THE INDUSTRIAL DISPUTES

DEFINITION:

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. When issues of conflict are submitted to the management for negotiation, they take the form of industrial disputes.

The main objective of the Act is to prevent & resolve industrial disputes & Securing amity & good relations between workers & management for common good.

MAJOR TERMS:

Industry:

Means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen industrial.

Conflict:

Conflict is inherent in industrial relations today. Interest of labor and management usually opposes. The prevailing unrest , work stoppages resulting from strikes or lock-outs , slowing down of production etc.

Workman:

Any person (including an apprentice) employed in an industry to do any manual, unskilled, skilled, clerical or supervisory work. Whether the terms of employment be express or implied and under the this Act includes any such person who has been dismissed, discharged or retrenched in connection with an industrial dispute or whose dismissal or retrenchment has led to the dispute.

THE INDUSTRIAL DISPUTES ACT, 1947

Exclusions of Workman:

The following are excluded as a workman- person who is employed mainly for managerial-administrative capacity or employed in a supervisory capacity or exercises functions mainly of a managerial nature. An employee is classified as a ‘workman’ based on the nature of the duties performed and not the designation.

Industrial Dispute:

Means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person.

Works Committee:

In the case of any establishment, employed one hundred or more workmen or have been employed in the preceding twelve months, the appropriate Govt may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting employers and workmen representatives, however that the number of workmen representatives shall not be less than the number of the employer representatives.

Conciliation Officers:

The appropriate Govt. may appoint such number of persons as it thinks fit. A Conciliation Officer may be appointed for a specified area, industries in a specified area or for one or more specified industries and either permanently or for a limited period.