Industrial Disputes Act, 1947

Disputes can arise in between employer and employee, employee and employee, employer and employer.

What are the reasons for dispute?
Major reasons in which disputes can arise are:-
• Working
Disputes can arise in between employer and employee due to the working hours or compensation.
• Wages
Disputes can arise due to the amount or payment time.
• Compensation
Disputes can arise due to layoff retrenchment and accident.
• These are some of the reasons which causes the disputes between the employer and employee.

Results of the disputes
• The relations between employer and employee due to the disputes gets damaged.
• Disputes creates a bad relationship between the employer and employee. It hampers their relationship.

Consequences
• Employer will declare Lockout, retrenchment or lay off of the employees.
• Sometimes it results in to closures of businesses.
• Employees will go on strike, agitation or causes damage to the property of the employer.
• Disputes results into loss of not only the employer and employee but the industry, state and the Nation at large.

Objectives
• The main objective of the industrial dispute act is to make the relations between the employer and the employee amicable.
• To provide for a just and equitable settlement for a dispute
• To settle the disputes between them
• Make some or the other solutions to prevent the happening of such disputes in the future to solve the problems that was created between the employer and employee.
• The action will be taken by the government and the employer as well.

Principle objectives
• Promotion of measures:- measures include good relations between the employers and employees
• Settlement of industrial disputes
• Prevention of illegal strikes and lockouts
• Relief to women in the matter of layoff, closure of an undertaking.
• Promotion of collective bargaining. ( collective bargaining means negotiation of wages) .
• Scope of the industrial dispute act
• It applies to the whole of India.
• Industrial establishments. ( establishment employing one or more workmen) .
• It applies to both technical employee or non technical employee.

Industrial Disputes Act excludes:-
• Persons who are employed in managerial and administrative workmen subject to Army Act, Air force Act, persons who are engaged in police, prison, civil services of the government.

Measures undertaken for the prevention of conflicts and disputes.
• Negotiation
• Setting up a works committee. ( works committee are for those establishments who employs a hundred or more persons)
• Prohibition of changes in the conditions of terms and services without giving notice to the workmen employer will be held liable if the workmen gets affected by such change.
• Sending notice of the strike within 6 weeks before striking. The notice can be sent by registered post or hand delivery. A strike will become illegal if it is resorted to without giving notice to the employer or within 14 days of the strike.
• Prohibition of the unfair labor practices.
• Prohibition of lay off and closure of establishment.

When does the strike becomes illegal?
• Strike resorted to without given notice to the employer or within 14 days of the strike.
• Where there is a recognised Trade union before given such notice of the strike the union must obtain its vote in the majority of its members without obtaining the votes is in legal.
• Arbitration
A strike resorted to during the sustenance
• Dispute is pending
• Settlement of award is in operation
• When the date of the strike gets expired.

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.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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