Industrial disputes act ‘1947’

industrial disputes act is very important for every business man because without knowing in this act business man can not successful in business

1. INDUSTRIAL DISPUTES ACT ‘1947’

2. As per section 2 (k) of I ndustrial 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.

3. 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

4. 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

5. CAUSES OF INDUSTRIAL DISPUTES INDUSTRIAL FACTORS MANAGEMENT ATTITUDE TOWARD WORKERS GOVERNMENT MACHINERY OTHER CAUSES

6. 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

7. MANAGEMENT ATTITUDE TOWARDS THE WORKERS:- Disinterest of the management to discuss with the workers Not involving the workers in the decision making Inadequate communication

8. G overnment 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

9. Other causes :- Affiliation of trade union with political parties Poor centre state relations Profits Securities of jobs Inflation Productivity Right to manage

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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.

16. 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

17. 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

18. 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