1. THE INDUSTRIAL DISPUTE ACT 1947

2. OBJECTIVES OF THE ACT
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Promotion of measures for securing and preserving amity
and good relations between the employees and the workman.
An investigation and settlement of industrial disputes
between employers – employers, or employers –
workmen, or workmen – workmen with a right of
representation by trade unions.
Prevention of illegal strikes and lock outs.
Relief to workmen in the matter of lay-off and retrenchment.
To promote collective bargaining.

3. DEFINITIONS
1.Appropriate government [sec.2(a)]
Appropriate government means the central
government. it means that state government in relation
to any other industrial dispute.
2.Average pay[sec.2 (a)]
“average pay” means the average of the wages
payable to a workman.

4. 3.Employer [sec. 2(g)]
employer means:-in relation to an industry
carried on by or under the authority of any
department of the central government or a state
government the authority prescribed in this behalf.
where no authority is prescribed, the head of the
department.
4.Industry [sec.2(j)]
industry means any systematic activity carried
on by cooperation between an employer and his
workmen for the production, supply, or distribution of
goods or services with a view to satisfy human wants
or wishes.

5. 5.Industrial dispute [sec. 2(k)]
industrial dispute means any dispute , or difference
between employers – employers, or employers – workmen, or
workmen – workmen, which is connected with employment or
non employment or the terms of employment or with the
conditions of labour of any person.

6. AUTHORITIES UNDER THIS ACT
1.Works committee[section 3]
2.Conciliation officers[section 4]
3.Board of conciliation[sec .5]
4.Courts of inquiry[sec.6]
5.Labour courts
6.Industrial Tribunals[section 7-A]
7.National tribunals[sec.7-B]
8.Grievance settlement authorities

7. WORKS COMMITTEE
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Where? : establishments with 100 or more workers [Sec.3(1) &(2)]
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Members : Equal number of representatives of the Employer and Employees [Sec.3(1)
& Rule 40]
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Objective : promotion of good relationship between employer and employee(s)

8. CONCILIATION OFFICERS
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Appointed by appropriate Government
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Nature : appointed for a specified area or for specified industries in a specified area or
for one or more specified industries and either permanently or for a limited period.
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Duties :
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When a strike/lockout notice is issued in a public utility service, he is bound to convene
immediate conciliation meeting. [Sec.12(1) and Rule 9(1)]

9. 
If he succeeds in bringing out an understanding he gets the parties to sign a
settlement in Form H (Rule 58(1)] and make necessary entries in the register in
Form O and sent a copy to the Govt. [Sec.12(3) and Rules 58(1)(3) & 75]

If he fails to brings about a settlement, he has to bring the fact to the attention of the
Govt. [Sec.12(4)]

10. 
Powers of conciliation officer:
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Enter and inspect [Sec 11(1)]
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Summon any person as witness or compel the production of document [Sec.11(4)
and Rule 17]
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Grant/refuse to petition filed by employer on disciplinary matters during pendency
of conciliation before him.

11. BOARDS OF CONCILIATION
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Appointed by the appropriate Govt. as occasion arises for settlement of disputes.
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Board shall consist of an independent chairman and two or four members in equal
numbers to represent the parties to the dispute.
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The board can't work in the absence of the Chairmen or any member.

12. COURTS OF INQUIRY
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Appointed by the appropriate Govt. as occasion arises for settlement of disputes.
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Board shall consist of an independent person or independent persons as the appropriate
government may think fit. Where a court consists of two or more members, one of them
shall be appointed as the Chairman.
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The board can't work in the absence of the Chairmen or any member.

13. LABOUR COURT
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Constituted by the appropriate government for the adjudication of industrial disputes
relating to any matter specified in the Second Schedule and for performing such other
functions as may be assigned to them under this Act.
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Consist of one person only with the required qualification to be appointed by the
appropriate government

14. TRIBUNALS
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Consist of one person with the required qualification to be appointed by the appropriate
government. If required, Govt. may appoint 2 persons as assessors to advice in
Tribunal.

15. NATIONAL TRIBUNAL
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Constitute by the Central Govt. for the adjudication of industrial disputes which involve
questions of national importance or are of such a nature that industrial establishments
situated in more than one State are likely to be interested in.
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Consist of one person with the required qualification to be appointed by the appropriate
government. If required, Govt. may appoint 2 persons as assessors to advice in
Tribunal.

