Industrial dispute act 1947
Industrial Conflict Act, 1947
Industrial dispute refers to industrial dispute. When a quarrel or differences arise between employers and workers or between employers and employers or between workers and workers, it takes the form of an industrial dispute. This is the result of production taking place on a large scale through the use of modern machines and techniques. According to Section 2 (K) of the Industrial Disputes Act, 1947, industrial dispute refers to any dispute or dispute between employers and employers or between employers and workers or between workers and workers that the appointment or service of a person- Relate to the conditions of emancipation or employment or the conditions of labor. ”
Industrial disputes may be related to any of the following
(A) in relation to the appointment or discharge of a person, or
(B) In relation to the conditions of employment or
(C) Regarding conditions of labor
Case Law: Tremular Motors Ltd. In the dispute of the Mumbai Ottomobiles Employees Union, it has been decided that it is not necessary that the industrial dispute should be done by the person engaged in the work, but the workers freed from the work can also submit it under this Act.
Due to industrial disputes
Causes of Industrial Disputes
If indeed seen, the industrial dispute is a product of modern capitalism. As the size of production increased, capitalist practice flourished and the exploitation of workers increased, industrial disputes continued to arise when workers opposed it. For the convenience of the study, we can divide the causes of industrial dispute into the following four parts: (I) Economic reasons,
(II) Political reasons,
(Iii) Management related reasons and
(IV) Other reasons.
(1) Low waycs –
The industries where the wages of workers are so low that it is rare to meet even the minimum requirements of their lives are called the Industrial Conflict Act 1947 24, they resort to strike to increase their wage rate. As a result, industrial disputes arise.
(2) Fines and removal from work –
Sometimes employers improperly impose financial penalties on workers or expel them from their jobs. In protest against this, the workers go on strike. Due to this, industrial disputes arise.
(3) Demand of bonus and dearness allowances – Everyone knows that the prices of all commodities in India are increasing at a rapid pace. The most severe impact of this back-breaking inflation is on the workers, so they demand an increase in bonus and inflation. When the demand is not met, the workers resort to a strike. This increases industrial disputes. It is a matter of satisfaction that recently the Government of India has decided that 8.3% of the wages will be given to the workers as a bonus, irrespective of whether there is profit or loss in the factory. This is to prevent disputes.
(4) Unreasonable working conditions
On the basis of experience, it can be said that industrialists come and go in implementing the provisions of the Factories Act. Hence, workers resort to strike to improve working conditions and implement other provisions of the Factories Act.
(5) Protest of scintific management and pahialisation plans – opposition to scientific management and rationalization schemes.
It is natural for workers to be laid off initially due to the implementation of scientific management and rationalization schemes in factories. In protest, workers go on strike. For example, in 1955, in the cotton-textile mills of Kanpur, workers did an 80-day strike in protest against the implementation of the rationalization schemes.
(6) Defective policy of recrvitment of workers
Another important cause of the industrial dispute is the contaminated method of recruitment of workers in factories. Workers are recruited by contractors, masons, etc. intermediaries. They take bribe from the workers and exploit them as they wish. Hence, due to their behavior and tendency to exploit, the workers go on strike.
(7) Holidays and working hours
Many times industrial disputes also arise due to the employers not giving workers their holidays or taking work for more than the prescribed hours.
(8) छटनी (Retrenchmeat)-
Workers are laid off by the employer due to reduced work load, loss of industry, or any other reason, due to which industrial disputes also arise.
It is a matter of great regret that the leadership of workers and labor unions in India is in the hands of non-workers or partisan political parties. Congress on some
The Industrial Act, 25, is dominated by Communists and some by Socialists. These parties seduce the workers for their selfishness and borrow their feelings and strike them arbitrarily.
- Trade union movement –
History is a witness to the fact that industrial disputes have started since the establishment of labor unions in India. Earlier, industrial disputes were only nominal. Both the industrialist and the labor union run from the beginning considering themselves as enemies of each other.
