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Introduction
Scope and Object
Definitions
Modes of Settlement of Industrial Dispute
Notice of Change
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This law relates to industrial development of
the country and hence these laws plays an
effective role in governing the rules and
regulations prevailing in any industry.
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Appropriate Government Sec 2(a)
Average Pay Sec 2 (aaa)
Award Sec 2(b)
Banking Company Sec 2 (bb)
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Appropriate Government Sec 2 (a)
In relation to some industrial disputes, the Central govt and in relation to some others, the state govt
concerned are the appropriate govt to deal with such disputes.
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Average pay Sec 2(aaa)
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Calculating average pay in respect of workman whether he is paid by month, week or by day.
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Award Sec 2(b)
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An interim or final determination
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Banking Company Sec 2 (bb)
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As defined in sec 5 of Banking companies Act 1949
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Closure Sec 2 (cc)
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Permanent closing down of place of employment or part thereof
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Employer Sec 2 (g)
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A person who employees someone to do work for him
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Independent Sec 2(i)
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Unconnected with the industrial dispute or with any industry
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Industry Sec 2(j)
It means any systematic activity carried on by cooperation between an employer and his
workmen for the purpose of production, supply or distribution of goods and services with a
view to satisfy human wants or wishes
Industrial Dispute Sec 2 (K )
Dispute or difference between employers and employers, or employers and workmen;
workmen and workmen
Industrial establishment or Undertaking ( Sec 2 A)
Layoff Sec 2(kkk)
Layoff means putting aside workmen temporarily.
Lockout Sec 2 (L)
Lockout means closing of place of employment or suspension of work or the refusal by an
employer to continue to employ any number of persons employed by him
Public Utility Service Sec 2 (n)
Any railway service or any transport service, major port or dock, postal ,telegraph, telephone
services, industry supplying power, light or water, public conservancy or sanitation.
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Retrenchment Sec 2 (oo)
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Discharge of surplus labour or staff by the employer for any reason whatsoever
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Settlement Sec 2 (p)
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Modes of settling industrial disputes between employer and workmen
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Strike Sec 2 (q)
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Strike means stoppage of work by body of workmen acting in concert with a view to bring pressure upon the
employer to concede to their demands during an industrial dispute
Wages Sec 2(rr)
Wages means all remuneration capable of being expressed in terms of money, which would , if terms of
employment, expressed or implied were fulfilled, be payable to workman in respect of his employment or of
work done in such employment.
Workman Sec 2 (s)
Workman means any person doing manual, skilled, unskilled, technical, operational, clerical, or supervisory
work for hire or reward whether terms of employment are expressed or implied
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Conciliation
Adjudication
Arbitration
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Works Committee Sec 3
An instrument for peaceful settlement of
industrial dispute has been introduced in
India for the first time under act.
Where 100 or more workmen should be
present employed or should have been
employed or any day preceding 12 months.
Establishment should be industrial in nature.
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It is discretionary on part to appoint
Conciliation Officers
Independent agency
He cannot make a final decision
Has to investigate dispute without any delay
To hold conciliation proceedings and to make
report with memorandum of settlement
Must submit report within 14 days
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Consist of two chairman and two or four
other members
To investigate dispute and all matters
relating.
If settlement arrived at, board is required to
send a report to appropriate govt.
In case of failure, failure report to send.
Must submit report within two months from
date on which the dispute is referred to.
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To inquire into any matter appearing to be
connected with or relevant to industrial
dispute.
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First duty is to enquire into matter.
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Second to make report
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Third to submit a report within a period of six
months.
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Labour Courts ( Sec 7)
Adjudication of Industrial disputes
Matters in second schedule:
Propriety or legality of any order passed
Application and interpretation of standing
orders
Discharge or dismissal of workmen
Illegality of strike or lock out
Matters in Third Schedule
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Matters relating to third schedule:
Wages including period and mode of payment
Compensatory and other allowances
Hours of work and rest intervals
Leave with wages holidays
Bonus, profit sharing, provident fund and
gratuity
Classification by grades
Rules of discipline
Rationalization
Retrenchment of workmen and closure of
establishment
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To constitute one or more national tribunals
by notification in the official gazette
Relates to dispute of national importance and
are of such nature that industrial
establishment situated in more than one state
Shall consist of one person to be appointed
by central government
Or shall had been a judge of High Court
Central govt can appoint two persons as
assessors to advise in proceedings.
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Where in industrial establishment there are
more than 50 or more workmen in any
preceding twelve months
Where dispute is connected with an individual
workmen and he has referred such dispute to
the authority
Shall follow procedure and complete its
proceedings within such period as may be
prescribed
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Sec 10 A says that arbitration should be by a
written agreement.
Reference should be made before dispute had
been referred to u/s 10 to a labour court or
tribunal or national tribunal.
The names of the person or persons to act as
arbitrator must be specified in the
agreement. Such person may be presiding
officers of labour court, tribunal or national
tribunal.
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As mentioned in schedule Fourth:
Wages , including the period and mode of
payment.
Contribution paid or payable by the employer
to any provident fund or pension fund
Compensatory and other allowances.
Hours of work and rest intervals.
Leave with wages and holidays
Rationalization, standardization, or
improvement of plant or technique which is
likely to lead to retrenchment of workmen.