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1. The Industrial Disputes Act, 1947

3. 40 sections

7. the closing of a place of employment; or

8. the suspension of work; or

9. the refusal by an employer to continue to employ any number of persons employed by him.

11. (Cont……) The notice shall not be necessary where there is already in existence a strike or lock-out in the public utility service. The notice shall be given in such manner as may be prescribed. The employer shall report to the appropriate govt. or any legal authority regarding the no. of notices that he received or gave within 5 days

12. (Cont….) No workman or employer shall go on strike or declare a lockout [Sec.23] : During adjudication before a Board and 7days thereafter. During adjudication before a labour Court, Tribunal & National Tribunal and 2 months thereafter. During arbitration before an Arbitrator & 2 months thereafter. A settlement or an award is in operation

13. ILLEGAL STRIKES/LOCKOUTS In public Utility Services [Sec.22(1)&(2),23,30,19] Without giving 14 days notice Commenced after 42 days of notice Prior to the date indicated in the notice. During the pendency of proceedings During the period when a settlement or award is in operation on same matters.

17. In case, permission is not obtain/refused, full wages. [Sec. 25M(8)]

18. If the employee refuse to accept alternative employment under the same employer within a radius of 5 miles, the worker is not eligible for any compensation. [Sec. 25E(1)]

19. If not reported for attendance, no compensation. [Sec. 25E(2)]

22. Sec. 2 (oo) defines Retrenchment as the termination by the employer of the service of the workman for any reason whatsoever, otherwise than a punishment inflicted by way of disciplinary action.

24. 1 month notice in written & reason for retrenchment.

25. 15 days average pay for every completed year of service.

27. Has been given 3 months notice in written, indicating the reasons for retrenchment.

29. Government or authority after making inquiry may grant or refuse the permission to the employer within 3 months of the date of service of the notice.

30. if it does not communicate within 3 months of such notice then the retrenchment is legal.

33. (Contd….) Where permission is required, application should be submitted (in the case of factories, mines and plantations) to the Govt. with copy to the union at least 90 days in advance. [Sec. 25O(1)] If no reply is received within 60 days permission can be assumed [Sec.25O(3)]

36. To interfere with, restrain from, or coerce, workmen in the exercise of their right to organize, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection.

37. To dominate, interfere with or contribute support, financial or otherwise, to any trade union.

39. To discharge or dismiss workmen.

40. To abolish the work of a regular nature being done by workmen, and to give such work to contractors as a measure of breaking a strike.

41. To transfer a workman mala fide from one place to another, under the guise of following management policy.

43. (Contd….) To recruit workman during a strike which is not an illegal strike. Failure to implement award, settlement or agreement. To indulge in acts of force or violence. To refuse to bargain collectively, in good faith with the recognized trade unions. Proposing or continuing a lock-out deemed to be illegal under this Act.

45. (Contd….) To indulge in coercive activities against certification of a bargaining representative. To stage, encourage or instigate such forms of coercive actions as willful, "go-slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staff. To stage demonstrations at the residence of the employers or the managerial staff members.

46. To incite or indulge in willful damage to employer’s property connected with the industry. To indulge in acts of force or violence or to hold out threats of intimidation against any workman with a view to prevent him from attending work. (Contd….)

47. AUTHORITIES UNDER THIS ACT Works committee Conciliation officers Board of conciliation Courts of inquiry Labour courts Tribunals National tribunals

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

50. 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.

51. Duties :

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

55. COURTS OF INQUIRY Appointed by the appropriate Govt. as occasion arises for settlement of disputes. 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. The board can't work in the absence of the Chairmen or any member.

56. LABOUR COURT 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. Consist of one person only with the required qualification to be appointed by the appropriate government

57. THE SECOND SCHEDULE : Matters with in the Jurisdiction of labour Courts (Section 7) The propriety or legality of an order passed by an employer under the standing orders The application and interpretation of standing orders Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed Withdrawal of any customary concession or privilege Illegality or otherwise of a strike or lock-out; and All matters other than those specified in the Third Schedule.

60. (Contd….) Shift working otherwise than in accordance with standing orders Classification by grades Rules of discipline Rationalization Retrenchment of workmen and closure of establishment Any other matter that may be prescribed.

63. DUTIES OF ADJUDICATION MACHINERY To complete the adjudication proceedings and submit the report within the time [Sec.15, 10(2)(a)] To restrict the scope of their judgment to the point referred to them [Sec.10(4)]

64. POWER OF ADJUDICATORS They can enter any establishment for fact finding [Sec.11(2) and Rule 23] Can enforce attendance of any person and production of documents [sec.11(3), rules 10A &10B] Empowers to administer oath and issue summons to parties and witnesses [Rule 16,17,18]

66. Can pass orders awarding cost to the aggrieved party [sec.11(7)]

67. Review punishment and can reduce/substitute punishments [Sec. 11 (A)]

68. Can pass orders on money claim petitions filled by workmen against employers [Sec. 33(C)(2)]

70. REPRESENTATION OF PARTIES Advocates are prohibited from appearance. [Sec.36(3)] However advocates can be permitted on mutual consent. [Sec.36(4)] A co-worker, any union official can represent a workman [Sec.36(1)(a),(b),(c)] Officer of an association of Employers. [Sec.36(2)(a),(b),(c)]

71. BIBLIOGRAPHY Indian Business Enviornment -T.R.Jain, MukeshTrehan & RanjuTrehan www.advocatekhoj.com www.vakilno1.com

73. QUESTIONS???