Industrial Disputes act, 1947 (2 Volume sets)

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Description
The Industrial Disputes Act, 1947 is one the most important labour legislations in India. A strong and vibrant industrial sector is essential for any growing economy and it cannot be achieved without a willing workforce to work in the factories and manufacturing units producing items to fuel the demands of a growing economy. While labour disputes and unrests may be part and parcel of the industrial landscape, a good grasp of the regulatory and legal landscape facilitates quick and smooth resolutions to these issues ensuring that the operations of the industrial units do not suffer unnecessary and frequent disturbances.
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Table of Contents
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute.
CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee.
4. Conciliation officers.
5. Board of Conciliation.
6. Courts of Inquiry.
7. Labour Courts.
7A. Tribunals.
7B. National Tribunals.
7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals.
7D. Qualifications, terms and conditions of service of Presiding Officer.
8. Filling of vacancies.
9. Finality of orders constituting Boards, etc.
CHAPTER IIA
NOTICE OF CHANGE
9A. Notice of change.
9B. Power of Government to exempt.
CHAPTER IIB
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES
9C. Setting up of Grievance Settlement Authorities and reference of certain individual disputes to
such authorities.
CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
10. Reference of disputes to Boards, Courts or Tribunals.
10A. Voluntary reference of disputes to arbitration.
CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES
SECTIONS
11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.
11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of
discharge or dismissal of workmen.
12. Duties of conciliation officers.
13. Duties of Board.
14. Duties of Courts.
15. Duties of Labour Courts, Tribunals and National Tribunals.
16. Form of report or award.
17. Publication of reports and awards.
17A. Commencement of the award.
17B. Payment of full wages to workman pending proceedings in higher courts.
18. Persons on whom settlements and awards are binding.
19. Period of operation of settlements and awards.
20. Commencement and conclusion of proceedings.
21. Certain matters to be kept confidential.
CHAPTER V
STRIKES AND LOCK-OUTS
22. Prohibition of strikes and lock-outs.
23. General prohibition of strikes and lock-outs.
24. Illegal strikes and lock-outs.
25. Prohibition of financial aid to illegal strikes and lock-outs.
CHAPTER VA
LAY-OFF AND RETRENCHMENT
25A. Application of sections 25C to 25E.
25B. Definition of continuous service.
25C. Right of workmen laid-off for compensation.
25D. Duty of an employer to maintain muster rolls of workmen.
25E. Workmen not entitled to compensation in certain cases.
25F. Conditions precedent to retrenchment of workmen.
25FF. Compensation to workmen in case of transfer of undertakings.
25FFA. Sixty days’ notice to be given of intention to close down any undertaking.
25FFF. Compensation to workmen in case of closing down of undertakings.
25G. Procedure for retrenchment.
25H. Re-employment of retrenched workmen.
25-I. [Repealed.]
25J. Effect of laws inconsistent with this
CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN
ESTABLISHMENTS
SECTIONS
25K. Application of Chapter VB.
25L. Definitions.
25M. Prohibition of lay-off.
25N. Conditions precedent to retrenchment of workmen.
25-O. Procedure for closing down an undertaking.
25P. Special provision as to restarting of undertakings closed down before commencement of the
Industrial Disputes (Amendment) Act, 1976.
25Q. Penalty for lay-off and retrenchment without previous permission.
25R. Penalty for closure.
25S. Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter
applies.
CHAPTER VC
UNFAIR LABOUR PRACTICES
25T. Prohibition of unfair labour practice.
25U. Penalty for committing unfair labour practices.
CHAPTER VI
PENALTIES
26. Penalty for illegal strikes and lock-outs.
27. Penalty for instigation, etc.
28. Penalty for giving financial aid to illegal strikes and lock-outs.
29. Penalty for breach of settlement or award.
30. Penalty for disclosing confidential information.
30A. Penalty for closure without notice.
31. Penalty for other offences.
CHAPTER VII
MISCELLANEOUS
32. Offence by companies, etc.
33. Conditions of service, etc., to remain unchanged under certain circumstances during pendency of
proceedings.
33A. Special provision for adjudication as to whether conditions of service, etc., changed during
pendency of proceedings.
33B. Power to transfer certain proceedings.
33C. Recovery of money due from an employer.
34. Cognizance of offences.
35. Protection of persons.
36. Representation of parties.
36A. Power to remove difficulties.
36B. Power to exempt.
37. Protection of action taken under the Act.
38. Power to make rules.
SECTIONS
39. Delegation of powers.
40. Power to amend Schedules.
THE FIRST SCHEDULE.—INDUSTRIES WHICH MAY BE DECLARED TO BE PUBLIC UTILITY
SERVICES UNDER SUB-CLAUSE (vi) OF CLAUSE (n) OF SECTION 2.
THE SECOND SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS.
THE THIRD SCHEDULE.—MATTERS WITHIN THE JURISDICTION OF INDUSTRIAL TRIBUNALS.
THE FOURTH SCHEDULE.—CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE
GIVEN.
THE FIFTH SCHEDULE.—UNFAIR LABOUR PRACTICES
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Author Details
D.D Seth