Industrial Dispute Act 1947 Definition, Authorities
Industrial Dispute Act 1947 Definition, Authorities: The Industrial Disputes Act of 1947 was established in the post-independence period with the goal of regulating employer-employee interactions and maintaining peace and harmony between them.
The Industrial Disputes Act of 1947 covered the whole country and controlled Indian labour law in terms of trade unions and individual workers engaged in any industry on the Indian mainland. It was enacted on March 11, 1947, and went into effect on April 1, 1947. The Industrial Relations Code of 2020 took its place.
Employer
The word “employer” is defined under section 2(g) of the Industrial Disputes Act of 1947 as “the person allowed to conduct work in the position of an employer under the direction of either the Central Government, the State Government, or the local authority.”
Industry
Section 2(j) of the legislation defines industry as “any business, trade, enterprise, manufacturing, or calling,” which includes “any calling, service, employment, handicraft, or industrial profession or avocation of workers.”
Only when there is a link between the employer and the employee, and the former is involved in a business trade or venture and the latter is engaged in any calling service employment or handicraft, can an industry exist.
Workmen
Workmen are defined as “any individual engaged in any business to carry out skilled, unskilled, physical, technical, operational, clerical, or supervisory labour,” according to section 2(s) of the act.
“Adequate Government” entails
In connection to any industrial dispute involving any industry carried on by or under the jurisdiction of the Central Government, or by a railway company 6, or any such regulated industry as the Central Government may specify in this regard] or any industrial dispute involving.
The term “average salary” refers to the sum of a worker’s wages:
- In the instance of a monthly salaried employee, over the course of three calendar months
- In the instance of a weekly paid worker, over the course of four weeks
If the workman had worked for three complete calendar months, four complete weeks, or twelve full working days, as the case may be, and if such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked in the twelve full working days preceding the date on which the average pay becomes payable.
“Award” comprises an arbitration award rendered under section 10A and includes an interim or final resolution of any industrial dispute or any question relevant to it by any Labour Court, Industrial Tribunal, or National Industrial Tribunal.
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A Board of Conciliation established under this Act is referred to as a “Board.”
“Closure” refers to the whole or partial closure of a place of work.
A conciliation officer constituted under this Act is referred to as a “conciliation officer.”
Any hearing conducted by a conciliation officer or Board under this Act is referred to as a “conciliation proceeding.”
Any business over which the Union has been proclaimed by any Central Act to be expedient in the public interest is referred to as a “controlled industry.”
The term “court” refers to a Court of Inquiry established under this Act.
Any conflict or difference between employers and employers, employers and workers, or workers and workers, relating to the employment or non-employment, terms of employment, or working conditions of any individual is referred to as a “industrial dispute.”
“Industrial establishment or undertaking” means an establishment or undertaking in which any industry is carried on: provided, however, that if many activities are carried on in an establishment or undertaking, only one or some of them is or are an industry or industries.
The Act further specifies:
The provision for a worker’s compensation in the event of a plant closure, layoff, or retrenchment.
The method for obtaining advance approval from the competent government for layoffs, retrenchments, or the closure of industrial facilities.
Unfair labour practises by an employer, a labour union, or employees.
Industrial Dispute Act 1947 Definition, Authorities
The 1947 Industrial Disputes Act covers the whole country of India. It went into effect on April 1, 1947.
In the case of Workmen of Dimakuchi Tea Estate versus Management of Dimakuchi Tea Estate AIR 1958 SC, the supreme court emphasised the following main objectives.
1) The act intends to encourage policies that aid in the maintenance of good and friendly relations between the employer and the employee.
2) An examination and resolution of problems between an employer and an employee, an employer and workers, and workers and workers, as well as the right to join trade unions.
3) The bill also aims to eliminate unlawful strikes and lockouts.
4) It also aids in providing assistance to workers in the event of layoffs, retrenchments, or the closing of a business.
5) It aids in the process of collective bargaining.
The Industrial Disputes Act is a piece of social law that attempts to strike a balance between the interests of the major industrial players.
The Industrial Disputes Act of 1947 had a number of goals.
The 1947 Industrial Dispute Act was created with the following goals in mind:
a) To promote peace in the workplace
b) To provide the workers a fair wage.
