CC 601CC 601INDUSTRIAL LAWSINDUSTRIAL LAWS

KSKV KUTCH UNIVERSITYKSKV KUTCH UNIVERSITY

Sr. No Topics Weightage

1 Industrial Disputes Act 252 Factories Act 253 Employee State Insurance

Co-operation Act15

4 Workmen’s Compensation Act

15

5 P.F. and Miscellaneous Act 106 Payment of Wages Act. 10

Industrial Disputes Act

Dr.M.Latha NatarajanKunal Upadhyay

Object of the Act To secure industrial peace a) by preventing and settling industrial disputes between the

employers and workmen. b) by securing and preserving amity and good

relations ,through an internal works committee, c) by promoting good relations, through an external

To improve the condition of workmen in industry a) by redressal of grievances of workmen b) by providing job security

Definition of industry before amendments in 1982

“Industry means any business, trade, undertaking, manufacture or calling of

employees and includes any calling, service, employment, handicraft or

industrial occupation or avocation of workmen.

Industrial Dispute Industrial dispute means any dispute or difference between – Employers and employers Employers and workmen Workmen and workmen. or the terms of employment or with the conditions of labour,

of any persons

Procedure for settlement of Industrial Disputes under the

Act Works Committees (Sec.3). Conciliation Officers (Sec.4). Boards of Conciliation (Sec.5). Courts of Inquiry (Sec.6) Labour Courts (Sec.7) Industrial Tribunals (Sec.7-A) National Tribunals (Sec.7-B) Disqualifications for the presiding officers of Labour, Court

Tribunals and National Tribunals (Sec-7C) Filling of vacancies (Sec-8) Finality of orders constituting Boards (Sec-9)

Works Committees Sec-3• In the case of any industrial establishment in which 100 or more 100 or more

workmen are employed workmen are employed • 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 discussion with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926).

• the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen

• comment upon matters of their common interest or concern and attempt to compose any material difference of opinion in respect of such matters.

Conciliation Officers (Sec.4).

• The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.

• A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

Boards of Conciliation (Sec.5).

• A Board shall consist of a chairman and two or four other members, as the appropriate Government thinks fit.

• The chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party

• A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number

Courts of Inquiry (Sec.6)• The appropriate Government may as incident arises by

notification in the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute

• A court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a court consists of two or more members, one of them shall be appointed as the chairman.

• A court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number

Labour Courts (Sec.7)• A Labour Court shall consist of one person only to be

appointed by the appropriate Government • A person shall not be qualified for appointment as the

presiding officer of a Labour Court, unless – he is, or has been, a Judge of a High Court; or – he has, for a period of not less than three years, been a District Judge

or an Additional District Judge; or – he has held any judicial office in India for not less than seven years; or – he has been the presiding officer of a Labour Court constituted under

any Provincial Act or State Act for not less than five years.

Industrial Tribunals (Sec.7-A)

• The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under this Act.

• A Tribunal shall consist of one person only to be appointed by the appropriate Government.

• A person shall not be qualified for appointment as the presiding officer of a Tribunal unless – he is, or has been, a Judge of a High Court; or – he has, for a period of not less than three-years, been a District

Judge or an Additional District Judge;

National Tribunals (Sec.7-B)

• The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes.

• A National Tribunal shall consist of one person only to be appointed by the Central Government.

• A person shall not be qualified for appointment as the presiding officer of a National Tribunal unless he is, or has been, a judge of a High Court.

• The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.

Disqualifications for the presiding officers of Labour, Courts ,

Tribunals and National Tribunals (Sec-7C)

• No person shall be appointed to, or continue in, the office of the presiding officer of a Labour Court, Tribunal or National Tribunal, if

– (a) he is not an independent person; or – (b) he has attained the age of sixty-five years.

