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    Labour Court

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    Muhammad Khawaja
    The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It outlines the historical context leading to the Act, the objectives of providing machinery for regulating employer-employee relations. It then describes the main mechanisms for disputes settlement as mediation and conciliation, investigation, collective bargaining, arbitration and adjudication. The definitions of "industry", "workman", and "industrial dispute" are also summarized to define the scope of disputes covered under the Act.

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    Labour Court

    Uploaded by

    Muhammad Khawaja
    160 views8 pages
    The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It outlines the historical context leading to the Act, the objectives of providing machinery for regulating employer-employee relations. It then describes the main mechanisms for disputes settlement as mediation and conciliation, investigation, collective bargaining, arbitration and adjudication. The definitions of "industry", "workman", and "industrial dispute" are also summarized to define the scope of disputes covered under the Act.

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    The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It outlines the historical context leading to the Act, the objectives of providing machinery for regulating employer-employee relations. It then describes the main mechanisms for disputes settlement as mediation and conciliation, investigation, collective bargaining, arbitration and adjudication. The definitions of "industry", "workman", and "industrial dispute" are also summarized to define the scope of disputes covered under the Act.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    160 views8 pages

    Labour Court

    Uploaded by

    Muhammad Khawaja
    The document summarizes key aspects of the Industrial Disputes Act, 1947 in India. It outlines the historical context leading to the Act, the objectives of providing machinery for regulating employer-employee relations. It then describes the main mechanisms for disputes settlement as mediation and conciliation, investigation, collective bargaining, arbitration and adjudication. The definitions of "industry", "workman", and "industrial dispute" are also summarized to define the scope of disputes covered under the Act.

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    of 8

    Labour Court

    Seied Beniamin Hosseini


    February 2017
    Historical Background
    The earliest Indian statute to regulate the relationship between employer and his workmen was
    the Trade Dispute Act, 1929

    The industrial/labour legislations enacted by the British were primarily intended to protect the
    interests of the British employers.

    Restraining the rights of strike and lock out but no machinery was provided to take care of
    disputes.

    The original colonial legislation got modifications because independent India called for a clear
    partnership between labour and capital.
    Object of 1948 Act
    The Industrial Disputes Act, 1947, provide the machinery for regulating the rights of
    the employers and employees for investigation and settlement of industrial disputes in
    peaceful and harmonious atmosphere by providing scope for collective bargaining by
    negotiations and mediation etc

    By voluntary arbitration or compulsory adjudication by the authorities created under


    these statutes with the active participation of the trade unions.

    Mechanism of Disputes Settlement

    Mediation and Collective


    Adjudication Investigation
    conciliation bargaining
    Collective bargaining

    Collective bargaining is a technique by which disputes of employment are resolved


    peacefully and voluntarily by settlement between labour unions and
    managements.

    Under the Act two types of settlement have been recognised

    Settlement arrived in the course of


    Settlement not arrived in the course
    conciliation proceeding before the
    of conciliation proceedings but signed
    authority. Such settlements not only
    independently by the parties to the
    bind the member of the signatory
    settlement binds only such members
    union but also non-members as well as
    who are signatory or party to the
    all the present and future employees of
    settlement.
    the management.

    Section 19 of the Act prescribes the period of operation inter alia of such a settlement
    and envisage the continuation of the validity of such a settlement unless the same is not
    replaced by another set of settlement, while Section 29 prescribes the penalty for the
    breach of such a settlement.
    Mediation and Conciliation - Investigation
    Under the Act, an effective Section 6 of the Act empowers the government to constitute a
    conciliation machinery has court of inquiry, for inquiring into any matter pertaining to an
    been provided which can take Industrial Dispute. The procedure of the court of inquiry has
    cognizance of the existing as also been prescribed by Section 11. While the report of the
    well as apprehended dispute, court is not binding on the parties, many time it paves the way
    either on its own or on being for an agreement.
    approached by either of the
    parties to the dispute. The Arbitration
    Act further makes conciliation Voluntary arbitration is a part of the infrastructure of resolving
    compulsory in majority of the Industrial Dispute in the Industrial adjudication. Section 10
    disputes. of the Act provides for the provision for resolving the Industrial
    Dispute by way of arbitration, which leads to a final and binding
    award. However, in India arbitration is not a preferred way of
    resolving Industrial Disputes.
    Adjudication 226. Power of High Courts to issue certain writs
    Adjudication means a mandatory settlement Notwithstanding anything in Article 32 every
    of Industrial Disputes by labour courts, High Court shall have powers, throughout the
    Industrial Tribunals or National Tribunals territories in relation to which it exercise
    under the Act or by any other corresponding jurisdiction, to issue to any person or authority,
    authorities under state statutes. The including in appropriate cases, any Government,
    adjudicatory authority resolves the Industrial within those territories directions, orders or
    Dispute referred to it by passing an award, writs, including writs in the nature of habeas
    which is binding on the parties to such corpus, mandamus, prohibitions, quo warranto
    reference. There is no provision for appeal and certiorari, or any of them, for the
    against such awards and the same can only enforcement of any of the rights conferred by
    be challenged by way of writ under Articles Part III and for any other purpose
    226 and 227 of the Constitution of India
    before the concerned High Court or before
    the Supreme Court by way of appeal under
    special leave under Article 136 of the 136. Special leave to appeal by the Supreme
    Constitution of India. Court Notwithstanding anything in this Chapter,
    the Supreme Court may, in its discretion, grant
    227. Power of superintendence over all
    special leave to appeal from any judgment,
    courts by the High Court decree, determination, sentence or order in any
    Every High Court shall have superintendence cause or matter passed or made by any court or
    over all courts and tribunals throughout the tribunal in the territory of India
    territories interrelation to which it exercises
    jurisdiction
    the first part says that ‘it means any business, trade,
    undertaking, manufacture or calling of employees and then
    goes on to say that it, includes any calling, services employment,
    The dispute must handicraft or industrial occupation or avocation or workmen.
    relate to an ‘Industry’
    Thus one part of the definition defines it from the standpoint of
    the employer; the other from the standpoint of the employees.

    Under this Act an Industrial Dispute can be raised only by ‘workman’ employed in an
    ‘industry’.

    ‘Workman’, which means any person employed including an apprentice, in any industry to
    do any skilled, unskilled, manual, clerical, supervisory or technical work for hire or reward,
    whether the terms of employment be expressed or implied.

    It excludes inter alia any person who has been employed mostly in managerial or
    administrative capacity or in supervisory capacity drawing wages exceeding 1600/- per
    month or exercises either by the nature of the duty attached to the office or by reason of
    the powers vested in him, functions mainly of a managerial nature
    The dispute must be an ‘Industrial
    Dispute’.

    Dispute or difference

    Between employer and Between Workman and Between Employer and


    employers workman workman

    Subject matter of dispute


    Connected with

    The employment or non-


    The terms of employment The condition of labour.
    employment

    Only disputes covered under the definition can be referred for conciliation or adjudication

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