Industrial Disputes Act

The Industrial Disputes (ID) Act, 1947 addresses disputes or differences between employers and employers or between employers and workmen or between workmen and workmen. 2nd schedule of the ID Act deals with matters within the jurisdiction of labour courts which fall under the category of rights disputes. The 3rd schedule of the ID Act deals with the matters within the jurisdiction of industrial tribunals which could be classified as interest disputes.

A person who is a workman employed in an industry can raise an industrial dispute, including an apprentice. Industry means any business trade undertaking manufacture or calling of employers and including any service employment industrial occupation of workmen. To raise a dispute a work man can go directly before a Conciliation Officer in case of discharge, dismissal, retrenchment or any form of termination of service.

The organisation of the chief Labour Commissioner at the Central level acts as the primary conciliatory agency in the central government for industrial disputes. The regional Labour Commissioner and assistant Labour Commissioner act as conciliatory officers in different parts of the country. This commissioners act on behalf of the chief Labour Commissioner.

The conciliation officer makes efforts to resolve the dispute. The duties of the conciliation officers have been laid down in section 12 of the industrial disputes act. In case of failure of conciliation, report is sent to the government under the ministry of labour. These details are forwarded to industrial tribunals cum labour courts. There are 17 Central government industrial tribunal cum labour courts in different parts of the country. They are present in cities like Kolkata, Jabalpur, Chandigarh, Nagpur, Hyderabad, Chennai, etc.

Out of these the Central government industrial tribunal of Mumbai and Kolkata have been declared as national industrial tribunals. After the end of the proceedings in the labour court, an award is given by the presiding officer. Under section 17 of the ID act, the award is published in the official gazette within 30 days from the date of receipt of the award. The award becomes enforceable on the expiry of 30 days from the date of its publication in the gazette. Regional Labour Commissioner is the implementing athority of the awards.

A work person working for an organisation who has been working for not less than a year, can not be suddenly laid off or retrenched without a prior notice. Amount of salary paid to an employee in case of a Lockout or closing of a company are mentioned in the act of 1947.

2010 the industrial disputes Act was amended which provided for certain changes. The act has excluded persons who are employed in a supervisory capacity who draw more than 1600 rupees per month from provisions. The act has broadened its scope by bringing public sector undertakings, autonomous bodies, statutory bodies and CPSEs under its control.

The act mandates for industries with more than 20 workmen to set up a grievance redressal committee. The grievance redressal committee shall consist of six members who will reach a decision to any complaint within 45 days. All awards and settlements made by labour courts the tribunal shall be executed by a relevant civil court according to the code of civil procedure.

Sources :

https://www.indiacode.nic.in/handle/123456789/15191?view_type=browse&sam_handle=123456789/1362

https://www.india.gov.in/industrial-disputes-amendment-act-2010

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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