According to the preamble of the Industrial Disputes Act of 1947, the goals are:
a) To establish procedures for investigating and resolving labour disputes.
b) The goal of all labour laws is to guarantee that workers are paid fairly and to avoid labour conflicts.
The following are the authorities granted under the act:
The legislation establishes a works committee, a conciliation officer, a conciliation board, courts of inquiry, a labour court, a tribunal, and a national tribunal.
- Committee of Works:
This is defined in section 3 of the act, which states that each industrial establishment should have a works committee with equal representation from both the employer and the employee. It is to attempt to resolve the issue in the first instance via a mediation procedure at the early stages of the conflict. The works committee also makes remarks on the disputed issues from time to time.
- Officer in charge of conciliation:
The provisions of the conciliation officer are discussed in Section 4 of the Industrial Disputes Act of 1947. It provides that the competent government, whether it is the federal government, a state government, or a municipal government, will appoint as many conciliation officers as it sees proper.
The conciliation officer’s job is to mediate and facilitate the resolution of workplace disputes. The conciliation officer may be appointed on a permanent or temporary basis.
- Conciliation Board:
The relevant government establishes the board of conciliation under section 5.
The board of conciliation was established to aid in the resolution of labour disputes.
The chairman and two or four additional members of the board are appointed. The chairman of the board is an independent person, and the other members of the board are selected in equal numbers to represent the parties in disputes, with the person representing the party being nominated by the party. The party must choose such representatives within the time frame specified, and if the party fails to do so within that time frame, the competent government may appoint someone to act as the party’s representative.
A board must function according to the quorum requirements, but if the chairman or another member, as the case may be, is no longer accessible, the board must wait until a new chairman or member has been chosen.
- Courts of Inquiry (Courts of Inquiry):
Section 6 of the legislation also discusses the establishment of a court of inquiry to undertake an investigation into the topic at hand.
The court of inquiry will be presided over by an independent person or persons chosen by the appropriate government. When there are two or more people on the court, any of them might be nominated as chairman.
- Court of Labor:
The act’s section 7 deals with the relevant government’s creation of the labour court. It has the authority to establish one or more labour courts as it sees proper for the adjudication of industrial disputes under Schedule II. It is made up of one individual who is selected by the relevant government. The following are the qualifications of the court’s presiding officer:
a) If he is or has been a high court judge
b) He has served as a district judge or an extra district judge for at least three years.
c) Has served as a judge for at least 7 years.
d) He has served for at least five years as the presiding officer of a Labor Court established under any Provincial or State Act.
e) He is or has been a State Labor Department Deputy Chief Labor Commissioner (Central) or Joint Commissioner with a law degree and at least seven years of service in the labour department, including three years as a Conciliation Officer.
f) He is a Grade I officer with years of experience in the Indian Legal Service.
- Tribunal:
Section 7A provides for the establishment of one or more tribunals for the adjudication of disputes related to the features listed in Schedules 2 and 3. One person will serve on the tribunal, who will be selected by the competent government.
The following are the qualifications of the tribunal’s presiding officer:
a) He is or has been a High Court Judge;
b) He has served as a District Judge or an Additional District Judge for at least three years;
c) He is or has been a State Labor Department Deputy Chief Labor Commissioner (Central) or Joint Commissioner, with a law degree and at least seven years of experience in the labour department, including three years as a Conciliation Officer:
d) He is a Grade III officer with three years of experience in the Indian Legal Service.
Two assessors will be appointed by the competent government to advise the tribunal.
- Tribunal National:
Section 7B deals with the central government’s appointment of one or more national tribunals to adjudicate industrial disputes that, in the opinion of the central government, involve questions of national importance or are of such a nature that industrial establishments in multiple states are likely to be interested in or affected by such disputes. The national tribunal will be made up of just one person, who will be chosen by the central government. He must be or have been a judge of a high court to be appointed as the presiding officer of a national tribunal. The federal government may also designate two assessors to provide advice to the national tribunal in the case at hand.
Disqualifications for the position of presiding officer of a labour court, tribunal, or national tribunal include the following:
The provision relating to the disqualification of the presiding officer is discussed in Section 9 c of the act, which states that if a person is not an independent person or has reached the age of 65, he cannot be appointed as the presiding officer of a labour court, tribunal, or national tribunal by the central government.