1.Bhumika Sharma(A-38)Tarkik Dave(A-26)NICM GandhinagarGujarat+919409623298

2. Introduction Dispute- To question the truth or validity of, adisagreement , a debate Industry - means any systematic activity carriedon by co-operation between an employer and hisworkmen (whether such work- men are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,- Tarkik Dave2 3. (i) any capital has been invested for the purposeof carrying on such activity (ii) such activity is carried on with a motive tomake any gain or profit, and includes- any activity of the Dock Labour Board established under section 5 A of the Dock Workers (Regulation of Employment) Act, 1948 any activity relating to the promotion of sales or business or both carried on by an establishment Tarkik Dave3 4. Does not include1. any agricultural operation2. hospitals or dispensaries3. Educational, scientific, research or training institutions4. Institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service5. Khadi or village industries6. any domestic serviceTarkik Dave 4 5. 7. any activity of the Government relatable to the sovereign functions of the Government(defence research, atomic energy and space)8. any activity being a profession practised by an individual or body of individuals(less than 10)9. an activity carried on by a co-operative society or a club or any other like body of individuals(< 10)Tarkik Dave5 6. What is Industrial DisputeAct, 1947 ? Under Section 2 (k)i. It means any dispute or difference between employers and employers,ii. employers and workmen, oriii. workmen and which is connected with- i. the employment or non-employment ii.the terms of employment, or iii. with the conditions of labour, of any person.Tarkik Dave 6 7. History of laws ofIndustrial Dispute Employers and Workmens Disputes Act, 1860 Trade Disputes Act, 1929 Rule 81-A (Defense of India Rules) Industrial Dispute Act, 1st April - 1947Tarkik Dave 7 8. Industrial Dispute Object To Ensure fare terms to the workmen To prevent dispute between employers and employeesTarkik Dave8 9. Classificationof IndustrialDisputesIndustrial Dispute Interest Grievance/RightUnfair Labor Recognition Dispute s DisputePracticesDisputeTarkik Dave 9 10. Interest Dispute It arise out of deadlocks in the negotiations for acollective agreement. They relate to the determination of new termsand conditions of employment for general bodyof worker Originates from the demand of improvement inwages, job security, fringe benefits, etc.Tarkik Dave 10 11. Grievance/ Rights Disputes Its a protest against an act of management thatis considered to violate the rights of workmen. Discipline and dismissal, working time, over-time, rights of supervisor Tarkik Dave 11 12. Unfair Labor Parctice Discrimination on grounds that workers are tradeunion members, participated in trade unionactivity. To interfere, restraint the workers when they exercise their rights to organize, join or assist a union, refusal to bargain collectively. Tarkik Dave 12 13. Recognition Dsipute When the employers organization refuses torecognize a trade union for the purpose ofcollective bargaining. Tarkik Dave13 14. Strikes!!! Strike- a cessation of work by a body of personsemployed in any industry acting in combinationor a concerted refusal, or a refusal under acommon understanding, of any number of persons who are or have been so employed to continue to work or to accept employment. Tarkik Dave 14 15. Types of strike STRIKES Primary Strikes Others SecondaryStrikes Stay Away Sympathy 1. General i) Sit Down2. Particular ii)Stay-in 3. Political iii)Tool-down4. Bandhs iv) Pen DownGo Slow Work to RuleToken Or ProtestLighting or Cat-CallPicketing &BoycottGherao Tarkik Dave15 16. Types of Strikes Primary Strikes- are aimed against theemployer with whom the dispute exists. Secondary Strikes- in which the pressure isapplied not against the primary employer with whom the primary workers have a dispute but against some third person who has good trade relations with him. Tarkik Dave16 17. Primary Strikes Stay away Strike- workman do not come to theworkplace during the prescribed working hours. The organize rallies and demonstration Sit Down and Stay in strike In sit down strikethe employees take the possession of theproperty of the business, established themselvesin the plant, stop its production and refuseaccess to the owners or to others desiring towork Stay in strike generally develops when thedemands are not meet on the strike day andworkers remain determine on sit down strike 17 Tarkik Dave 18. Types