Ppt on the Industrial Dispute Act 1947 + STANDING ORDERS ACT, Slides of Labour Law

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INDUSTRIAL DISPUTE

ACT 1947

INTRODUCTION

• (^) Industrial disputes Act, 1947 is the Act that regulates the labour laws as it concerns all the workmen or all the people employed on the Indian mainland.
• (^) It came into force on 1 April 1947.
• (^) 40 sections
• (^) 5 schedules
• (^) 7 chapters

INDUSTRY

SECTION 2(j)

• (^) ‘industry’ as any business, trade, undertaking,

manufacture, or calling of employers and includes

any calling, service, employment, handicraft or

industrial occupation or avocation of workmen”.

• (^) SYSTEMATIC ACTIVITY
• (^) Co-operation between employee and the employer
• (^) Through agency or contractors
• (^) For profit and achieve their motives

EMPLOYER

SECTION- 2(g)

• (^) the employer according to the definition is the person authorized to do the work in the capacity as an employer under the leadership of either
• (^) the Central Government or
• (^) the state government or
• (^) the local authority.

INDUSTRIAL ESTABLISHMENT

Section 2 (Ka)

• (^) An establishment or undertaking in which any industry is carried on
• (^) Industrial establishment means a workshop or other establishment in which the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery, or disposal is carried on, or where any such service is rendered.

WAGES

Section 2 (Rr)

• (^) All remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of
• (^) his employment or of work done in such employment.

TRIBUNAL

SECTION- 2(R)

• (^) an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal.
• (^) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.

RETRENCHMENT

Section 2(Oo)

• (^) the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include--
• (^) voluntary retirement of the workman; or
• (^) retirement of the workman on reaching the age of superannuation
• (^) termination of the service of the workman as a result of the non- renewal of the contract of employment

ARBITRATOR

SECTION 2 (Aa)

• (^) the reference of disputes between management and labour unions to an impartial third party for a final resolution—
• (^) is usually the last step under a collective-bargaining agreement after all other measures to achieve a settlement have been exhausted.

PUBLIC UTILITY SERVICES

Section 2(n)

• (^) Any industry specified in the 4 First Schedule of Industrial Dispute Act, 1947
• (^) which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette.

CASE LAWS - STRIKES, LOCKOUTS, RETRENCHMENT, AND SETTLEMENT

STRIKE

SECTION 2(q)

• (^) Strike is to refuse to continue working because of an argument with an employer about working conditions, pay levels, or job losses
• (^) Right to strike is recognized globally. Article 19(1) the Constitution of India 1949 guarantees the protection of certain freedoms as fundamental rights.
• (^) A strike is a powerful weapon used by trade unions or other associations or workers to put across their demands or grievances by employers or management of industries.

Syndicate Bank and Ors v. K. Umesh Nayak, 1995 AIR 319, 1994 SCC (5) 572

• (^) The SC held that the strike is a result of a long struggle between the employer and the employee.
• (^) It is the last weapon available to the employees in order to allow their demands to be fulfilled by the industry.
• (^) The court stated it as an abnormal act and the Industrial Legislation doesn’t deny the worker’s right to protest and it seeks the concept of the strike to be regulated with the right of the employer to lockout and provide machinery for peaceful inquiry and settlement of disputes between them.
• (^) The court ordered the employer to pay the work

Syndicate Bank and Ors v. K. Umesh Nayak,

1995 AIR 319, 1994 SCC (5) 572

• (^) In this case, the major issue before the Supreme Court was whether the workmen were to get paid during the period of strike despite the fact that the strike was legal or illegal.
• (^) The apex court decided the matter in the light of conflicting opinions rendered by itself in other decisions of the smaller bench.
• (^) The apex court held that the strike can be held illegal if it contravenes the provisions of the Industrial Disputes Act, 1947.
• (^) For the purpose of deciding the legality of the strike the Court had to take certain things into consideration such as; whether the demands of the workmen like pay scale, service issues were justified or not
• (^). The Court stated that in every case the detailed inquiry on facts and circumstances of the strike shall be taken into consideration.