Industrial Disputes Act, 1947

• The Industrial Disputes Act was established in 1947 to investigate and settle industrial disputes.

Chapter Breakdown

Chapter I: Preliminary

• Addresses title, extent, and commencement
• Includes definitions to be used in the Act
• Addresses dismissal of individual workman deemed an industrial dispute.

Chapter II: Authorities Under This Act

• Establishes guidelines for works committees, conciliation officers, and boards of conciliation
• The establishment of various judicial entities, including Courts of Inquiry, Labor Courts, Industrial Tribunals, and National Tribunals, plays a crucial role in addressing disputes and conflicts within specific sectors. These courts are designed to facilitate fair adjudication processes, protect workers' rights, and resolve industrial relations issues efficiently and effectively, ensuring justice in labor-related matters.
• The role of a Presiding Officer is defined by specific qualifications that may include educational background, experience in public service, and leadership capabilities. The terms of office specify the duration and conditions might encompass duties, responsibilities, and powers afforded to them to ensure efficient administration of proceedings.
• Defines the process for filling of vacancies
• Addresses the finality of orders constituting Boards, etc.

Chapter IIA: Notice of Change

• Addresses the required notice of change and the power of government to exempt

Chapter IIB: Grievance Settlement Authorities

• Explains Reference Of Certain Individual Disputes To Grievance Settlement Authorities
• Details how to set up Grievance Settlement Authorities

Chapter III: Reference of Disputes

• Determines how to reference disputes to Boards, Courts, or Tribunals, including voluntary reference to arbitration.

Chapter IV: Procedure, Powers and Duties of Authorities

• Outlines powers and duties of conciliation officers, Boards, Courts and Tribunals, addressing procedure
• Explains powers of Labour Courts, Tribunals, and National Tribunals to provide relief in discharge or dismissal cases
• Lists the expected duties of conciliation officers, the Board, and the Courts
• Outlines the form and publication process for report or awards including when the award commences.
• Specifies who is bound by settlements and awards
• Covers the period of operation of settlements and awards, and the commencement and conclusion of proceedings
• Addresses confidential matters

Chapter V: Strikes and Lock-Outs

• Prohibits strikes and lock-outs
• Defines illegal strikes and lock-outs and prohibits financial aid to illegal activities.

Chapter VA: Lay-Off and Retrenchment

• Addresses application of sections 25C to 25E, as well as the definition of continuous service
• Establishes compensation rights for laid off workment, in addition to the duties of companies regarding maintaining muster rolls
• Lists specific cases where workmen are not entitled to compensation
• States conditions precedent to retrenchment and procedure for retrenchment as well as re-employment of retrenched workmen

Chapter VB: Special Provisions

• Details provisions relating to Lay-Off, Retrenchment and Closure in Certain Establishments, including application and definitions
• Prohibits lay-offs and outlines conditions that override potential actions.
• Includes procedure for closing down an undertaking
• Makes special provision as to restarting undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976
• Covers penalties for lay-off, retrenchment and for closure
• Applies Chapter VA provisions to an industrial establishment to which this Chapter applies

Chapter VC: Unfair Labour Practices

• Prohibits unfair labor practices and establishes penalties for committing such actions

Chapter VI: Penalties

• Establishes penalties for illegal strikes and lock-outs in addition to penalties for instigation, giving financial aid to illegal activities, breach of settlement or award
• Specifies penalties for disclosing confidential information or closure without notice

Chapter VII: Miscellaneous

• Establishes what constitutes an offense by companies and details conditions of service
• Includes a power to transfer certain proceedings
• Addressed the recovery of money due from an employer
• Defines protection of persons, representation of parties, and the power to remove difficulties or exempt

Schedules

• Power is delegated by the government to amend
• Schedule One lists industries that may be declared public utility services under sub-clause (vi) of clause (n) of section 2
• Schedule Two lists matters within the jurisdiction of labor courts
• Schedule Three lists matters within the jurisdiction of industrial tribunals
• Schedule Four lists conditions of service for change of which notice is to be given
• Schedule Five establishes parameters for unfair labor practices