15690_industrial disputes act old
TRANSCRIPT
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INDUSTRIAL
DISPUTES ACT1947
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Objects of the Act:-1. To secure industrial peace by:-
a. preventing & settling disputes
between employers & workers
b. maintaining good relations betweenthem through an internal Works
Committee
c. promoting good relations throughan external machinery of conciliation &
courts
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2. To make better the conditions of workersin the industry by:-
a. redressal of their grievances
through statutory machineryb. providing job security
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Definition of Industry
Section 2(j) : Industry means any
systematic activity carried on by an
employer and his workmen.
Important Points in this Definition:-
1. The workmen may be employed by theemployer directly, or through an agency.
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2. This employment should be for the
production, supply or distribution ofgoods/services, in order to fulfil human
wants.
3. It is not important whether such activity
is carried on for profit or not.
4. Industry also includes any activity
relating to promotion of sales by any
enterprise.
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5. Industry does not include:-
a. agricultural operationsb. hospitals
c. educational, scientific &
research institutions
d. village industries
e. domestic servicesf. any activity done by govt in
the conduct of its usual functions.
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Definition of Industrial DisputeSection 2 (k) : An industrial dispute means
any dispute or difference between:-
i. employers & employers,
ii. employers & workmen,
iii. workmen & workmen,
which is connected with any of these:-
i. employment or non-employment,
ii. terms of employment,
iii. Conditions of labour of any person.
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Important Points
1. Two conditions to be fulfilled
a. There should be real &substantialdifference (continuity)
b. It must be connected with any of the
3 issues mentioned in the definition.
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2. Industrial disputes may be:-
Collective
or
Individual
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Other Important Definitions
1. Employer2. Industrial establishment
3. Appropriate government
4. Lay-off5. Lock-out
6. Retrenchment
7. Strike8. Unfair labour practices
9. Workman
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Authorities
under the Act,and Settlement
Procedure
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I. CONCILIATION
1. Works Committee2. Conciliation Officers
3. Boards of Conciliation
4. Courts of InquiryII. ADJUDICATION
1. Labour Courts
2. Industrial Tribunals3. National Tribunals
III. ARBITRATION
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WORKS COMMITTEE
1. Composition
-- where >100 workers are employedduring the previous 12 months
-- representatives of employer as well as
workmen-- number of representatives of workmen
shall not be less than those of employer
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2. Powers and Duties:-
-- to promote measures for ensuring good
relations between employers & workmen
-- to address the matters of their commoninterest
-- to minimise any material difference of
opinion regarding welfare of workers,training, wages, working hours, working
conditions etc.
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CONCILIATION OFFICERS
1. Appointment
-- for specified area or industry-- by appropriate govt
-- for a limited time or permanently
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2. Duties
-- to hold conciliation proceedings
-- to investigate the dispute
-- to send a report & memorandum of
settlement to appropriate govt
-- if dispute could not be settled by him, he
will send a detailed report to govt
explaining the steps taken by him.
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BOARDS OF CONCILIATION
1. Composition
-- by the appropriate govt
-- one chairman (independent person)
-- 2 or 4 other members (representatives ofboth sides)
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2. Duties
-- to bring about a settlement of the
dispute-- to send a report to the govt within 2
months
-- detailed report if dispute not settled
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COURTS OF INQUIRY
1. Composition
-- set up by appropriate govt
-- one chairman (independent person)
-- any number of other members
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2. Duties
-- to inquire into any dispute referred to it
-- prepare and send report to govt within 6
months
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LABOUR COURTS
1. Composition
-- set up by appropriate govt
-- only 1 member the presiding officer
less than 65
years, and an independentperson
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2. Matters within the jurisdiction of Labour
Court
-- legality of an order passed by employer
-- dismissal of workmen
-- withdrawl of any concession or privilege
-- illegal strike or lock-out
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INDUSTRIAL TRIBUNAL
1. Composition
-- set up by appropriate govt
-- one presiding officer
a. judge of High court or District
court for 3 years
b. less than 65 years
-- may be 2 other members
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2. Matters within its jurisdiction
-- wages & mode of payment
-- compensation & other allowances
-- working hours & rest intervals
-- leaves & holidays
-- rules of discipline
3. Duties same as Labour Court
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NATIONAL TRIBUNAL
1. Composition
-- set up by Central govt-- presiding officer
a. judge of High court
b. < 65 yearsc. independent person
-- 2 other assessors to advise him
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2. Matters for jurisdiction all mattersunder Labour court and Industrial tribunal.
If a dispute is referred to the Nationaltribunal, then the jurisdiction of Labour
court and Industrial tribunal shall cease to
exist.
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ARBITRATION - Voluntary
Reference of Industrial Dispute
1. Reference2. Arbitrators and Umpire
3. Arbitration Agreement
4. Proceedings5. Award
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Rules regarding
Award andSettlement
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1. Form of report written, signed by
concerned authority
2. Publication of report within 30 days
3. Award becomes enforceable after 30
days of its publication
4. Rejection/modification of award by
Central govt, within 90 days of publication
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5. Award shall be binding on all the parties
to that dispute
6. Award shall remain in force for 1 year
from the date on which it becomesenforceable
7. Penalty for breach of award 6 monthsimprisonment, or monetary fine.
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STRIKES
and
LOCK-OUTS
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Meaning of Strike:
Section 2(q) Strike means i. cessation of work by a body of workers
employed in any industry acting in
combination,ii. Refusal of any number of workers to
continue to work,
iii. Refusal under a common understandingof any number of such persons to continue
to work or to accept employment.
