2. Industrial Disputes Act 1947
• The Industrial Disputes Act 147 was enacted to secure industrial
peace and harmony by providing machinery and procedure for the
investigation and settlement of industrial disputes by negotiations
rather than strike and lock-outs.
• The Industrial Disputes Act, 1947 extended to the whole of India
and regulated Indian Labour Law so far as that concerns trade
unions as well as Individual workman employed in any Industry
within the territory of Indian mainland. Enacted in 1947 and It
came into force in 1947. It was replaced by the Industrial
Relations Code 2020.
3. Continued..
• The laws apply only to the organised sector. It talks about the
Regulation of strikes and lockouts and the proper procedure which
is to be followed to make it a Legal instrument of 'Economic
Coercion' either by the Employer or by the Workmen. The
amendment in 1976, requires firms employing 300 or more
workers to obtain government permission for layoffs,
retrenchments and closures. A further amendment in 1982 (which
took effect in 1984) expanded its ambit by reducing the threshold
to 100 workers. The Industrial Disputes Act extends to whole of
India and applies to every Industry and its various industrial
establishment carrying on any business, trade, manufacture or
distribution of goods and services irrespective of the number of
workmen employed there in.
4. Continued..
• Every person employed in an establishment for hire or reward
including contract labour, apprentices and part-time employees to
do any manual, clerical, skilled, unskilled, technical, operational
or supervisory work, is covered by the Act.
• This Act does not apply to persons mainly in managerial or
administrative capacity, persons engaged in a supervisory capacity
and drawing > 10,000 p.m. or executing managerial functions and
persons subject to Army Act, Air Force and Navy Act or those in
police service or officer or employee of a prison.
5. Continued…
• Machineries for settlement of industrial disputes are:
• Works Committee
• Conciliation office
• Board of Conciliation
• Court of inquiry
• Labour Court
• Industrial Tribunal, &
• National Tribunal
6. Factories Act 1948
• The Factories Act, 1948 as amended by the Factories
(Amendment) Act, 1987 served to assist in formulating national
policies in India with respect to occupational safety and health in
factories and docks in India. It dealt with various problems
concerning safety, health, efficiency and well-being of the persons
at workplace. It was replaced by the Occupational Safety, Health
and Working Conditions Code,2020. The Act is applicable to any
factory using power & employing 10or more workers and if using
power, employing 20 or more workers on any day of the preceding
twelve months without aid of power, but this does not include a
mine, or a mobile unit belonging to the armed forces of the union,
a railway running shed or a hotel, restaurant or eating place.
7. Continued..
• The state government is the chief administrative authority that
ensures enforcement of this act in the state through the
inspectorate. The state government also appoints doctors or
surgeons for certifying children and adolescents as fit to work in
factories. However, the state government is bound by such
directions of the central government as it may give for executing
for the provisions of the Act.
• The Act makes following provisions for health, safety and welfare
of the workers apart from many others.
8. Continued…
• 1. To provide Health Measures- Cleanliness disposal of wastes and
effluents, Ventilation, Prevent dust and Fumes, Avoid
Overcrowding, Lighting and Drinking Water, AND Urinals &
Spittoons.
• 2. Undertake Safety Measures- Fencing of all dangerous and
moving parts of the machine, Restriction of young to work on any
dangerous machine, Keeping floors, stairs, steps etc. free from
obstruction, Providing necessary equipment wherever required,
providing safe means of escape in case of fire And Appointing
Safety Officers in factories employing 1000 or more workers.
9. Continued…
• 3. Welfare Amenities- Washing and drying of wet cloths during
working hours, Sitting Arrangements for employees, First-aid
Boxes, Ambulance rooms, Canteens, Rest-rooms, AND Daycares.
• Working Hours, Holidays and Overtime.
• Employment of Young Persons and Women.
• Notice of Accidents & Diseases.
• Obligation for Hazardous Process.
•
10. Payment of Wages Act 1936
• The Payment of Wages Act, 1936 regulates payment of wages to
employees (direct and indirect). The act is intended to be a
remedy against unauthorized deductions made by employer and
/or unjustified delay in payment of wages. The main object of the
Act is to eliminate all malpractices by laying down the time and
mode of payment of wages as well as securing that the workers
are paid their wages at regular intervals, without any
unauthorized deductions.
• The Act is applicable to the employees receiving wages below Rs.
10000/-p.m. Persons employed in a railway establishment, either
directly or through a contractor are also covered under the Act.
11. Continued…
• The Act is administered by the state governments in their
respective states. In case of railways, mines, oil-fields, and
central air transport services, it is administered by the Central
Government. The central and state governments are empowered
to appoint the inspectors and payment of wages authority and
make rules for enforcement of the provisions of the Act.
12. Continued…
• The various obligations of employers are:
• Responsibility of Payment of Wages
• Fixation of wage period
• Time of Payment
• Mode of Payment
• Not to make unauthorized deduction
• Payment of wages in case of death of an employee, &
• Maintaining Returns, registers and records.
13. Continued…
• The following benefits are available under the Payment of Wages
act 1936:
• The regular and timely payment of wages.
• That unauthorized payment is not deducted from wages and
arbitrary funds.
• That wages exceeding 3000/- to be paid by cheque.
14. Minimum Wages Act, 1948
• The Minimum Wages Act, 1948 is a Central legislation aimed at
statutory fixation of minimum rates of wages in the employments
where sweated labour is prevalent with possibility for exploitation
of unorganized labour. The Act aims at statutory fixation of
minimum wages with a view to prevent exploitation of labour.
• The object of this Act is to promote the welfare of workers by
fixing minimum rates of wages in certain industries where labour
is not organized and sweated labour is most prevalent.
15. Continued..
• Where an employee, whose minimum rate of wages is fixed under
this Act by the hour, by the day or by such a longer wage-period as
may be prescribed, works on any day in excess of the number of
hours constituting a normal working day, the employer shall pay
him for every hour or for part of an hour so worked in
• Minimum wages have been defined as “the minimum amount of
remuneration that an employer is required to pay wage earners
for the work performed during a given period, which cannot be
reduced by collective agreement or an individual contract”. ...
The purpose of minimum wages is to protect workers against
unduly low pay.
16. Continued…
• The Act extends to whole of India and applies to all establishments
employing one or more persons and engaged in any of the
scheduled employments.
• The Act covers every employee engaged in scheduled
employment, including an ‘out-worker’ to whom the materials are
given out for manufacturing or processing at his own premises.
• The Act is a central legislation, but its enforcement is
administered by the central and state governments in their
respective spheres.
• The appropriate government shall appoint such committees and
sub-committees as may be necessary to hold enquiries and advise
in respect of fixation of minimum rates of wages.
17. Continued…
• The different provisions of the Act are:
• Fixation of minimum rates of wages
• Fixation of working Hours etc.
• Wages for two or more classes of work
• Over time wages
• Wages in cash/kind, &
• Maintenance of Returns, Registers and Records
