Industrial disputes act ‘1947’

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