of Strikes Tools Down Strike/ Pen down Strike theworkers/employees lay down their tools or penand refrain from doing work, though they remainon the job in the workplace. Token or Protest Strike it is very shortduration strike. Its the signal to employers for the danger ahead. The intention is not to disrupt the business of employer but to communicate to him the grievance developing among employees. Tarkik Dave 18 19. Types of Strikes Lighting or Cat-call Strike- it is suddenlyannounced, generally by the way of surprisewithout notice or very short notice. The issues in dispute are discussed. They take place due to some provocation The real cause may be some discontent on morefundamental issues (employer- employee relations)Tarkik Dave 19 20. Types of Strikes Go slow- the worker intentionally reduce thespeed of work o efficiency, slow the productionwhile pretending to be engaged in the factory It is considered as a serious type of misconductand workers who resort to it can be dismissed. Picketing and Boycott is an act of postingpickets and implies marching of workmen in frontof employers premises, carrying and displayingsigns. Boycott disrupts the normal functioning of theenterprise Tarkik Dave 20 21. Types of Strikes Gherao- it is a physical blockade of a target byencirclement, intended to block the to and frofrom and to a particular office/residence/factory. The target are usually the managerial orsupervisory staff. The fulfillment of demands not through the lawmachinery but by violence It involves the commission of offences and henceillegal and unconstitutionalTarkik Dave21 22. Types of Strikes Hunger strike- is done by the leaders of unionor all/part of workers for limited period of time toattract sympathy of employers Sympathetic strike- the striking workmen have no demands of their own but to support others in their cause.Tarkik Dave22 23. Other Types of Strikes General Strike- has wide coverage, it involves theentire working class of a country. It may be a part of a revolutionary movement. Particular strike- they are limited in scope andusually confine to a single plant or few plants oroccupations in a particular town Generally by plant level union Tarkik Dave 23 24. Other Types of Strikes Political strike- are intended to put pressure ongovernment. Sometimes to express the workerssupport to a particular political cause. Bandhs- objectives are usually political in nature. They often lead to wide-spread suffering andinconvenience particularly for local community. Tarkik Dave24 25. Important Definitions. Appropriate Government Section - 2(A) Public Utility Service Section -2 (N) Industry - Section -2 ( J ) Workman Section -2( S ) Industrial Dispute Section -2(K)Award Section -2(B)Settlement - Section -2 (P)Strike Section 2 (Q)Lockout Section 2 (LLay Off - Section 2 (Kkk)Retrenchment - 2 (Oo)Closure Section 2 (Cc) Tarkik Dave25 26. APPROPRIATE GOVERNMENT 2(a)Appropriate govt. Means In relation to any dispute concerning any industrycarried on by or under theauthority of thecentral govt. OrBy A railway company orConcerning any such controlled industryDock labour board , major port, air transportservice, banking company, mine oroilfield etc,The central govt and in relation to any other industrial dispute thestate government. Tarkik Dave26 27. WORKMAN - SECTION 2(S) Workman means - any person ( including an apprentice) employed in an industry , to do manual , skilled, unskilled , technical, operational , clerical or supervisory work , for hire or reward, whether the terms of employment be express or implied and Supervisor drawing wages less then 10000/- are workman. Note:: manager or a person employed in Managerial or administrative activity are totally excluded irrespective of their salary.Tarkik Dave27 28. LOCK-OUT [SECTION 2(g)]Lock out means - Closing of a place of employment or Suspension of work or Refusal by an employer to employ any number of persons employed by him. Lock-out is co-eraive , legitimate weapon in thehands of the employer for forcing the workers toaccept his demands & to withdraw the demandsmade by them.Tarkik Dave28 29. PROHIBITION OF STRIKES IN P.U.S( Sec - 22 of I.D. Act -1947)No person employed in PUS shall go on Strike in breach of contract 1) Without giving Notice of strike within six weeks of striking OR2) Within 14 days of giving such Notice OR 3) Before the date of strike specified in the NoticeOR4) During the pendency of the Conciliation Proceedings before the Conciliation Officer and 7 days after conclusion of such proceedings. Tarkik Dave29 30. GENERAL PROHIBITATION OFSTRIKES (Sec - 23 of I.D. Act -1947)No Person Employed In Any Industrial Establishment ShallGo On Strike In Breach Of Contract1) During The Pendency Of Conciliation ProceedingsBefore A Board And Seven Days After Its Conclusion.2) During The Pendency Of Proceedings Before TheAdjudication Authorities And Two Months After ItsConclusion. 