Industrial Disputes Act
INDUSTRIAL DISPUTES ACT
Description also available in video format (attached
below), for better experience use your desktop.Introduction
·
This Act was introduced in 1947
·
Industrial Disputes refers
to the difference or dispute of any type between the
o
Employer and worker
o
Worker and Worker
·
It can be connected to the employment or non
employment also
Objectives
& Causes of ID
·
Objectives
o
To ensure the availability of suitable
machinery for the peaceful settlement of ID
o
To promote the steps for securing the good
relation and terms between the employer and employees
o
To prevent Strikes
o
To prevent illegal lockouts
o
To promote collective bargaining
o
To avoid unfair labor practices
·
Causes
o
Demand for the
§ Higher wages & benefits
§ Bonus
§ Social security benefits
§ Good & Safer working conditions
§ Improvisation of labor welfare
Methods
of Settle the ID
·
Conciliation
o
A method which involves the use of 3rd
party services(by government) to resolve out the disputes between the two
parties
o
The government of India gives two things to
resolve the ID
§ Conciliation
Officer
· Appointed by the Central government
· Responsible to resolve the ID between the two parties
· Given the power of a civil court
· Authorized to call the witness the parties on oath
§ Board of
Conciliation
· Enters in the ID, whenever the Conciliation officers
fails to resolve it
· Consist of a Chairman and four other members
· Have to submit its report to the government within 2
months of the date of ID
·
Arbitration
o
A method in which both the parties of ID
agree to refer their dispute to a 3rd neutral party (Arbitrator)
o
In Arbitration
the Arbitrator gives out a decision on a dispute while in case of Conciliation, the conciliator disputing
parties to reach at a decision
o
It can be classified into 2 categories
§ Voluntary Arbitration
§ Compulsory Arbitration (forced by the government)
·
Adjudication
o
It is the ultimate option to resolve out the
ID in a legal manner by the help of
§ Labor Court
· It is constituted under the section 7 of this act by the
government of India
· It consists of One Independent person who has been a
judge of High Court
· The issues that comes under this court are
o
Legality of an employer to pass an order
o
Application and Interpretation of standing
orders
o
Discharge, dismissal of a worker wrongfully
o
Withdrawal of any statutory concession
o
Illegal strike or lockout
§ Industrial Tribunal
· For the adjudication of ID the government can constitute
one or more tribunals
· They have wider jurisdiction in comparison to the Labor
court
· It is constituted for a limited period of time and the
issues that comes under it are
o
Wages
o
Mode of payment
o
Working hours
o
Rest periods
o
Rationalization
o
Leaves
o
Bonus & Profit sharing
Video
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