UGC NET Study Notes on Industrial Disputes Act, 1947

By Sakshi Ojha|Updated : November 13th, 2022

Industrial Disputes Act, 1947 is an important topic of UGC NET Paper 2 Labour Welfare Syllabus. UGC NET applicants whose subject is Labour Welfare needs to prepare this topic thoroughly. You can find the detailed Notes on Industrial Disputes Act, 1947 below in the article.

Experts have compiled comprehensive study notes on Industrial Disputes Act, 1947 for your reference.

Table of Content

Best Books for UGC NET Labour Welfare

List of best books for HRM and Labour Welfare

 1- Trueman's UGC NET HRM/Human Resource Management & Labour Welfare

 2- Human Resource Management by Biju Varkkey, Gary Dessler

 3- Industrial Relations, Trade Unions and Labour Legislation by P.R.N. Sinha, Indu Bala Sinha

4- International Human Resource Management by Edwards and Rees

5- Human Resource Management by K Aswathappa

6- Human Resource Management by Stephen P. Robbins

7- Industrial Relations and Labour Laws by S C Srivastava

8- Organizational Behaviour by Stephen P. Robbins, Timothy A. Judge

Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 particularly offers with the provisions for the research and agreement of commercial disputes. It extends to the complete of India. It got here into pressure on 1st April 1947.

Highlights of the Industrial Disputes Act, 1947

1) According to Section 2(aaa) of this act, common pay manner the common of the wages of:

  • Three whole calendar months in case of month-to-month paid workmen.
  • Four whole weeks, in case of weekly paid workman.
  • Twelve complete running days, in case of each day paid workman.

2) Industrial dispute (Section 2(k)) manner any dispute that is related with the employment or non-employment or the situations of labour between:

  • Employers and employers.
  • Employers and workmen.
  • Workmen and workmen.

3) If an corporation fails to provide employment to a workman on the subsequent grounds, then it's miles called Lay-off (Section 2(kkk)):

  • Shortage of coal or electricity or uncooked substancesAccumulation of shares or
  • Break-down of equipmentNatural calamity or for some other related purpose

4) Lock-out (Section 2(l)) refers back to theTemporary remaining of running place.
Suspension of work.Condition wherein the corporation refuses to maintain the employment of persons.

5) Retrenchment (Section 2(oo)) manner the termination of a workman of the provider through the corporation for any purpose. It does now no longer encompass the subsequent:

  • Voluntary retirement.Retirement at the age of superannuation.
  • Non-renewal of employment contract.Continued illness.

6) An corporation who's a celebration to a dispute will be represented in any intending through the subsequent:

  • An officer of an affiliation of employers of which he's a member;
  • An officer of a federation of affiliation of employers to which the affiliation referred is affiliated.If the corporation isn't a member of any affiliation, then an officer of any affiliation of employers related with the enterprise wherein the corporation is engaged may also represent.

7) Labour courts (Section 7) and Tribunals (Section 7A) shall include simplest one character appointed through the perfect government. Following are the not unusualplace qualifications for presiding officer of a labour courtroom docket or a tribunal:

  • Judge of a High Court orDistrict decide or a further district decide for a length of now no longer much less than 3 years or
  • Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a regulation diploma and as a minimum seven years` enjoy withinside the labour branch which include 3 years of enjoy as Conciliation Officer or
  • Grade 3 officer of Indian Legal Service with 3 years' enjoy.
  • Apart from the above, any man or woman with the subsequent qualifications also can be appointed because the presiding officer:Held any judicial workplace in India for now no longer much less than seven years or
  • Presiding officer of a Labour Court constituted beneath kingdom or provincial act for now no longer much less than 5 years.

8) A workman who's a celebration to a dispute will be represented in any intending with the aid of using the subsequent:

  • Any govt member or workplace bearer of a registered change union of which he's a member.Any govt member or different workplace bearer of a federation of change unions to which the change union is affiliated.
  • If the employee isn't always a member of any change union, then any govt member or workplace bearer of any change union related with the enterprise wherein the employee is hired might also additionally represent.

9) A criticism redressal committee such as an identical wide variety of people representing employers and personnel ought to be installation in each status quo using twenty or more workmen. The overall club shall now no longer exceed six.There will be one ladies member, if there are participants withinside the committee in overall. The proportionality ought to be maintained.

10) The suitable authorities might also additionally refer the dispute to:

  • Labour courtroom docket if the dispute is associated with the Second Schedule.
  • Tribunal if the dispute is associated with the second one agenda or the 0.33 agenda.
  • Labour courtroom docket, if the dispute is associated with the 0.33 agenda and isn't always in all likelihood to have an effect on a couple of hundred workmen.