Filling of vacancies (Sec-8)

• If, for any reason a vacancy (other than a temporary absence) occurs in the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the Chairman or any other member of a Board or court, then, in the case of a National Tribunal, the Central Government and in any other case, the appropriate Government, shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage at which the vacancy is filled.

Finality of orders constituting Boards (Sec-

9)• the Central Government appointing any person as the Chairman or any other member of a Board or Court or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in questioning any manner

• Where the report of any settlement arrived at in the course of conciliation proceeding before a Board is signed by the chairman and all the other members of the Board, no such settlement shall be invalid by reason only of the casual or unforeseen absence of any of the members (including the Chairman) of the Board during any stage of the proceeding.

Conciliation Officers• DutiesDuties

– To hold conciliation proceedings– To investigate the duties– To send a report and memorandum of settlement to appropriate Govt.

Board of Conciliation Officers• DutiesDuties

– To bring a settlement of the dispute– To send a report and memorandum of settlement to appropriate Govt.– To communicate the reasons to the parties if no further reference made– To submit report within TWO month

Strike & Lock OutStrike & Lock Out• Strike may also be viewed as a weapona weapon of the

workmen to bring pressure on the employer to redress particular grievances.

• As per the act “a Stop of work by a body of persons employed in an industry, action in combination or a concerted refusal, or a refusal under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment”

Forms of STRIKE

• Stay-in-strike• Go-Slow• Lighting or Wildcat Strike• Picketing (Freedom of speech, association)• Gherao• Bandh

Strike & Lock-OutStrike & Lock-Out• (1) No person employed in a public utility service shall

go on strike, in breach of contract

– (a) without giving to the employer notice of strike, as herein after provided, within six weeks before striking; or

– (b) within fourteen days of giving such notice ; or – (c) before the expiry of the date of strike specified in any such

notice as aforesaid; or – (d) during the pendency of any conciliation proceedings

before a conciliation officer and seven days after the conclusion of such proceedings.

Cont…

• (2) No employer carrying on any public utility service shall lock-out any of his workman

– (a) without giving them notice of lock-out as hereinafter provided, within six weeks before locking-out; or

– (b) within fourteen days of giving such notice; or – (c) before the expiry of the date of lock-out specified in any

such notice as abovementioned; or – (d) during the pendency of any conciliation proceedings

before a conciliation officer and seven days after the conclusion of such proceedings.

General prohibition of Strikes and Lock-outs

• (a) during the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings;

• (b) during the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months, after the conclusion of such proceedings;

• (bb) during the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A; or

• (c) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.

LAY-OFF & RETRENCHMENT • Section 2 (kkk) : Lay-offs means the failure, refusal or inability

of an employer on account of shortage of coal, power, or raw materials or the accumulation of stock or the break down of machinery (or natural calamity or for any other connected reason) to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched

• Retrenchment means the termination by the employer of the service of the workman, for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include– a. Termination by the way of punishment caused pursuant to

disciplinary action. – b. Voluntary Retirement of the workman.

Classification of Lay-offClassification of Lay-off

• On the basis of duration– (i) Lay-off for a day occurring when work is denied

within two hours of his presenting himself for work.– (ii) Lay-off for one half of day occurring when work

is denied in the first half of the shift but the workman is called in the second half of the shift for doing work

– (iii) Lay-off for more than a day but not amounting to retrenchment

Essentials of retrenchmentEssentials of retrenchment• Termination of service• On the ground of surplus labour • The terminated service must have been capable

of being continued• For any reason but should not be actuated by any

motive of victimization or unfair labour practice• The termination must be for proper reason such as

economy, rationalization, installation of labour saving machinery, or any other industrial or trade reasons

Conditions guide to retrenchmentConditions guide to retrenchment• One month’s notice in writing giving

reason or paid in lieu of such notice• The workman has been paid, compensation

equivalent to 15 day’s average pay for every completed year of continuous service or any part thereof in excess of six months

• Notice in the prescribed manner on the appropriate government by notification in the Official Gazette