3) During The Pendency Of Arbitration Proceedings Before An Arbitrator And Two Months After ItsConclusion Or Where The Notification Has Been IssuedUnder Section 10 A ( 3-a).4) During Any Period In Which A Settlement Or Award IsIn Operation. Tarkik Dave30 31. StrikesVSLock-Out By workman By employer. Refusal to work or Temporary closureaccept employment. Refusal to continue to Under common employ the personunderstanding or actingemployed.in concert.[Section 2q][Section 2I] Tarkik Dave31 32. Penalty for Illegal Strikes and Lock- outs Illegal strike :- imprisonment for one month or fine ofRs.50 or both. Illegal Lock-out :- imprisonment for one month orfine of one thousand rupees or both. Tarkik Dave32 33. Confusing sequence.!!?? 1 Conciliation 2 Adjudication 3 ArbitrationTarkik Dave 33 34. Conciliation officer Appointed by appropriate government. Duty: Settlement of industrial dispute. Nature: Appointed for a specified area of for specifiedindustries in a specified area or for one or more industryeither permanently or for limited time.Tarkik Dave34 35. Duties of Conciliation officer As per sec 12(1) and rule 9(1) when a strike/lock-outnotice issued in public utility service conciliation officer isbound to convene immediate conciliation meeting. To hold conciliation proceeding (sec. 22) To investigate dispute To send report and memorandum of settlement toappropriate government. If he fails to bring about a settlement he has to bring factsto the attention of government under section 12(4) Conciliation process should be complete within 14 days.Tarkik Dave 35 36. Power of Conciliation Officer. Power to enter the premises. Power to call for inspect documents. Tarkik Dave 36 37. Adjudication Section 7 to 9 pertains to the constitution of adjudicationauthorities under the act. These authorities are:1. labour court2. Industrial Tribunals3. National tribunalTarkik Dave 37 38. Labor courts (section 7) Appropriate government form one or more labor court bynotification in the Official Gazette for adjudication ofindustrial dispute. The labor court consist only one person appointed by thegovernment . The person known as Presiding Officer of a Labor Court. Tarkik Dave 38 39. Industrial Tribunals (Section 7A) Appointment and Constitution Tribunal for Limited Period. Only one person appointed may be two if governmentthink. Tarkik Dave 39 40. VOLUNTARY ARBITRATION - [ Sec 10 A ] PARTIES CAN REFER FOR VOLUNTARY ARBITRATION FORANY INDUSTRIAL DISPUTE EXISTING /APPREHENDED, BEFORE THE SAME IS REFERRED FOR ADJUDICATION. SUCH REFERENCE IS MADE BY WRITTEN AGREEMENT, IN THE PRESCRIBED MANNER. APPOINTMENT OF UMPIRE IS MADE WNEN AGREEMENTPROVIDES FOR EVEN NO. OF ARBITRATORS. ( SEC. 10 -1A) IF ARBITRATORS ARE EQUALLY DEVIDED, THE OPINIONOF UMPIRE SHALL PREVAIL.Tarkik Dave40 41. VOLUNTARY ARBITRATION - [ Sec 10 A ] ARBITRATION AGREEMENT MUST BE IN THEPRESCRIBED FORM AND SIGNED BY THE PARTIES. [Sec- 10 A(2) ] A COPY OF ARBITRATION AGREEMENT SHALL BEFORWARDED TO THE APPRO. GOVT. WHO SHALLPUBLISH THE SAME IN OFFICIAL GAZETTE. WITHINONE MONTH OF PUBLICATION, APPRO. GOVT. SHALLISSUE NOTIFICATION. [ SEC-10A ( 3A) ] ARBITRATORS INVESTIGATE THE DISPUTE ANDSUBMIT REPORT TO THE APPROPRIATE GOVT. [ SEC 10 A(4) PROVISIONS OF ARBITRATION ACT -1940 DOES NOTAPPLYTarkik Dave41 42. VOLUNTARY ARBITRATION - [ Sec 10 A ] ARBITRATION AGREEMENT MUST BE IN THE PRESCRIBEDFORM AND SIGNED BY THE PARTIES. [ Sec- 10 A(2) ] A COPY OF ARBITRATION AGREEMENT SHALL BEFORWARDED TO THE APPRO. GOVT. WHO SHALL PUBLISHTHE SAME IN OFFICIAL GAZETTE. [ SEC- 10A(3) ]WITHIN ONE MONTH OF PUBLICATION, APPRO. GOVT.SHALL ISSUE NOTIFICATION. [SEC-10A ( 3A) ] ARBITRATORS INVESTIGATE THE DISPUTE AND SUBMITREPORT TO THE APPROPRIATE GOVT. [ SEC 10 A(4) ] PROVISIONS OF ARBITRATION ACT -1940 DOES NOT APPLY. Tarkik Dave42 43. AMENDMENT ACT, 2010 SALIENT FEATURES Definition of Appropriate Govt. (Section-2 (a) amended. Enhancement of wage ceiling of a workman from Rs.1600/- Per Month to Rs. 10,000/- Per Month. Direct access to the workman to the Labour Court orIndustrial Tribunal in case of disputes arising out ofSection-2 A of the Act. Empowering Labour Court or Tribunal to