Industrial Dispute Act

Topics: Trade union, Court, Employment Pages: 2 (398 words) Published: March 26, 2011
Industrial Disputes Act, 1947

Industrial Disputes Act, 1947
Preamble: “ To make provisions for investigations and settlement of industrial disputes”. Objects as analysed by the Supreme Court: a. Promotion of measures for securing amity and good relations between employer and employee

b. Investigation and settlement of disputes between employers and employers, employers and employees and employees and employees c. Prevention of illegal strikes and lock-outs d. Relief to workmen in matters of lay-off, retrenchment and closure

e. Collective bargaining f. Setting up of authorities such as Works Committee, Conciliation Officers, Board of Conciliation, Courts of Enquiry, Labour Courts and Tribunals etc. are provided for settlement of industrial disputes and enduring industrial peace

Important Terminologies
• • • • • • Appropriate Government: Sec 2(a) of the I.D Act defines Industries carried on by or under the authority of the Central Govt –central govt is the appropriate govt Industries listed in the definition central Govt is the appropriate Govt For other industries State Govt is the appropriate Govt Meaning of carried on by the C.G Meaning of carried under the authority of the C.G

Award: means an interim or a final determination of any industrial dispute or any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A. Closure – means the permanent closing down of a place of business/employment or part thereof.

Industry (Section 2(k)
• “Industry” means any business ,trade, undertaking, or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. • BWSSB v. Rajappa (1978) 2 SCC 213 - Wide interpretation to the term 'industry' was given - Profit motive or a desire to generate income is not necessary

- “Any systematic activity organized by cooperation between employer...
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