MS 28 IGNOU MBA Solved Assignment - Explain the principal objectives, scope and coverage of the Industrial Disputes Act, 1947-1. Describe the various machineries for investigation and settlement of disputes under the Act.

Explain the principal objectives, scope and coverage of the Industrial Disputes Act, 1947-1. Describe the various machineries for investigation and settlement of disputes under the Act.

Ans :

• “DISPUTES ACT, 1947 1 77 the indian Constitution sets up a machinery to achieve the goal of economic democracy alongwith political democracy, forthelatterwould be meaningless without the _ fonner in a poor country like lndia."13 Therefore the need for state intervention permeates the Act in its broad lines, "which in a welfare State cannot afford to look askance at industrial unrest and industrial disputes."" Industrial Arbitration is the tool available in the Act to the parties to industrial dispute which can be compelled by the State, thus the elements of Welfare State Policy and Social justice are the integral part of the Act, being routed through collective- bargaining, conciliation, arbitration and in the event of failure of these measures, compulsory adjudication is the provision.15 Hence it is the purpose ofthe Act to promote social iustice and welfare state policy by resorting to welfare of its subiects which was expressed in Life Insurance Corporation of India v. D.J. Bhadur casem as under; "The personality of the whole statute has a welfare basis, it _ being a beneficial legislation which protects labour. promotes their contentment and regulates situations of crisis and tension where production may be imperiled by untenable strikes

• under: "Though social and economic justice is the ultimate ideal - of industrial adjudication, its immediate objective in an industrial dispute as to wage structure ls to settle the dispute by constituting such awage structure as would do justice to the interests of both labour and capital, would l bring harmony between them and lead to the genuine and whole hearted co-operation in the task of production." 'This is a classic example, says Justice Raina, where the competing claims ol justice to the employer and social justice to the workers are reconciled in order to maintain harmony between part ll and partlv aslater emphasised in Minerva Mills case’°B. The foregoing discussion makes it clear that the main objective oi the Industrial Disputes Act, 1947 was to formulate a law which can deal with employees and employers in the matter of industrial relations and condition of work etc. So thatthe interest of industry, industrial workers and the community as a whole is well protected. SCHEME OF THE ACT : A BRIEF REVIEW 11. The Industrial Disputes Act, 1947 is a Central Act. The Act has so far undergone several major and minor amendments by the Parllament.1g lt contains 40 sections

•  1. Short title, extent and commencement

• 2.Definitions

• 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute

• 3. Works Committee

• 4. Conciliation officers

• 5. Boards of Conciliation

• 6. Courts of Inquiry

• 7. Labour Courts

• 7A. Tribunals

• 7B. National Tribunals

• 7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals

• 8. Filling of vacancies

• 9. Finality of orders constituting Boards, etc

• 9A. Notice of change

• 9B. Power of Government to exempt

• 10. Reference of dispute to Boards, Courts or Tribunals

• 10A. Voluntary reference of disputes to arbitration

• 11. Procedure and power of conciliation officers, Boards, Courts and Tribunals

• 11A. Powers of Labour Court, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen

• 12. Duties of conciliation officers

• 13. Duties of Board

• 14. Duties of Courts

• 15. Duties of Labour Courts, Tribunals and National Tribunals

• 16. Form of report or award

• 17. Publication of reports and awards

• 17A. Commencement of the award

• 17B. Payment of full wages to workman pending proceedings in higher courts

• 18. Persons on whom settlements and awards are binding

• 19. Period of operation of settlements and awards

• 20. Commencement and conclusion of proceedings

• 21. Certain matters to be kept confidential

• 22. Prohibition of strikes and lock-outs

• 24.Illegal strikes and lock-outs

• 25. Prohibition of financial aid to illegal strikes and lock-outs

• 25A.Application of sections 25C to 25E

• 25B. Definition of continuous service

• 25C. Right of workmen laid-off for compensation

• 25D. Duty of an employer to maintain musters rolls of workmen

• 25E. Workmen not entitled to compensation in certain cases

• 25F. Conditions precedent to retrenchment of workmen

• 25FF. Compensation to workmen in case of transfer of undertakings

• 25FFA. Sixty days’ notice to be given of intention to close down any undertaking

• 25FFF. Compensation to workmen in case of closing down of undertakings

• 25G. Procedure for retrenchment

• 25H. Re-employment of retrenched workmen

• 25I. Recovery of moneys due from employers under this Chapter

• 25J. Effect of Laws inconsistent with this Chapter

• 25K. Application of Chapter VB

• 25L. Definitions

• 25M. Prohibition of lay-off

• 25N. Conditions precedent to retrenchment of workmen

• 25O. Procedure for closing down an undertaking

• 25P. Special provision as to restarting undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976

• 25Q. Penalty for lay-off and retrenchment without previous permission

• 25R. Penalty for closure

• 25S. Certain provisions of Chapter VA to apply to industrial establishment to which this Chapter applies

• 25T. Prohibition of unfair labour practice

• 25U. Penalty for committing unfair labour practices

• 26. Penalty for illegal strikes and lock-outs

• 27. Penalty for instigation, etc

• 28. Penalty forgiving financial aid to illegal strikes and lock-outs

• 29. Penalty for breach of settlement or award

• 30. Penalty for disclosing confidential information

• 30A. Penalty for closure without notice

• 31. Penalty for other offences

• 32. Offence by companies, etc

• 33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings

• 33A. Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceeding

• 33B. Power to transfer certain proceedings

• 33C. Recovery of Money Due from an Employer

• 34. Cognizance of offences

• 35. Protection of persons

• 36. Representation of parties

• 36A. Power to remove difficulties

• 36B. Power to exempt

• 37. Protection of action taken under the Act

• 38. Power to make rules

• 39. Delegation of powers

• 40. Power to amend Schedules

1. Transport (other than railways) for the carriage of passengers or goods by land or water.

1. Banking.

1. Cement.

1. Coal.

1. Cotton textiles.

1. Foodstuffs.

1. Iron and steel.

1. Defence establishments.

1. Service in hospitals and dispensaries.

1. Fire brigade service.

1. India Government Mints.

1. India Security Press.

1. Copper Mining.

1. Lead Mining.

1. Zinc Mining.

1. Iron Ore Mining.

1. Service in any oil field.

1. Omitted

1. Service in uranium industry.

1. Pyrites mining industry.

1. Security Paper Mill, Hoshangabad.

1. Services in Bank Note Press, Dewas.

1. Phosphorite mining.

1. Magnesite Mining.

1. Currency Note Press.

1. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like.

1. Service in the International Airports Authority of India.

INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY SERVICES UNDER SUB-CLAUSE (VI) OF CLAUSE (N) OF SECTION 2

Industrial establishments manufacturing or producing Nuclear Fuel and Components, Heavy Water and Allied Chemicals & Atomic Energy.