Sometimes the workers of an industrial undertaking strike themselves in sympathy with the strike done by the workers of any other industrial undertaking or undertaking. Thus gradually it takes the form of a large industrial dispute.
- In opposition to government policy (Agaisnt the govt. Policiyes) –
If workers consider any policy or rule declared by the government as adverse to their interests, they immediately resort to strikes to express their opposition, and thus industrial disputes arise.
- Against the death or arrest of a labor leader.
Sometimes industrial disputes arise on the death or arrest of a major leader of the country’s labor economy. The Indian labor-union movement is replete with such examples.
- Affairs to trade union affiliation –
Labor unions established in industries pressurize industrialists to give recognition. Industrial disputes arise when industrialists refuse to recognize them. Not only this, sometimes more than one trade union is established in the same large industrial unit and pressurize the industrialist to give them recognition. Industrial disputes also arise when industrialists refuse to recognize them or give recognition to any one and deny the rest.
Reasons for management
(1) Under management of management
Managers harass and mistreat workers in various ways, resulting in industrial disputes.
(2) Unsafis factory concepts –
Sometimes employers take a number of steps (eg shortening of holidays, job instability, retrenchment of workers, lockouts and work longer than workers, etc.), which arouse a feeling of discontent among workers. is. Industrial disputes arise as a result.
The Industrial Conflict Act 1947 26 is more ignorant. They cannot think of their good or evil themselves. As a result, they become puppets in the hands of some selfish individuals who awaken their sense of bitterness and disharmony towards the mill owners and prove their selfishness by taking a strike.
Today’s labor is a vigilant labor, so he wants a share in the benefits of the industry in addition to his wages. When they are opposed by the industrialists, the working class gets organized and resorts to strikes, causing industrial disputes.
(5) Undue behavior of supervisior
The supervisors who are appointed to look after the work of the workers, treat the workers inhumanely, against which the workers resort to the strike.
(6) Defecive policy of recruitment
India has a corrupt system of labor recruitment in factories. Workers are recruited through javers and contractors, who exploit them arbitrarily, so in protest against this, workers resort to strike and thus industrial disputes arise.
In addition to the above reasons (i) the communist ideology stream spreading among the workers; (ii) Instability of cooperative policy and untimely announcements of cheap leaders; (iii) a constantly rising price level; (iv) conflict between labor unions; (v) Labor-unions not being recognized by the owners; (vi) Industrial disputes also arise due to the presence of labor unions among the labor unions competing for representation, and (vii) insulting the leaders of the labor unions, etc.
Question 2 Explain the Act in relation to preventing and compromising industrial conflicts in India.
Answer – One of the objectives of the Indian Industrial Disputes Act, 1947 is to set up appropriate mechanisms for settling industrial disputes. For this, it is necessary that a Working Committee, Inquiry Court, Labor Court, etc. should be constituted and proper rights should be given to them, so that they can carry out their work in an effective manner. Under the Indian Industrial Conflicts Act, 1947, a settlement mechanism has been made for the settlement of industrial conflicts, which has been divided into two parts.
1: To investigate the reasons
2. To provide justice (A) Equipment to check industrial conflicts
The following devices are used to check industrial conflicts.
(1) Establishment of workshop committee
According to Section 3 of the Act, in all those industrial institutions in which the Industrial Act / 27 or more workers are appointed or appointed on any day in the last 12 months, the employer of such institution shall be constituted by appropriate government general or special order to form a maritime committee. Can order A working committee is constituted in which there are equal number of representatives of the workers and workers. Tomorrow the maximum number of members will be 20. His Chairman is an impartial person. If there is any registered labor treaty under the Indian Labor Act, 1926 in that industry, the workers’ representatives will be elected on its advice.
(2) Conciliation Officer-
As per Section 4 of the Act, “Appointment of Settlement Officer may publish as many number of Settlement Officers as may be required by the appropriate Government by publishing a notification in the Official Gazette and whose duty it is to promote industrial disputes and encourage arbitration.
(3) Board of Conciliation –
As per Section 5 of the Act, the appropriate government may form a Board of Conciliation on an ad-hoc basis by declaration in the Gazette to deal with mutual conflicts between the employer and the workers. This board consists of a chairman (independent person) and 2 and 4 other members. Individuals on both sides try to negotiate a settlement through mutual arguments and if agreement is not reached. So the board prepares a detailed report of its decision, and sends it to higher officials within 2 months.
(4) Court of Inquiry
Under Section 6 of the Act, the appropriate government may, if it considers necessary, establish a Court of Inquiry to inquire into the cause of the dispute. Courts of inquiry are usually one-member. After these investigations, these investigating courts send their reports along with the facts related to the investigation to the government within 6 months of the commencement of the investigation, on which the government takes further action.
Machinery to give Justice
The following mechanisms are used to provide justice
(1) Labor Court
According to Section 7 of the Act, the appropriate government can appoint the Labor Ministry to pass judgment on the industrial dispute related to the subjects mentioned in Schedule 2. Only one 15 to be appointed to the Labor Court are practicable. The following are the qualification conditions of a Judge of the Labor Court
(i) He is or has been a Judge of a High Court, or
(ii) He should have been working for the post of District Judge or Additional District Judge for at least 3 years.
(III) He has been the chairman or member of the Labor Appellate Tribunal or other tribunal for two years, has done, or
(iv) He has served as a Judge in any court in India for at least 7 years.
(4 ) He has been the Chairman of any Labor Court constituted under any State Act for at least 5 years for Industrial Conflict Act, 1947 28.
(2) Industrial Tribunal –
According to section 7 (a) of the Act, the appropriate government can establish an industrial tribunal by issuing a notification in the official gazette to give a decision in respect of the subjects mentioned in schedule 2 or 3. It will be a single member only. Its eligibility conditions are as follows
(i) He has been a Judge of the High Court, or
(ii) He should have been the Chairman of the Labor Appellate Tribunal appointed under the Industrial Disputes (Appellate Tribunal) Act, 1950 for at least two years.
(3) National Tribunal –
According to Section 7 (b) of the Act, the National Tribunal is set up by the Central Government to solve problems of national importance or to deal with problems which affect more than one state. Only one person is appointed in it. His qualification should be as follows.
(i) He is or has been a Judge of the High Court,
(ii) He has been the Chairman of the Labor Appellate Tribunal appointed under the Industrial Disputes (Appellate-Tribunal) Act, 1950 for at least 2 years.
According to Section 10 (A) of the Act, wherever industrial disputes exist or are likely to arise and the servicemen and workers agree to refer them to the arbitrator, then they should refer such disputes to a Labor Court Tribunal or National Tribunal. The former can, at any time, by a written agreement, direct him to the arbitrator’s decision. Such direction shall be made before the Panch or Panches as directed in the Panch Decision Agreement. According to the amended act 1964, if the number of punches in the arbitration agreement is even (2,4,6), such agreement provides for the appointment of an arbitrator (Umpire).
The Panch Decision Agreement shall be in the prescribed format and shall be signed by the parties in the prescribed manner. A copy of the Punch Decision Agreement will be sent to the appropriate government and conciliation officer. The government will publish it in the gazette within a month. After investigating the Panch dispute, they will sign their decision and present it to the appropriate government.
Rights of powers to settle disputes
According to Section 11 of the Industrial Disputes Act, 1947, the Settlement Officer, Board of Conciliation, Labor Court, Industrial Tribunal, National Tribunal etc.
Industrial Act / 29 rights have been given.
Powers of Authoritics for the Settlements of Disputes
According to Section 11 of the Industrial Disputes Act, the following rights have been given to the Board of Conciliation, Labor Court, Industrial Tribunal, National Tribunal etc.
(1) Powers to enter in the Institution
A conciliation officer, a member of a board or court and the president of a labor court, tribunal or national tribunal has the right to enter into any part of the institution related to the debate to provide information for the purpose of investigating an industrial dispute.
(2) Powers of Civil Court
He has all the rights of civil court in the following cases.
(i) To examine a person on oath and compel him to appear in person.
(ii) To force the submission of forms and other material.
(iii) Appointment of commission for taking statements of witnesses.
(iv) in other fixed cases for which they have been prescribed.
(3) Power to examine documents (Power to Examine the Documents) –
The conciliation officer has the right to ask for and see any document which he considers necessary for the implementation of the judgment or for other duties to be considered in relation to the industrial conflict or to see it. In this regard, he has all the rights of civil court. …
(4) Power to Appoint the Valuers –
A court, labor court, industrial tribunal or national tribunal has the power, if they deem necessary, to appoint one or more appraisers to consult in the matter under consideration.
(5) Power of Public Servant –
According to Section 21 of the Indian Penal Code, all conciliation officers, members of the Board or Court and the Chairmen of the Labor Court, Tribunal or National Tribunal shall be treated as public servants and hence have all the rights of public servants.
(6) Power of Imposing the Responsibility to Bear the Expenses
Who and under what conditions should bear the expenses of the proceedings carried out under the proposed Act, it will be decided by them.
Duties of powers to settle disputes
Duties of Authorities or Settlement of Disputes
Settlement of Disputes under the Industrial Disputes Act, 1947
The following duties of the Industrial Conflicts Act, 194730 powers have been explained:
(1) Duties of Conciliation Authorities —-
According to Section 12 of the Act, the following are the principal duties of the conciliation officer
(i) To take necessary action in the event of any industrial dispute arising or apprehension thereof.
(ii) To seek an agreement between the parties related to the dispute by conducting an immediate investigation into the dispute.
(iii) To send its report to the government with a memorandum of understanding (Memorandum) signed by both the parties when the agreement is reached.
(iv) If agreement is not reached, then send your report to the government, including the facts due to the dispute, the details of the efforts made for the settlement and the agreement. Reasons may have been highlighted.
(2) Duties of Conciliation Board
According to Section 13 of the Act, the following are the main duties of the Board of Conciliation
(i) Making efforts to reach a compromise between the parties involved in the industrial dispute.
(ii) To investigate and take appropriate action in relation to the dispute.
(iii) To send their report along with the signed MoU of both the parties once the agreement is reached.
(iv) Send a report to the government, if the agreement is not reached, which highlights the reasons for the dispute, the facts, the details of the efforts made for compromise and the reasons for the non-agreement.
The Settlement Board should submit its report within two months.
(3) Duties of Court of Inquiry
According to Section 14 of the Act, if a matter is directed to the Inquiry Court, the following duties of the Inquiry Court will be
(i) Intensive investigation of the subject presented.
(ii) To submit its report to the government within 6 months of handing over the dispute.
(4) Duties of Labor Court. Tribunal and National Tribunal – Labor Court, Tribunal and National Tribunal
As per section 15 of the Act. They will have the following duties
(i) To complete the proceedings at the earliest
(ii) To send their decision to the Government as soon as possible after their termination.
Meaning of strike
Meaning of Strike
In simple terms, ‘strike’ means the working class employed in an industry to stop work together or refuse to accept work in a coordinated manner.
According to Section 2 (Q) of the Industrial Disputes Act – ‘strike’ means (1) the collective closure of employees employed in an industry or (ii) the refusal by the labor force to continue the work or collectively Refusal to accept employment is from refusal.
Signs of strike
Characteristics of Strikes
The following are the symptoms of a strike
- Workers should strike in any industry.
- Both parties should be workers and employers.
- The strike should be done by all workers or their groups.
- Work must be closed collectively or jointly.
- There should be a definite purpose for the strike.
- The strike should be under a simple agreement.
- It is not necessary to be absent from work for the strike.
- Work should be stopped.
- The strike should be held in the same industrial institution where the workers have common purpose and are working.
Forms of Strike
The following forms of strike can be-
- General strike
- ‘Delay’ strike,
- ‘Work slow’ strike,
- hunger strike,
- Sympathy strike,
- Symbol strike.
Meaning of Lockout
In general terms, lockout refers to the closure of the place of work by an employer in an industry or not giving work to the working class.
According to Section 2 (L) of the Industrial Disputes Act, the lockout by a serviceman to close a place of employment or refuse to give work to any number of persons appointed for work is called lockout. Lockout is also called factory closure.
The following are not lockouts
- Institution to be closed for ever.
(ii) Delay due to installation of new machines.
(iii) Work stoppage due to uncontrolled conditions.
(iv) Lockdown due to illegal strike
Conflict Act 19.1 34 Signs of inability to work
Characteristics of Lay-OFF
(i) The name of the concerned laborer is required to be mentioned in the attendance register of the industrial institute.
(ii) The concerned labor has not been retrenched.
(iii) Inability to deliver work is temporary, not permanent.
(iv) Inability to work is due to any specific reasons, such as lack of coal, lack of power, shortage of raw materials, excessive stock accumulation, breakdown of machine or any specific reason.
(v) The employer is unable or ineligible to give work to the worker.
Due to inability to work
Cause of Lay-Off
Work can be refused in the following cases
- Lack of electricity, water and power,
- Government intervention,
- Lack of raw materials,
- Occurrence of natural phenomena,
- Machines damaged,
- Excess collection of goods.
The inability to perform tasks is always temporary. According to an amendment 25 (M) in 1976, no laborer whose name is mentioned in the attendance register of the institute is returned from the work without the permission of such officer as specified by the above government by the memorandum in the official gazette, Provided that the reason for returning from work is not the natural calamity or lack of power.
Meaning of Retreachment
Retrenchment refers to termination of services of labor by the employer. As per Section 2 of the Industrial Disputes Amendment Act, 1984, ‘retrenchment’ means the termination of service by the employer of a worker in addition to the disciplinary penalty but termination of service is not retrenched in the following circumstances.
(i) Voluntary retirement by a worker.
(ii) Retirement at the end of the age limit under the employment contract made with the employer.
(iii) On termination of service from the end of that period, if the appointment is made under a contract for a fixed period and that period is not renewed.
(iv) Termination of service by termination of contract according to the terms of the contract.
(v) Termination of service of labor due to continuous bad health.
Industrial Acts 35. Causes of Retreachment
There may be the following reasons for retrenchment –
- Excess employees
- Shortage of raw materials.
- Modernization of machines. . (iv) closure of a particular unit.
- Take it
- Continuous loss.
- Lack of power tools.
Right to compensate workers in case of inability to work
Right of Workmen for Compensation in Case of Lay-off
According to Section 25 (C) of the Act, if the work, whose name is registered in the attendance register, is not given work, then the basic wages and dearness allowance for the days of non-employment to the employer (except for weekly holidays). 50% will be provided as compensation provided that the laborer has been working for that year for one year. However, the amount of compensation to the laborer will not be given more than 35 days in a period of 12 months.
According to Section 25 (E) of the Act, in the following cases the worker will not have the right to get compensation
(i) If a laborer refuses to accept other work assigned to him in the same industrial institution or in another institution of the same employer not located more than 5 miles from the first institution,
(ii) He does not appear at the Institute at least once a day during normal working hours, and
(iii) If workers of any part of it are forbidden to work due to strike or tendency to ‘work slowly’. .
Provisions Regarding Lay-off
According to Section 25 (F) of the Act, any worker who has been working continuously for at least one year under any employer in any industry, retrenchment
Can be done as per the following conditions
(i) The laborer should be given a written notice of one month or payment of wages should be made in advance for the notice period.
(ii) The employee should be paid a compensation of 15 days per full year for full year services. Industrial Conflict Act 1947 36
(iii) The notice of giving notice or payment to the laborer should be sent to the government within 3 days.
A worker who has worked for 40 days in a full year will be considered as one year of service.
Compensation to Workers in Case of Transfer to Undertaking in case of transfer of undertaking
According to section 25 (2F) of the Act, “in such institutions where ownership or management has been transferred, every person who is in continuous employment and has worked for one full year from this transfer, he shall inform and indemnify as per rules. Will be entitled to receive Worker will not receive compensation under the following conditions
- If his services are broken somewhere in between.
