any workman in respect of any matter specifiedin 4th schedule shall effect such change-

a)without giving to the workmen likely to be affected by such change a notice in the prescribed manner of thenature of change proposed to be effected.

b)within 21 days of giving such n otice.

CONDITIONS : a)wages,including the period and mode of payment b)compensatory and other allowance c)hours of work and rest intervels d)leaves with wages and holidays e)classification of grades f)withdrawal of any customary concessions or previlage or change in usage

Tamil nadu electricity workers federation vs madras state electricity board-

Referance to national tribunal b )refernce of dispute on application of parties c)period within which award shall submit d)prohibition of strikes and lockouts

e)govt cannot be compelled to make a reference f)constitutional validity of sec 10 (1) p\of act

g)judicial review of order of reference. H)reference cannot be withdrawn cancelled or withdr

Related entries:

Tags: