Digest Industrial Dusputes act

Law Library

THE INDUSTRIAL DISPUTES ACT, 1947
____________
ARRANGEMENT OF SECTIONS
____________
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.
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 GRIEVANCE REDRESSAL MACHINERY
9C. Setting up of Grievance Redressal Machinery.

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

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.

CHAPTER VB SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

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.
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
THE FIFTH SCHEDULE.—UNFAIR LABOUR PRACTICES.

Devider

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.

© Advocatetanmoy Law Library

Like this:

Related