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9)

The Industrial Disputes Act of 1947 defines industrial disputes as conflicts between employers and workmen, aiming to secure industrial peace through negotiation procedures. It applies to all industrial establishments in India, covering various types of workers, while excluding certain managerial and defense personnel. The Act outlines the processes for strikes, picketing, gherao, and lock-outs, along with restrictions on strikes in public utility services during ongoing conciliation proceedings.

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14 views17 pages

9)

The Industrial Disputes Act of 1947 defines industrial disputes as conflicts between employers and workmen, aiming to secure industrial peace through negotiation procedures. It applies to all industrial establishments in India, covering various types of workers, while excluding certain managerial and defense personnel. The Act outlines the processes for strikes, picketing, gherao, and lock-outs, along with restrictions on strikes in public utility services during ongoing conciliation proceedings.

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tupakula
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Lecture

Key 9:concept
Industrialin:
Disputes and conflict
Industrial Dispute Act, 1947 (Part-1)
Meaning of Industrial Dispute

Employers
and
As per Industrial workmen

Disputes Act,
1947, an industrial
dispute is defined
as any dispute or
difference
between-
Meaning of Industry
• Any systematic activity carried on by co- operation between an
employer and his workmen for the production, supply or
distribution of goods or services.
• Business, Trade occupation either for profit or non-profit motive
are industry for this purpose.
• Also professionals like that of the lawyers, medical practitioners,
accountants, architects, etc., clubs, educational institutions like
universities, cooperatives, research institutes, charitable projects

Objective of the Act


• Secure industrial peace and harmony by providing machinery and
procedure for the investigation and settlement of industrial
disputes by negotiations.
Applicability of the Act
Whole of India and applies to every industrial establishment carrying on any
business, trade, manufacture or distribution of goods and services irrespective
of the number of workmen employed.

Employee- Hire or reward including contract labour, apprentices, employees to


do any manual, clerical, skilled, unskilled, technical, operational or supervisory
work, is covered by the Act.

Casual worker and part-time workers are also are workmen.

No Single workman can rise dispute unless related to Dismissal, discharge,


termination, retrenchment.
Non- Employees under Industrial Dispute Act, 1947

Managerial or administrative capacity

Supervisory capacity and drawing more than Rs.


10,000

Defence personals subject to Army Act,


Air Force and Navy Act or those in police
service or officer or employee of a prison
Outcome of Disputes
Employees Employers

Picketing Gherao Lock-out


Strike

Economic Strike

General Strike

Sympathetic Strike

Tools / Pen Down strike

Slow Down Strike


Strikes

• “Strike means a cessation of work by a


body of persons employed in any
industry acting in combination, or a
concerted refusal or a refusal under a
common understanding of any number
of persons who are or have been so
employed, to continue to work or to
accept employment.”
Picketing

When workers are dissuaded from


reporting for work by stationing
certain men at the factory gates,
such a step is known as picketing.
• If picketing does not involve any violence, it
is perfectly legal.
• It is basically a method of drawing the
attention of public towards the fact there is
a dispute between the management and the
workers.
Gherao

‘Gherao’ denotes a collective action


initiated by a group of workers
under which members of the
management of an industrial
establishment are prohibited from
leaving the business or residential
premises by the workers who block
their exit through human barricade.
• Imposing wrongful restraints on the freedom of
some persons to move.
• illegal action
Lock-out

Lock-out is declared by the employers to put


pressure on their workers.

Temporary closing of a place of employment or


the suspension of work, or the refusal by an
employer to continue to employ any number of
persons employed by him.

Lock-outs are declared to curb the activities of


militant workers
Restrictions & Prohibitions Strikes and
Lockouts
No person employed in public utility service shall go on strike in
breach of contract:
• Without giving notice in the prescribed manner to the other party within 6
weeks before striking or the lock-out; or
• Within 14 days of giving such notice of strike or lock-out; or
• During the pendency of any conciliation proceedings before a conciliation
officer and 7 days after the conclusion of such proceedings.

No notice of strike and lockout is necessary in industrial


establishments except in public utility services.
Declaration of Public Utility Service

‘Appropriate Government’ may declare any


industry specified in the first Schedule of the
Industrial Disputes Act, 1947 to be a public
utility service for a period of six months by
issuing a Notification in the Official Gazette
which may extend from time to time for any
period not exceeding six months if in the
opinion of the appropriate Government
public emergency or public interest requires
extension.

Public utility services may be carried out by


Public companies (Public sector) or business
corporation (Private Sector)
Provision Industrial Dispute Act, 1947 Code on Industrial Relations

Applicability every industrial establishment every industrial establishment

Non- Employees Persons employed in a managerial or Persons employed in a managerial or


administrative capacity, or in a administrative capacity, or in a
supervisory capacity with wages supervisory capacity with wages
exceeding Rs 10,000 exceeding Rs 18,000

Restrictions & Prohibitions Strikes and Without notice of 14 days and Strike Notice of 14 days before a strike or lock-
Lockouts for Public Utility Services within 6 weeks. out. This notice is valid for a maximum
of 60 days.
No such restriction on industrial
establishments other then Public Utility Applies to all industrial establishment
Services. irrespective of Public Utility Services.

Prior permission of the government Industrial establishments in which not Establishments with not less than 300
for closure, lay-off and retrenchment less than 100 workmen workers
General restrictions on declaring strike

In breach of contract in the both public as well as non- public utility


services in the following circumstances mainly: -
• During the pendency of conciliation proceedings before a board and till the
expiry of 7 days after the conclusion of such proceedings;
• During the pendency and 2 months after the conclusion of proceedings
before a Labour court, Tribunal or National Tribunal;
• During the pendency and 2 months after the conclusion of arbitrator, when
a notification has been issued in such regard.
• During any period in which a settlement or award is in operation in respect
of any of the matter covered by the settlement or award.
General restrictions on declaring strike

This section because of its general nature of prohibition covers all


strikes irrespective of the subject matter of the dispute pending
before the authorities.
• In the case of General Industries during the pendency
of any conciliation proceedings before an conciliation
officer, strike or lockout can be resorted to.
• While dealing with public utility services provides that
no strikes or lockout can resort to if any conciliation
proceedings are pending before a conciliation officer.
Next Lecture 10-
Industrial Dispute
Act, 1947

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