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Meaning of Lock-out
Section 2(L) temporary closing of a place
of employment, or suspension of work, orrefusal of an employer to continue to
employ any number of persons employed
by him.
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Essentials of Lock-out:
1. Temporary closing
2. Demands for which the place is locked-
out
3. Intention to re-employ the workers if
they accept the demands.
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Rules related to Strike & Lock-out
1. Strike in a public utility service:
-- notice to employer 6 weeks earlier-- no strike within 14 days of giving notice
-- no strike if any conciliation proceeding is
pending-- no strike within 7 days of conclusion of
such proceedings
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2. Lock-out in a public utility service :
-- same conditions
3. Notice of strike/lock-out not necessary
in certain cases : if a strike/lock-out is
already going on, then notice not required,
but employer must be informed on that
day
4. Employer must forward the notice
within 5 days to appropriate govt
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5. Strike/lock-out in an industrial establishment :
-- not during conciliation proceedings by Board ofConciliation
-- not within 7 days of concluding the proceedings
by Board of Conciliation
-- not during proceedings of Labour Court or
Tribunal
-- not within 2 months of concluding the
proceedings by Labour Court/Tribunal-- not during any arbitration proceedings
-- not within 2 months of concluding the
proceedings by arbitrators.
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6. Illegal strike or lock-out :
A strike or lock-out shall be illegal if :-
i. it is started or declared in contraventionof any of the rules mentioned above, or
ii. It is continued in contravention of anyorder made by National Tribunal in relation
to any dispute referred to it.
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7. Prohibition of financial aid to illegal
strike/lock-out
8. Penalties regarding illegal strike or lock-
out :
i. Penalty for illegal strike (worker)
-- 1 month imprisonment, or
-- fine of Rs. 50, or
-- both
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ii. Penalty for illegal lock-out (employer)
-- 6 months imprisonment, or
-- fine of Rs. 1000, or
-- both.
iii. Penalty for instigation
-- 6 months imprisonment, or
-- fine of Rs. 1000, or
-- both.
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iv. Penalty for giving financial aid for an
illegal strike/lock-out
-- 6 months imprisonment, or
-- fine of Rs. 1000, or
-- both.
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Provisions
Related toLAY-OFF
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Meaning of Lay-off:-Section 2(kkk) Lay-off means the failure, refusal or
inability of an employer to give employment to aworkman
i. whose name is borne on the muster-rolls of his
industrial establishment, andii. Who has not been retrenched.
Reasons-
i. shortage of power or raw-materialsii. Surplus stock
iii. Breakdown of machinery
iv. Natural calamity.
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Rules
1. Compensation to workers
-- not a replacement worker
-- his name on muster-rolls-- completed atleast 1 year of
continuous service
-- for all days of lay-off, except weeklyholidays
-- rate of compensation 50%
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2. Duty of employer to maintain muster-
rolls
3. Worker not entitled to receive
compensation
-- if he refuses to accept alternative work
-- if he doesnt come for attendance
atleast once a day
-- if such lay-off is due to strike or slow
down of production process
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4. Permission from app. Govt
5. Application by employer
6. In case of a Mine
7. Order
8. Presumption [60 days]
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9. Order binding
10. Review
11. Illegal lay-off
12. Penalty for illegal lay-off
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Meaning of Retrenchment
Section 2(oo) Termination, by theemployer, of the service of a workman, for
any reason, otherwise than as punishment.
Retrenchment does not include:-
i. voluntary retirement by workman
ii. Termination of his services due to non-
renewal of his employment contract
iii. Termination due to prolonged illness of
worker
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RULES :-
1. Notice of 3 months to workman & priorpermission of appropriate govt
2. Application for seeking permission
3. Order of the govt
4. Presumption [60 days]
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5. Order binding on both parties for 1 year
6. Review of order
7. Illegal retrenchment
8. Penalty for illegal retrenchment 1
month imprisonment, or fine Rs.1000
9. Compensation 15 days wages for
every 1 year of continuous service
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Closure of an industrial
establishment
Closure means permanently
closing down of a place of
employment by the employer.
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Rules for Closure
1. Application for permission 90 days
before closure
2. Order by the appropriate govt
3.Presumption [60 days]
4. Order is binding on both parties for 1
year
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5. Review of order
6. Illegal closure
7. Penalty for illegal closure 6months
imprisonment, or fine of Rs. 500, or both
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UNFAIR LABOUR PRACTICESSection 2(ra) any of the practices
specified in the Fifth Schedule of the
Industrial Disputes act, which declarescertain labour practices as unfair on the
part of employers as well as workmen &
their unions.
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Fifth Schedule
I. On the part of employers and
their unions
II. On the part of workmen andtheir unions