(ii) Terms and conditions of his services are not bad in the present employment.
(iii) The employer receiving the transfer is liable to pay compensation at the time of retrenchment of the workers according to the terms of the transfer.
Institute of compensate workers in case of closure ( Co Mpensation T O Workers In Ca Se Of Windingup Of Undertaking)
According to Section 25 (2F) of the Act, if an institution is about to be closed, every worker who has worked for at least one year will be entitled to information and compensation as per Section 25 (F), but if the institute If this ceases due to mandatory reasons for which the employer has no control, then the compensation to the laborer will be equal to the average wage of more than 6 months.
Procedure of Retrenchment
According to Section 25 (G) of the Act, if there is no agreement between the workers and the employers regarding the retrenchment, the service person will first lay off the person who comes later. If the employer retrenches another person, he will have to give written reasons.
Reappointment of laid off workers
Re-employment of Retreached Workers
According to Section 25 (H) of the Act, whenever vacancies are declared after retrenchment, the servicemen will give priority to re-employing the laid off workers.
Industrial Act 37 Industrial Disputes Act,
In 1947, the Sogic Disputes (Amendment) Act, 1976 was passed by a significant amendment in 1976, which came into force from 16 February 1976 as a new chapter VB has been added to the Act which contains sections 25K. Under these sections, retrenchment and work-out allowances have been prohibited from giving work to workers in some specific institutions. In the present chapter, the DPS and the amendments given in 1983 have also been included in place. The amendments made in 1007 were implemented from August 1, 1984. As a result of this, the employer will no longer be unable to lay off, lay off and work in certain institutions without the prior permission of the appropriate government. And because of this, the morale of the workers will rise and the production will increase and industrial peace will be established in the country.
Where the Industrial Disputes (Amendment) Act will apply:
This provision will be applicable to those industrial institutions in which at least 100 workers have been employed daily in the last 12 months, but these provisions will not be applicable to the following institutions.
(A) Industrial Institutions of Seasonal Character: or (B) in which there is an internittently (ie, the work is not continuous).
In case of dispute, the decision of the appropriate government – where the dispute arises whether the institute is of seasonal nature or intermittent work or not. The decision of the appropriate government in this regard will be final there.
Prohibition of forced leave or pre-conditions
(1) Get the pre permission of sepeified officer
Any laborer working in an industrial institution whose name is written in the attendance register of the institute without the prior permission of the designated officer or inability to give the work will not be allowed to leave. But if it is to be done due to lack of power or due to natural distress or due to fire, flood or too much avalanche gas in relation to the mine, then this will be an exception. But if forcible discharge in the mine is due to lack of any existing power due to fire, flood. Highly flammable gas or material, then in this case it will be necessary to take prior written permission.
Depending on the format (Sepeified format) –
After receiving the permission, a letter will be given by the employer to the designated officer in a prescribed format and the reasons for the work will be clearly mentioned in it. A copy of this application (bimultaneouslv) will also be provided to the workers concerned.
Applied of time limit bar –
If a mine is left out of the workers’ replacement or casual workers in the Industrial Conflicts Act, 19. 38) Sub-section (1) m77 Causes (gas or explosion after fire) Forced stick then forced stick start han. Fifth, within 5 days, an application may be made by the employer to the officer referred to in sub-section (i) to extend the period of forced leave. [Section 25-M (3)]
On receipt of the said application, the prescribed officer has the right to accept or reject the application for this permission, after giving due reasons in writing, after giving due inquiry. A copy of such order will have to be given to the employer and the employee concerned. [Section 25-M (4)]
On acceptance and not acceptanec under 60 days applied data within 60 days from the date of application.
If the specified officer does not give notice of acceptance or rejection to the employer within 60 days from the date of the above application, then after the 60-day period has passed, it will be presumed that permission has been given. [Section 25-M (5).