executeAwards, Orders of Settlements arrived at by Labour Courtor Industrial Tribunals.Tarkik Dave 43 44. Expanding the scope of qualifications of PresidingOfficers of Labour Courts or Tribunals under Section-7 & Section 7A of the Act. Establishment of Grievance Redressed Machinery inevery industrial establishment employing 20 or moreworkmen for the resolution of disputes arising out ofindividual grievances. The Amendments have been brought into force w.e.f.15.09.2010 Tarkik Dave44 45. Lay Off means the failure, refusal or inability of an employeron account of shortage of coal, power or raw materials or the accumulation of stocksor the breakdown 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.Tarkik Dave45 46. Lay Off Every workman whose name is borne on the muster rolls,during normal working hours on any day and is not givenemployment by the employer within 2 hours of his sopresenting himself shall be deemed to have been laid- offfor that day. Present himself in next shift- laid off for the one half day And no employment the entire day in-spite of beingpresent then not laid-offTarkik Dave46 47. Continuous ServiceSection 25B if employee provides uninterrupted service, whichincludes interrupted service Sickness Authorized leave Accident strikes which are not illegal lock out or cessation of work not due to the fault of theworkmanTarkik Dave 47 48. Continuous ServiceSection 25BFor One YearFor Six Months 190 days- below the ground in 95 days- below the ground in aa mine. mine. 240 days- in any other job. 120 days- in any other job.Tarkik Dave48 49. Right of workmen Laid-off forcompensation, Section 25C states that any workman (except Badli Workman): whose name is borne on the muster-rolls of an industrial establishment who has completed at least one (1) year of continuous service under the employershall be paid compensation for the period during which he waslaid-off, equal to 50 % of the total of the basic wages and dearness allowance that should be payable to him had such workman not been so laid-off. Tarkik Dave 49 50. If during the one (1) year period of continuous service, theworkman is laid-off for more than forty five (45) days, nofurther compensation will be paid if there is an agreement inthat respect between the workman and the employer Upon the expiry of this period, the employer can retrench theworkman And the Compensation then paid would exclude the amountalready paid during the forty-five (45) day period of layoff. Tarkik Dave50 51. For Badli Workman if the workman is a badli workman or a casualworkman, he would fall outside the ambit of Section 25C. However, if a badli workman has completed 1year ofcontinuous service in the industrial establishment, he willbe treated as a permanent workman for all purposesTarkik Dave 51 52. Muster Rolls of WorkmenSection 25D Duty of an employer to maintain muster rolls ofworkmen. Notwithstanding that workmen in anyindustrial establishment have been laid- off, it shall bethe duty of every employer to maintain for thepurposes of this Chapter a muster roll and to providefor the making of entries therein by workmen whomay present themselves for work at the establishmentat the appointed time during normal working hours. Tarkik Dave52 53. Workman not entitled toCompensation, Section 25E he refuses to accept any alternate employment offered by theemployer in the same establishment or in any other establishment of the same employer, provided such establishment is within a five (5) miles radius from the previous establishment Further, such alternate employment should not call for any special skill or experience the employer must pay at least the same wages as were previously paid to the workman. he does not present himself for work at the establishment at theappointed time during normal working hours at least once aday; (such lay-off is due to a strike or slowing-down of productionby workmen in another part of the establishment.Tarkik Dave 53 54. Prohibition of Lay-offSection 25M Cannot be laid- off by his employer except with the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette obtained on an application made in this behalf unless such lay- off is due to shortage of power or to natural calamity and in the case of a mine, such lay- off is due also to fire, flood, excess of inflammable gas or explosion Tarkik Dave54 55. An application for permission shall be made by theemployer in the prescribed manner stating clearly thereasons for the intended lay- off and a copy of suchapplication shall also be served