16. 8.GRIEVANCE SETTLEMENT AUTHORITIES
It should be constituted in every industrial establishment in which fifty or more
workmen are employed.

17. DUTIES OF VARIOUS AUTHORITIES
a)Duties of work committee
The duties of the Works Committee are to promote measures for securing and
preserving amity and good relations between the employers and workmen and to
comment upon matters of their interest or concern and to endeavour to compose any
material difference of opinion in respect of matters of common intents or concern of
employers and workmen.

18. b)Duties of conciliation officer
(1) where any industrial dispute exists or is apprehended, the Conciliation Officer,
shall hold conciliation proceedings. He will interview both the workmen
concerned with the dispute and endeavor to bring about a settlement.
(2) The conciliation Officer shall, for the purpose of bringing about a settlement of
the dispute, investigate the dispute and all matters affecting the merits and the
right settlement thereof and may do all such things as he thinks fit for the
purpose of inducing the parties to come to a fair
and amicable settlement of the dispute. .
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in
the course of the conciliation proceedings, the Conciliation Officer shall send a
report thereof to the settlement singed by the parties to dispute. .

19. (4) If no such settlement is arrived at, the Conciliation Officer shall, as soon as
practicable after the close of the investigation, send to the appropriate
Government a full report setting forth the steps taken by him for
ascertaining the facts and circumstances relating to the dispute and for
bringing about a settlement thereof, together with a full statement of such
facts and circumstances, and the reasons on account of which, in his
opinion, a settlement could not be arrived at.
(5) The report must be submitted within 14 days of the commencement of the
conciliation proceedings or within such shorter period as may be fixed by
the appropriate Government: provided that, subject to the approval of the
Conciliation Officer, the time for the submission of the report may be
extended by such period as may be agreed upon in writing by all the parties
to the dispute.
(6). If, on a consideration of the report in respect of failure of settlement, the
appropriate Government is satisfied that there is a case for reference to
Board, Labour Court, Tribunal or National Tribunal, it may make such
reference. Where the Government does not make such a reference, it shall
record and communicate to the parties concerned it's reasons thereof

20. c)Duties of board of conciliation
Conciliation Officer has to endeavor to bring about a settlement of a dispute referred to him
and to do anything to induce the parties to come to a fair and amicable settlement.
Where a settlement is reached a similar report and a memorandum of settlement have to
be submitted to the appropriate Government.

21. d)Duties of Courts of Inquiry (Sec. 14)
The Court of Inquiry of shall inquire into the matters referred to it and the report
of Inquiry thereon be presented before the appropriate Government; ordinarily
within a period of 6 months from the commencement of inquiry. The report of the
Court of Inquiry shall be in writing and be signed by all the members of the
Court, provided that a member may record a minutes of dissent also.

22. e)Duties of Labour Court (Sec. 15)
Where an industrial dispute has been referred to Labour-Court, for adjudication,
it shall hold its adjudication expeditiously and shall, submit its award to the appropriate
Government. The award of Labour Court shall be in writing and be signed by its
Presiding Officer (Sec.16)

23. STRIKES AND LOCKOUTS

Strike is collective stoppage of work by workmen undertaken in order to bring
pressure upon the employer. It is a spontaneous and concerted withdrawal of
workmen from production. A strike in usually organized by common agreement on
the part of the workers with a view to obtaining or resisting change to their
conditions of work.

Lockout is a weapon in the hands of the employer; which is used to curb the
militant spirit of the workers. In Lock-out, an employer shuts down his place of
business as a result of reprisal, or 2S an instrument of coercion or as a mode of
exerting pressure upon the employees with a view it dictate his own terms to them.

Strikes and lockouts have now become important factors in the employer -employee
relations.

24. UNFAIR LABOUR PRACTICES
No employer or workmen or a Trade Union, whether registered under Trade
Union's Act, 1926, or not, shall commit any unfair labour practice (Sec. 25-T) Any
person who commits any unfair labour practice shall be punishable with imprisonment
for a term which may extend to six months or with fine which may extend to Rs. 1000/or with both.

25. THANKS