On refuse on probibition of lay-off
If the above government or designated officer has forcibly refused permission for leave, then this permission or denial will be binding on all the parties concerned and it
The order will remain in effect for one year from the date of such order. Section 25-M (6)]
Handover o judicial or rethink
The aforesaid government or designated officer either himself or the employer may reconsider the permission of forcible leave or the order of information on the application given by a laborer or submit it to the tribunal which will give its decision within 30 days. [Section 25-M (7)]
Forced leave invalid if not applied within the prescribed period (Applied is not due time prohibition lay off ilegal) –
If an application for prior permission of forced leave has not been made or for reasons specified in mining institutions, forced leave will be treated as illegal. In such a situation, the forcibly discharged worker shall have the right to receive all the benefits as if he was not forcibly discharged. Section 25-M (8)]
Right of discount given –
If the appropriate government is satisfied due to exceptional circumstances or due to accident in the institute or due to the death of the employer or for other similar reasons and it is considered appropriate to do so, it may, by its order, obtain prior permission to leave the institution for a certain period of time Can be exempted from following the relevant provisions. Section 25-M (9).
Provision of section 25-C to be applied (Provision follow to section 25 (c)) –
The provisions of Section 25: C (except for the provision of reducing the amount of compensation for denial of work from retrenchment) shall also apply to denial of award of work referenced in this section. [Section 25-M (10)]
Industrial Adinia: pre-conditions trimmed 39 workers ( Conditions Precedent To Retrenchment Of Workmen) [Section 25-N]
(1) A worker appointed in any industrial institution to which this chapter applies, who has been in continuous service for at least 1 year under an employer, shall be retrenched by the employer subject to the following conditions only. can be done
(A) the information has been given stating the reasons for retrenchment of the labor and the notice has passed, or the labor has been paid wages for the period of notice; And
(B) Prior permission of the appropriate government or designated officer has been obtained by the application form. (2) An application for permission under sub-section (1) shall be given by the employer clearly stating the reasons for retrenchment and a copy of the same shall be given to the concerned labor at the same time.
(3) Where an application for an order has been made under sub-section (1), after the appropriate Government or designated officer has been examined and given the opportunity to hear the parties concerned, the acceptance or rejection of such order by the order. Can provide
(4) Where an application for order has been given under sub-section (1) and the appropriate government or the designated officer does not conduct the order to the employer within 60 days from the date of application, the period shall pass. It will be assumed that the order has been accepted!
(5) The order of the appropriate government or designated officer shall be final under the provisions of sub-section (6) and shall be binding on all the parties concerned and shall remain in operation for one year from the date of the order.
(6) The appropriate government or designated officer may reconsider the order on the application given by himself or the employer, or direct the matter to the tribunal.
(7) Where an application for an order under sub-section (1) has not been given, or where such order has been refused, such retrenchment shall be deemed to be unlawful and shall be entitled to all benefits.
(8) The appropriate government may, if it is satisfied that it is required to do so on account of special circumstances in the institution, may direct by order that the provisions of sub-section (1) shall not apply for the period specified for such institution. .
Questions 1. What are the objectives of the Industrial Conflict Act, 1947.
The basic objective of the Post-Industrial Conflict Act, 1947 is to make the relations of workers and servicemen cozy and at the same time build a class system so that disputes can be resolved and differences do not arise between workers and managers. The basic objectives of this act are as follows:
(i) To establish a cordial and friendly relationship between the workers and the employer and try to maintain them. .
(ii) To create such a system by providing the right to form an organization between the worker and the worker, between the worker and the worker, between the worker and the worker, for the purpose of investigation, dispute resolution and compromise. To be fulfilled –
(iii) Prevention of industrial evils such as illegal strike and lockouts
(iv) To try to provide relief from the situation arising out of forced leave or retrenchment of workers.
(v) To provide workers with the right to collective bargaining and encourage them for this.
(vi) Do not let industrial production fall due to labor unrest.
(vii) To establish industrial peace in the country.
In India, the Labor Appellate Tribunal gave the following objectives of the Industrial Disputes Act while giving a ‘decision’ in a dispute.
