In this article we will discuss about the Industrial Dispute Act 1947, it’s provisions and details of enactment. At the end you can download pdf as a note given as Industrial Disputes Act 1947 pdf.
The Industrial Disputes Act 1947 is applicable in whole of India. This Act is a replacement of Trade Disputes Act of 1929. The Trade Disputes Act imposed certain restraints on the right of strike and lockout in public utility Services but lacks any provision for the settlement of Industrial Disputes, either by reference to a Board of Conciliation or to a Court of Inquiry. In order to remove this deficiency, the Industrial Disputes Act 1947 was passed.
This act is the main legislation for investigation and settlement of all industrial disputes. The Act enumerates the contingencies when a strike or lock-out can be lawfully resorted to, when they can be declared illegal or unlawful, conditions for laying off, retrenching, discharging or dismissing a workman, circumstances under which an industrial unit can be closed down and several other matters related to industrial employees and employers.
What is Industrial Dispute Act 1947 ?
Industrial Disputes Act 1947 is an act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes.
And it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing.
When it came under force ?
Enacted on 11 March 1947 and It came into force on 1 April 1947. It was replaced by the Industrial Relations Code, 2020.
Industrial Disputes Act Definition
The Industrial Disputes Act defines “Industrial dispute” as a dispute or difference between workmen and employers or between workmen and workmen, which is connected with employment or non-employment or the terms of employment or with the conditions of labour.
Purpose of Industrial Dispute Act
The main purpose of the Industrial Disputes Act 1947 is to ensure fair terms between employers and employees, workmen and workmen as well as workmen and employers..
The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations. An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes.
Objectives of Industrial Disputes Act 1947
The basic objectives of the Industrial Dispute Act 1947 are :-
- To provide a suitable machinery for the just, equitable and peaceful settlement of industrial disputes.
- To promote measures for securing and preserving unity and good relations between employers and employees.
- To remove illegal strikes and lockouts.
- To provide relief to workers against layoffs, retrenchment, wrongful dismissal and victimization.
- To promote Collective bargaining.
- To ameliorate the conditions of workers.
- To avoid unfair labour practices.
The objective of the Industrial Disputes Act 1947 is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of industrial disputes by negotiations. An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes.
Who does the Industrial Disputes Act apply to?
The Industrial Disputes Act extends to whole of India and applies to every Industry and its various industrial establishment carrying on any business, trade, manufacture or distribution of goods and services irrespective of the number of workmen employed there in.
Who of the following is not included as a Workman under the Industrial Dispute Act?
Thus, it can be said that an employee is not a workman and is not included with the ambit of Industrial Dispute Act 1947, when,
· The person is not employed in an industry,
· His work is to hire or reward and is free of charge,
· He is not employed to do the type of work specified in the definition,
· There is no contractual relationship of master and servant. Such relationship exist when the workman is under supervision, direction and control of the master.
· A person employed in a supervisory work and drawing wages in excess of Rs. 1600/- p.m.
· He is within the specific category of employees as mentioned in section 2(s) of the Act.
Which is not considered as an Industrial Dispute?
The Supreme Court and majority of Industrial Tribunals held that, a dispute raised by a dismissed employee would not be treated as an industrial dispute, unless it is supported by a trade union or by a body or Section of workman.
What is the monthly salary limit under the Industrial Dispute Act 1947?
The Bill amends the Industrial Disputes Act 1947. The Act provides for settlement of disputes between workers and management. The Act currently does not apply to persons who are employed in a supervisory capacity and who earn more than Rs 1,600 per month. The Bill raises this ceiling to Rs 10,000 per month.
What is Industrial Dispute how does it differ from an Individual Dispute?
Difference between the industrial dispute from the individual dispute. The industrial dispute conveys the meaning that the dispute must be such as would affect large groups of workmen and employers ranged in opposite sides. Whereas, the individual dispute is the one which is raised by a single worker.
How many sections are in the Industrial Dispute Act?
Fourty (40 )
Main provisions of Industrial Dispute Act
1. To encourage good relations between labor and industries, and provide a medium of settling disputes through adjudicator authorities.
2. To provide a committee for dispute settlement between industry and labor with the right of representation by a registered trade union or by an association of employers.
3. Prevent unauthorized strikes and lockouts.
4. Reach out to labor that has been laid-off, unrightfully dismissed, etc.
5. Provide labor the right to collective bargaining and promote conciliation.
Industrial Dispute Act 1947 Pdf / Notes
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