simultaneously on theworkmen concerned in the prescribed manner. In case of lay-off of mine, under for reasons of fire, floodor excess of inflammable gas or explosion, the employer,shall within a period of 30 days from the date ofcommencement of such lay- off, apply to the appropriateGovernment or the specified authority for permission tocontinue the lay- offTarkik Dave55 56. Appropriate Government does not communicate toemployer within a period of 60 days from the date onwhich such application is made, the permission appliedshall be deemed to have been granted No Compensation for industry which has more than 100workmen employed on an average per working day for thepreceding 12 months The appropriate government has the final authority to decidewhether the establishment is in fact seasonal or not.Tarkik Dave56 57. Retrenchment 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 retirement of the workman on reaching the age ofsuperannuating if the contract of employment betweenthe employer and the workman concerned contains astipulation in that behalf termination of the service of a workman on the groundof continued ill-healthTarkik Dave 57 58. Condition precedent to retrenchmentof workmen, Section 25F The workman has been given 1 month notice in writing indicating the reasons for retrenchment and the period of notice has expired or the workman has been paid in lieu of such notice, wages for the period of the notice The workman has been paid, at the time of retrenchment,compensation which shall be equivalent to 15 days average pay [for every completed year of continuous service] or any part thereof in excess of six months Notice in the prescribed manner is served on the appropriateGovernmentTarkik Dave58 59. Condition precedent to retrenchmentof workmen, Section 24N The workman has been given 3 months notice in writingindicating the reasons for retrenchment and the period ofnotice has expired, or the workman has been paid in lieuof such notice, wages for the period of the notice The prior permission of the appropriate Government orsuch authority as may be specified by that Government bynotification in the Official Gazette (hereafter in thissection referred to as the specified authority) has beenobtained on an application made in this behalf. Tarkik Dave59 60. Procedure ofRetrenchment, Section 25G Where any workman in an industrial establishment who is a citizen of India he belongs to a particular category of workmen in thatestablishment in the absence of any agreement between the employer andthe workman in this behalf the employer shall ordinarily retrench the workman whowas the last person to be employed in that category unless for reasons to be recorded the employer retrenchesany other workman.Tarkik Dave 60 61. Re-employment of Retrenchedworkman, Section 25H He should have been retrenched prior to re-employment He should be a citizen of India He should have been retrenched from the category ofservice, for which the re-employment is sought He should offer himself for re-employment inresponse to notice Tarkik Dave61 62. Penalty for Lay-off andRetrenchment, Section 25Q Any employer who violates the provisions of section25-M or section 25-N shall be punishable with imprisonment of a term which may extend to one month, or with fine which may extend to one thousand rupees, or with bothTarkik Dave62 63. Compensation in case of transfer,Section 25FF the service of the workman has not been interrupted by such transfer; the terms and conditions of service applicable to the workman aftersuch transfer are not in any way less favourable to the workman thanthose applicable to him immediately before the transfer the new employer is, under the terms of such transfer or otherwise,legally liable to pay to the workman, in the event of hisretrenchment, compensation on the basis that his service has beencontinuous and has not been interrupted by the transfer.Tarkik Dave63 64. 60 days notice in case of closingdown, Section 25FFA A notice at least sixty days before the date on which the intendedclosure is to become effective, in the prescribed manner, on theappropriate Government stating clearly the reasons for the intendedclosure of the undertaking Does not apply to An undertaking in which less than fifty workmen are employed, or less than fifty workmen were employed on an average per working day in thepreceding twelve months, an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project.Tarkik Dave64 65. Compensation in case of closingdown, Section 25FFF Every workman (service nt