11) A note withinside the prescribed way on an appropriate authorities will be served with the aid of using an business enterprise who intends to shut down an mission, as a minimum sixty days earlier than the date of closure. This isn't always applicable:

  • To the undertakings wherein much less than fifty workmen are hired or had been hired withinside the previous twelve months.
  • To the undertakings installation for the development of buildings, bridges, roads, canals, dams or for different paintings or projects.
  • The suitable authorities shall supply an exception in case of coincidence withinside the mission or the demise of the business enterprise or another reason.

12) Strikes and lockouts are prohibited withinside the following cases:

  • Without giving note inside six weeks earlier than hanging or locking out; or
  • Within fourteen days of giving such note; orBefore the expiry of the date of strike or lockout withinside the note; or
  • During conciliation complaints earlier than a conciliation officer and 7 days after the belief of the complaints.
  • During the complaints earlier than the arbitrator, Labour courtroom docket, Tribunal or National Tribunal and months after the belief of the complaints.
  • During the complaints earlier than the arbitrator, Labour courtroom docket, Tribunal or National Tribunal and months after the belief of the complaints.
  • During the operation duration of a agreement or an award.

13) A workman is stated to be in non-stop carrier for a duration of three hundred and sixty five days or six months, if the workman has labored for the subsequent days for the duration of twelve or six calendar months respectively:a hundred and 90 days or 90-5 days respectively, if hired beneath floor in a mine.hundred and 40 days or a hundred and twenty days respectively, in some other case.

14) A workman in non-stop carrier for now no longer much less than three hundred and sixty five days will be retrenched simplest after:
Giving one month observe indicating the motives for retrenchment and wages for the awareness duration.
Paying repayment equal to 15 days common pay for each finished yr of non-stop carrier.
Notice is served on the perfect authorities.

15) A courtroom docket shall document mostly inside six months from the graduation of the inquiry to the perfect Government.

16) Any man or woman committing any unfair labour exercise will be punishable with most imprisonment of six months or most first-rate of 1 thousand rupees or both.

17) Any workman who commences or keeps an unlawful strike will be punishable with most imprisonment of 1 month, or with most first-rate of 50 rupees, or both.

18) Any organisation who commences or keeps an unlawful lock-out will be punishable with most imprisonment of 1 month, or with most first-rate of 1 thousand rupees, or both.

19) Any man or woman who offers monetary useful resource or instigates or incites others or to participate in unlawful strike or lock-out will be punishable with most imprisonment of six months or with most first-rate of 1 thousand rupees or both.

20) Any man or woman who commits a breach of any time period of any agreement or award, will be punishable with most imprisonment of six months, or first-rate, or both. If the breach is a persevering with one, the first-rate may also enlarge to 2 hundred rupees for each day for the duration of which the breach keeps after the primary conviction.

21) In relation to an established order, a blanketed workman refers to a workman who's a member of the government or workplace bearer of a registered alternate union and the range of blanketed workmen will be one percentage of the overall range of workmen hired. There will be not less than 5 blanketed workmen and a most of a hundred blanketed workmen.

22) A National Tribunal (Section 7B) constituted through the relevant authorities shall encompass simplest one man or woman. The presiding officer of the tribunal ought to be someone who labored or has been a choose of a excessive courtroom docket.

23) A works committee (Section 3) which includes an same range of representatives of employers and workmen will be constituted through the employers in an commercial established order wherein a hundred or greater workmen are hired.

Also Read: 

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FAQs

  • The Industrial Disputes Act, 1947 particularly offers with the provisions for the research and agreement of commercial disputes. It extends to the complete of India. It got here into pressure on 1st April 1947.

  • According to Section 2(aaa) of this act, common pay manner the common of the wages of:Three whole calendar months in case of month-to-month paid workmen.

    • Four whole weeks, in case of weekly paid workman.
    • Twelve complete running days, in case of each day paid workman.
  • Retrenchment (Section 2(oo)) manner the termination of a workman of the provider through the corporation for any purpose. It does now no longer encompass the subsequent:

    • Voluntary retirement.Retirement at the age of superannuation.
    • Non-renewal of employment contract.Continued illness.
  • Any man or woman committing any unfair labour exercise will be punishable with most imprisonment of six months or most first-rate of 1 thousand rupees or both. Any workman who commences or keeps an unlawful strike will be punishable with most imprisonment of 1 month, or with most first-rate of 50 rupees, or both.

  • A works committee (Section 3) which includes an same range of representatives of employers and workmen will be constituted through the employers in an commercial established order wherein a hundred or greater workmen are hired.

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