Industrial dispute act 1947

Embed Code Embed Code Copied...

strike and lockout in labour law are the actions taken by the employees and employers respectively to fulfil their demands. The strike is the remedy for employees while the lockout is the remedy is for the employer of the company or industry. In the struggle between the employers and employees, lockout and strikes work as weapons. Strike makes an effect on the production in the industry whereas the lockout makes an effect on the salary of the employees. Law gives the room for strike and lockout to place in the industry. But both must be peaceful and must fulfil the conditions of the Industrial dispute act, 1947. Here, we will discuss what is strike or lockout, strike and lockout under the industrial dispute act, the definition of strike and lockout, illegal strike and lockout and lockout and strike difference. Section 2(Q) of the industrial dispute act, 1947 defines the Strike that ‘Strike is a temporary cessation of the work by the group of the employees of the industry with the same intention to stop the work. The strike means the refusal of work that is decided by the association of a group of employees or workers. It is done by the workers to get their necessary demands fulfilled by the employer of the company or industry. The strike includes: • Willingfull suspension of work. • It is a temporary withdrawal of the workers from the work. • The workers can do the strike outside or inside of the workplace. • the common understanding for the suspension of work should be pr...

Industrial disputes are collective dissent and protest against the terms and conditions of employment and work. In the Industrial Disputes Act, 1947, an Industrial dispute means “Difference between employer and employer or between employer and workmen or between workmen and workmen, or any dispute among these which are related to the employment or non-employment or terms and conditions of employment of any person”. Practically, Industrial dispute primarily refers to the disengagement between employers and their employees. It is not a personal dispute of any one person. It engages a large number of workers’ association having a correlated interest. 3 Solved Example on Indian Industrial Disputes Act, 1947 Institution for settlement of Industrial Disputes Conciliation: It refers to the process in which representatives of employees and employers come together to a third party in a view to discuss the dispute and reconcile their differences and conclude to an agreement by mutual consent. In this process the third party known as a facilitator. In this type of dispute, the state intervenes for the settlement process. This act gives power to the Central & • To conduct proceedings of conciliation in a view to conclude the settlement between concerned parties amicably. • Send the settlement report and a memorandum to the appropriate government. • Send a report to the government regarding what steps taken by him in case the process of settlement does not come to an end. • However, th...

Table of Contents • • • • • • • • • • • • • • • • Introduction Mergers and Acquisitions are a way for companies to pool their resources and thereby create an even bigger outcome. One of the key resources that are transferred in a merger and acquisition transaction is the human resource. Human resources when compared to other resources have to be taken care of properly.  There are many rules and regulations on the use of human resources, especially that of workmen. These rules are made to protect their rights. One of the most important laws that govern companies’ work is the Industrial Disputes Act. The Industrial Disputes Act Disputes Act plays an important role in mergers and acquisitions. Certain provisions in the Industrial Disputes Act are relevant in the case of mergers and acquisitions. It gives a sense of protection for the workers as well and ensures the smooth integration of resources. The Industrial Disputes Act an overview The Industrial Disputes Act Disputes Act came into force in 1947. The Act was enacted to make provisions for the prevention and settlement of industrial disputes and providing certain safeguards to the workers. The statute attempts to reduce labour-management conflicts by providing economic and social justice. The Industrial Disputes Act Disputes Act 1947 provides for certain ways to deal with how employees have to be treated at the time of integration. Some basic features of the act are : • It promotes arbitration over litigation betwe...

2. Works Committee : Section 3 of the Industrial Dispute Act,1947 provides for the constitution of Works Committees. The expression 'Works Committee'denotes "A committee comprising of representatives from both the parties (for example employer and their employees) to the Dispute.The appropriate government is empowered to prescribe that works committee should be constituted in every industrial establishment employing 100 or more workers. 3. The Purpose of Creating Works Committee The main purpose of creating the Works committee is to develop a sense of partnership between the employee and his workmen 4. Constitution of Works Committee (1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926). 5. Duties and Functions of the Works Committee It shall be the duty of the Works C...

Indian Legal System > Industrialization in a country has always contributed to employment, contribution to national income, per capita income, exports and economic development on one side and industrial disputes on the other. For the industrial growth, there must be peace and harmony is a prerequisite. The Conflict between the employees and employers is inherent in industrial society. The Industrial Disputes Act was enacted to provide machinery and forum for the settlement of such conflicting and seemingly irreconcilable interests without disturbing the peace and the harmony in industry. The Act provides social justice to both employees and employers. The Directive Principles of State Policy enshrined in Part IV of our Constitution, the supreme lex, are not “pious declarations” but “instruments of instructions” which command every government in power to promote the wellbeing and the interests of the underdog, namely, the working class. Many of these Directive Principles seek to establish a social order where “Justice-social, economic and political” shall be assured to all, especially, the working class. Consequently, the labour laws enacted to protect and promote the interests of the workers should be accorded a pivotal position in our Legal System. According to Section 2(k) of the Industrial Disputes Act, “industrial dispute” means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected...

