INDUSTRIAL DISPUTES ACT 1947

• INTRODUCTION• OBJECTIVES OF IDA 1947• APPLICABILITY OF IDA • STRIKES UNDER IDA • AIMS OF IDA

Industrial dispute means any dispute or difference between employers and employee, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms and conditions of employment or with the conditions of labour, of any person.

Citation Act No. 14 of 1947 Enacted by:- Central legislative Assembly Date Enacted:- 11 March 1947 Date Assembled to:- 11 March 1947 Date commenced:- 1 April 1947

•The Industrial Disputes Act 1947 extends to the whole of India and regulate Indian labour law so far as that concerns trade unions. •It is an act to make provisions for the investigation and settlement of industrial disputes and for certain other purposes.•This act replaces the trade disputes act of 1929.

Cont…

The objective of the Act is to make provisions for investigation and settlement of industrial disputes.

The main objective is to bring the conflicts between employer and employees to an amicable settlement.

The Act provides machinery for settlement of disputes, if dispute cannot be solved through collective bargaining.

To secure industrial place and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiation.

To maintain industrial relation's legislation in general are to maintain industrial peace, and to achieve economic justice.

The provision for payment of compensation to the workman on account of closure of lay off

The procedure for prior permissions of appropriate Government for laying off the workers or closing down industrial establishments .

Unfair labour practices on part of an employer or a trade union or workers.

The Industrial Disputes Act 1947 extends to the whole of India and regulate Indian labour law so far as that concerns trade unions.

It is an act to make provisions for the investigation and settlement of industrial disputes and for certain other purposes.

The laws apply only to the organized sector

The Industrial Disputes Act applies to every industrial establishment carrying on any business, trade, manufacture or distribution of goods and services irrespective of the number of workmen employed therein.

Every person employed in an establishment for hire or reward including

Contract labour, apprentices and part-time employees to do any manual, clerical, skilled, unskilled, technical, operational or supervisory work, is covered by this Act.

This Act though does not apply to persons mainly in managerial or administrative capacity, persons engaged in a supervisory capacity.

Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise there strike deemed to be an illegal strike. Section 22(1) of the Industrial  Dispute Act, 1947 put certain prohibitions on the right to strike. It provides that no person employed in public utility service shall go on strike in breach of contract.

The prosperity of any industry very much depends upon its growing production. Production is possible when the industry functions smoothly without any disturbances. This means industrial peace through harmonious relationship between labour and management. Therefore every industrial relations legislation necessarily aims at providing conditions congenial to the industrial peace.

The labour demands for fair return is expressed in varied forms; e.g. increase in wages, resistance to decrease in wages and grant of allowance and benefits etc. If a laborer wants to achieve these gains individually, he fails because of his weaker bargaining power against the sound economic footing of the management. Therefore, the economic struggle of labour with capital can be fought collectivity by organised labours.

The main aim is to settle these type of disputes.