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Practical Guide to Industrial Disputes Act and Rules

Practical Guide to Industrial Disputes Act and Rules

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Description
At the workplace, some inter se differences and disputes between the Employer and Employee are inevitable. This statement becomes all the more obvious and glaring when one considers and visualizes the conflict of interest operating between the two classes viz the employer and the employee, within the framework of an industry. However, in order to regulate this relationship the state is required to intervene and such requirement resulted in the passing of the industrial disputes Act by the Indian Parliament. The Act in essence is a procedural legislation. The Providing for the investigation and settlement of industrial disputes. Whenever there is an industrial dispute or even a strong apprehension of its existence, the appropriate Government under the Act is empowered to refer the same to one or the other authority specified in the Act in order to prevent the occurrence or continuance, as the case may be, of the dispute.  The Labour Courts and Tribunals are conferred with wide powers to adjudicate the dispute referred to them and, Wherever necessary, grant appropriate reliefs which the normal Courts of the land cannot, such as modification of a contract of employment to make it more fair and reasonable and to reinstate workmen with ancillary reliefs where, in their opinion, the workmen have been unfairly treated by their employers. The power have been conferred on Courts and Tribunals to secure, by their Awards, industrial peace and also to prevent disruption to production and services which are essential from the perspective of our national economy. The Industrial Disputes Act aims at improving the service condition of Industrial Labourers so as to provide for them the basic amenities of life and by the due process, bring about industrial peace which would, in turn, accelerate productive activities in the country resulting in its prosperity too. 
Containing
•    Section-wise Commentary based on more than 1600 Cases
•    Rules made under the Act
•    State Amendments
•    Suggested Proformas
•    Exhaustive Subject Index and Table of Cases
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Contents
Chapter I        -    Preliminary
Chapter II       -    Authorities under this Act
Chapter IIA     -    Notice of Change
Chapter IIB     -    Grievance Redressal Machinery
Chapter III       -   Reference of Disputes to Boards, Courts or Tribunals
Chapter IV       -   Procedure, Powers and Duties of Authorities
Chapter V        -   Strikes and Lock-outs
Chapter VA      -  Lay-off and Retrenchment
Chapter VB      -  Special Provisions Relating to Lay-off, Retrenchment and
                               Closure in Certain Establishments
Chapter VC      -  Unfair Labour Practices
Chapter VI       -  Penalties
Chapter VII      -  Miscellaneous
The First Schedule
The Second Schedule
The Third Schedule
The Fourth Schedule
The Fifth Schedule
The Industrial Tribunal (Procedure) Rules, 1949
The Industrial Tribunal (Central Procedure) Rules, 1954
Industrial Disputes (Central) Rules, 1957
Preliminary

Part I    -   Procedure for Reference of Industrial Disputes to Boards of Conciliation,
                  Court of Enquiry, Labour Courts, Industrial Tribunals or National Tribunals
Part II    -  Arbitration Agreement
Part III   -  Power, Procedure and Duties of Conciliation Officers, Boards, Courts,
                  Labour Courts, Tribunals, National Tribunals and Arbitrators
Part IV   -  Remuneration of Chairman and Members of Courts Presiding Officers of
                  Labour Courts, Tribunals and National Tribunals, Assessors and Witnesses
Part V    -  Notice of Change
Part VI   -  Representation of Parties
Part VII  -  Works Committee
Part VIII -  Miscellaneous
Suggested Pro-Formas
Subject Index

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Author Details
H.L. Kumar
, Advocate Supreme Court of India, Editor, Labour Law Reporter
Gaurav Kumar, MBA, LL.M., Advocate
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