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. Citation Enactedby Enacted 11 March 1947 Assentedto 11 March 1947 Commenced 1 April 1947 Repealed by Status: The Industrial Disputes Act, 1947 extended to the whole of Objectives [ ] An act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing mechanism and procedure for the investigation and settlement of The laws apply only to the organised sector. Chapter V talks about the most important and often in news topic of 'Strikes and Lockouts'. It talks about the Regulation of strikes and lockouts and the proper procedure which is to be followed to make it a Legal instrument of 'Economic Coercion' either by the Employer or by the Workmen. Chapter V-B, introduced by an amendment in 1976, requires firms employing 300 or more workers to obtain government permission for layoffs, retrenchments and closures. A further amendment in 1982 (which took effect in 1984) expanded its ambit by reducing the threshold to 100 workers. The Act also lays down: • The provision for payment of • The procedure for prior permission of appropriate Government for laying off or retrenching the workers or closing down industrial establishments • Unfair labour practices on part of an employer or a Applicability [ ] The Industrial Disput...

strike and lockout in labour law are the actions taken by the employees and employers respectively to fulfil their demands. The strike is the remedy for employees while the lockout is the remedy is for the employer of the company or industry. In the struggle between the employers and employees, lockout and strikes work as weapons. Strike makes an effect on the production in the industry whereas the lockout makes an effect on the salary of the employees. Law gives the room for strike and lockout to place in the industry. But both must be peaceful and must fulfil the conditions of the Industrial dispute act, 1947. Here, we will discuss what is strike or lockout, strike and lockout under the industrial dispute act, the definition of strike and lockout, illegal strike and lockout and lockout and strike difference. Section 2(Q) of the industrial dispute act, 1947 defines the Strike that ‘Strike is a temporary cessation of the work by the group of the employees of the industry with the same intention to stop the work. The strike means the refusal of work that is decided by the association of a group of employees or workers. It is done by the workers to get their necessary demands fulfilled by the employer of the company or industry. The strike includes: • Willingfull suspension of work. • It is a temporary withdrawal of the workers from the work. • The workers can do the strike outside or inside of the workplace. • the common understanding for the suspension of work should be pr...

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. Citation Enactedby Enacted 11 March 1947 Assentedto 11 March 1947 Commenced 1 April 1947 Repealed by Status: The Industrial Disputes Act, 1947 extended to the whole of Objectives [ ] An act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing mechanism and procedure for the investigation and settlement of The laws apply only to the organised sector. Chapter V talks about the most important and often in news topic of 'Strikes and Lockouts'. It talks about the Regulation of strikes and lockouts and the proper procedure which is to be followed to make it a Legal instrument of 'Economic Coercion' either by the Employer or by the Workmen. Chapter V-B, introduced by an amendment in 1976, requires firms employing 300 or more workers to obtain government permission for layoffs, retrenchments and closures. A further amendment in 1982 (which took effect in 1984) expanded its ambit by reducing the threshold to 100 workers. The Act also lays down: • The provision for payment of • The procedure for prior permission of appropriate Government for laying off or retrenching the workers or closing down industrial establishments • Unfair labour practices on part of an employer or a Applicability [ ] The Industrial Disput...

Indian Legal System > Industrialization in a country has always contributed to employment, contribution to national income, per capita income, exports and economic development on one side and industrial disputes on the other. For the industrial growth, there must be peace and harmony is a prerequisite. The Conflict between the employees and employers is inherent in industrial society. The Industrial Disputes Act was enacted to provide machinery and forum for the settlement of such conflicting and seemingly irreconcilable interests without disturbing the peace and the harmony in industry. The Act provides social justice to both employees and employers. The Directive Principles of State Policy enshrined in Part IV of our Constitution, the supreme lex, are not “pious declarations” but “instruments of instructions” which command every government in power to promote the wellbeing and the interests of the underdog, namely, the working class. Many of these Directive Principles seek to establish a social order where “Justice-social, economic and political” shall be assured to all, especially, the working class. Consequently, the labour laws enacted to protect and promote the interests of the workers should be accorded a pivotal position in our Legal System. According to Section 2(k) of the Industrial Disputes Act, “industrial dispute” means any dispute or difference between employers and employers or between employers and workmen, or between workmen and workmen, which is connected...