Meanings
‘Industry’ means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or a vocation of workmen
‘Industrial Dispute’ means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person.
Boards of conciliation:
Appropriate government may by notification in the official gazette constitute a Board of Conciliation consisting of a Chairman and two or four other members, as appropriate govt. thinks fit.
Courts of Inquiry: Inquiring into any matter appearing to be connected with or relevant to an industrial dispute
Labor courts: The appropriate govt. may, by notification in the Official Gazette constitute one or more labor courts for the adjudication of industrial disputes
INDUSTRIAL DISPUTE ACT, 1947
To make provision for the investigation and settlement of industrial disputes and for certain other purposes.
Provides for special machinery of conciliation officers, work committees, court of inquiry, labor courts, industrial tribunals and national tribunals, defining their powers, functions and duties
Enumerates 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
When industries can be closed down and several other matters related to industrial employees and employers
Industries declared to be Public Utility
Transport
Banking
Cement
Coal
Cotton textiles
Foodstuffs
Iron and Steel
Defence establishments
Service in hospitals and dispensaries
Fire Brigade Service
Matters within the jurisdiction of labor court
Propriety or legality of an order passed by an employer under the standing orders
Application and interpretation of standing orders
Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed
Withdrawal of any customary concession or privilege
Matters within the jurisdiction of Industrial Tribunals
Wages including the period and mode of payment
Compensatory and other allowances
Hours of work and rest intervals
Leave with wages and holidays
Bonus, profit sharing, provident fund and gratuity
Classification by grades
Rules of discipline
Rationalization
Unfair labor practices
On part of employers and trade unions of employers
–To interfere with, restrain from, or coerce workmen
Threatening with dismissal or discharge
Threatening a lock out or closure
Granting wage increase
–To dominate, interfere with or contribute support, financial or otherwise
Taking active interest in organizing trade union
Showing partiality or granting favor to one of several trade union
–Establish employer sponsored trade unions
–Encourage or discourage membership
Discharging or punishing
Dismissing a workman for taking part in any strike
Changing seniority rating
On part of workmen and trade unions of workmen
–To advise or actively support or instigate any strike deemed to be illegal under this act
–To coerce workmen in the exercise of their right to self organization or to join or un join any trade union
–For a recognized union to refuse to bargain collectively in good faith with the employer
Strikes and Lock-out
Each country of globe whether democratic, capitalist, socialist give right to strike to the workers
Must be the weapon of last resort
In India right to protest is a fundamental right but right to strike is not a fundamental right but a legal right with statutory restrictions under industrial dispute act, 1947
Valid strike
No person employed in public utility service shall go on strike in breach of contract:
–Without giving to employer notice of strike with in six weeks before striking; or
–Within fourteen days of giving such notice; or
–Before the expiry of the date of strike specified in any such notice as aforesaid
These provisions do not prohibit the workmen from going on strike but require them to fulfill the conditions
Notice of Strike
Notice not necessary within six weeks before striking if there is lock out in existence
E.G Mineral Miner Union vs. Kudremukh Iron Ore Co. Ltd.
Illegal Strike
It is commenced or declared in contravention of section 22 or section 23; or
It is continued on contravention of an order made under sub section (3) of section 10 or sub section (4-A) of section 10-A
Where a strike or lock out in pursuance of an industrial dispute has already commenced and is in existence, the continuance shall not be deemed to be illegal, provided that such strike or lock out was not at its commencement in contravention of the provision of this act.
Consequences of illegal strike
Dismissal of workmen
–Only question of practical importance would be quantum or kind of punishment
–To decide the quantum of punishment a clear distinction has to be made between violent strikers and peaceful strikers