- To remove conflicts between employers and workers.
- Do not allow strikes and locks.
- To establish industrial power in the country.
(iv) Not to let the industrial production of the country decrease due to unrest among the workers.
Question 2. Explain the difference between the Working Committee and the Board of Conciliation.
Industrial Conflict Act 19.1 42 Hence industrial power gets dissolved, production starts decreasing, production expenditure continuously increases and poor labor has to face severe economic difficulties due to reduction in income. Not only this, due to lack of daily working commodities in the market, four markets are dominated, due to which consumers also face many difficulties. In short, industrial disputes resulted in the peace of the entire nation. There is a Bhaga, in which no one is benefited. Today our nation is moving rapidly towards industrialization. Industrial peace is most needed. This is possible only when industrial disputes do not arise. Therefore, to prevent these, the Industrial Disputes Act, 1947 was passed in our country.
Question 4. What are the persons who are bound by the Settlement under the Industrial Conflict Act, 1947, and the Panch decision?
Answer – Parties are bound by Settlement and Awards
(1) Mutual Agreement – Settlement under the agreement between the workers and workers, except for the stay during the settlement proceedings, will be binding on the reasons for the stay.
(2) Panch Decisions – A Panch Judgment which has become enforceable shall be binding for the parties who have made a stay and submit the Panch or Panchas for settlement of the dispute.
(3) Settlements and decisions – Settlement made by the Settlement Officer or the Board shall be binding on the following parties or persons if the decision made by the Labor Court or the Industrial or National Tribunal is enforceable.
(i) All parties to the industrial dispute.
(ii) All parties who have been ordered to be present as a party during the proceedings.
(iii) If the party is an employer, then his descendants, successors or. The mortgagor will also be binding.
(iv) If the party is a labor community, the dispute shall also be binding on the person to be appointed in the institute or any part thereof from the date of delivery. The benefit of the settlement or decision is not only the parties to the immediate dispute, but also the latter. All parties to be appointed are given.
Question 5. Give the definition of the term public utility service. What restrictions are put on strike and lockout in it.
According to Section 2 (N) of the Post-Industrial Disputes Act, 1947, public utility services means the following services.
(i) Railway service or air transport service that carries passengers or goods from one place to another.
(1) That experience of an industrial institution. The ability of which should be the security of the safety of the institute or the workers.
(ii) Postal telegraph and telephone services.
(iii) Any industry which caters to the water, power and electricity needs of the people.
(iv) Any sewage vehicle or cleaning system for public health.
(v) Any industry mentioned in the first list, which has been declared public utility, under such industry
(1) Transport, other than railways) which bring and carry passengers or goods by water or land route; (2) banking, (3) coal, (4) cement, (5) cotton textile industry, (6) food materials, (7) iron and steel, (8) immune institutions. (9) Services in hospitals and hospitals, (10) Fire fighting services, (11) Government mint, (12) Bharat Suraksha Prasad, (13) copper, lead, zinc, quarry, (14) oil field service, ( 15) Service or work related to the big port.
The government declares such industries in the gazette. According to Section 22 (1) of the Restriction on Strike in Public Utility Services Act, no person employed in a public utility service can strike unless the contract is dissolved unless
(i) The strike has not been communicated to the service planners 6 weeks before the strike,
(ii) 14 days have elapsed after giving such notice, or (iii) the date of commencement of strike specified in any such notice is not over;
(iv) Any conciliation proceeding before a conciliation officer is under consideration and at least 7 days shall not lapse after the conclusion of such conciliation proceedings.
Restriction on public service
Lockout in Public Utility Services)
According to Section 22 (2) of the Act – no person conducting public utility service shall lockout unless –
(i) The lockout has not been reported to the workers 6 months before the lockout,
(ii) 14 days have elapsed after giving such notice, or
(iii) The date of commencement of lockout specified in such notice has not expired, or
(iv) Any settlement proceeding before a conciliation officer is under consideration and at least 7 days shall not lapse after the conclusion of such conciliation proceeding .