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industrial disputes act of india, Cheat Sheet of Law

industrial disputes act of india

Typology: Cheat Sheet

2021/2022

Uploaded on 09/06/2024

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The Industrial Disputes Act, 1947 CHAPTER | PRELIMINARY Introduction.—Durin ost-independence era we have witnessed the development of a new Sahsprilence namely the Industrial Law’. The Industrial Law in pre-independence days was in a rudimentary form. But later on with the development of industry, the Industrial Law developed side by side, The growth of this law was slow in the beginning but gained jits pace in the recent years as is evident from the bulk of the cases before the Supreme Court on Industrial Jaw matters. A large section of the Indian population is affected by Industrial Laws. Some like industrialists and their workmen are directly affected and many others are unconsciously affected by these laws. The economic growth of a country depends upon the industrial development. Therefore, the progress of a country being dependent upon the development of industry, the Industrial Laws ; play an important role in the national economy of a country. —— Section 1. Scope and object—The object of the industrial relations legislation in general is industrial peace and economic justice. The prosperity of any industry very much depends upon its growing production. The production is only possible when the industry functi hly__.. without _any interruptions. There are some other factors _t in e_the production, namely absence of dispuies, i.e, harmonious relationship between the labour and the management. Therefore, every industrial relations legislation necessarily aims at providing conditions congenial to the industrial peace. Economic justice is another objective aimed at by such legislations. Almost all interruptions in production are due to industrial disputes. Dissatisfaction with the existing economic conditions is the root cause of industrial disputes. The history of labour struggle is nothing but'a continuous demand for fair return to labour expressed in varied forms, eg., (a) increase in wages, ® resistance to decrease in wages, and (c) grant of allowance and benefits, etc.' If a labourer wants to achieve these gains individually, he fails because of his weaker bargaining power, the management with better economic footing stands he better Position to dictate its terms. Therefore, the economic struggle of Crom with capital is fought collectively by organised labours. If the labour aed and bargains collectively, he is defin tely placed ina position to exert greater pressure upon ‘the capital to provide them fair return to their labour. It is with a view to provide economic justice b wepeitaertgienpiry neurite ise eS ON that the State as the custodian of Justice by ensuring fair return to the labour finds jase Tee a of public interest intervenes by ‘State regulation’. ‘as also. been ensured -to. the people of India by our — 1. Hariprasad v. A.D. Divekar, AIR 1957 SC 121. (20) Scanned by CamScanner