24202203 industrial disputes act 1947

8/8/2019 24202203 Industrial Disputes Act 1947

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INDUSTRIAL DISPUTES ACT1947

OBJECTIVES - Promotion of measures ofsecuring, preserving Industrialharmony

Settlement of disputes between

Employer WorkmanEmployer - Employer

Workman - Workman

Rights of Registered Trade Union Prevention of illegal- Strike;Lockout

Promotion of collective bargaining

[Dimakuchi Tea Estate, In re:]


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INDUSTRY

Business, Trade, Undertaking,handicraft, avocation

Calling of employers

Bangalore Water Supply; In re :

SC enunciated three tests:-1. Systematic activity

2. Cooperation betweenemployer/employee [decisive test]

3. Production/distribution of goodscalculated to satisfy human acts

ExceptionCelestial bliss [making oflarge scaleprasad]


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INDUSTRIAL DISPUTE

Any dispute or difference between Employers and Employers

Employees and Workmen

Workmen and Workman Disputes may be connected with

Employment/Non employment

Terms of employment

Conditions of labour

[demand has to be made by workmen]


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WORKMAN

Any person employed for any Industryfor

Manual dismissedSkilled includes discharged

Unskilled retrenched

Technical, operationalClerical/supervisory

(upto Rs. 1,600/-)


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STRIKE & LOCKOUT

STRIKE LOCK OUT

Cessation of work

by a bodyof

persons[workman]

Concerted refusal

to work Duration & Time

of Strike -

immaterial

Temporary

closing of place

of employment

Refusal by

employer tocontinue to

employ


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LAY OFF RETRENCHMENT

Failure by employer

to provide

employment within 2

hours of presentinghimself for work

Condition -

50% wages

Termination of service

by employer for any

reason

ExceptionsDisciplinary dismissal,

Superannuation, VRS

Conditions

3 months` Notice

Period or Pay

Prior approval of Govt.


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INDUSTRIAL DISPUTE RESOLUTION

MECHANISM

Works Committee

Conciliation officer

IndustrialUndertaking

CG/State Govt.

Board

Labour court

Tribunal

Arbitral Tribunal AWARD


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UNFAIR LABOUR PRACTICES

Schedule VBY EMPLOYERS

1. To interfere with, threaten, restrain

from or coerce workmen, officebearers of TU in their rights to

organise join assist Trade

Union/Collective bargaining

2. Grating wage increment at crucial

periods to undermine TU

3. To dominate, interfere or contribute

support, financial or otherwise any TU


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Unfair Labour Practices

4. To establish employer sponsored TU

5. To encourage discourage membership of

any particular TU

6. To refuse promotion, refuse seniority,

refuse increment/promotion, discharge

or dismiss any worker taking part in

any TU activity or as victimisation

7. To abolish regular nature of workreplacing by contractual, recruit

workers to break a strike

8. To refuse collective bargaining


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BY EMPLOYEES/TRADE UNION

1. To advise or actively support or

instigate deemed illegal strike

2. To indulge in violation, coerce

workmen, picketing by physically

debarring non-striking workmen

from working

3. To refuse to bargain collectively


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4. To refuse or use coercion against

certification of bargaining

representative

5. To gherao, stage dharnaat the

residence of employers or managerialpersonnel

6. To incite or indulge in willful damage

employer`s property7. To hold out threats of intimidation

against any workman to prevent him

from attending work

24202203 industrial disputes act 1947

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