Short note on Industrial Dispute Act 1947- In this article, we are providing you information on what is Industrial Disputes Act,1947 and the concept of conciliation under the industrial dispute act of 1947.
Short note on industrial dispute act 1947
Introduction
Industrial Disputes Act, 1947 provides for conciliation to the settlement of industrial disputes. Industrial dispute means the dispute between the employer and employer or workmen and workmen or employer and workmen or any other dispute which are related to employment or non-employment. Lockout, strikes, boycott, etc types of industrial disputes.
Object of Industrial Disputes Act
Investigation and settlement of industrial disputes are the main objects of the Industrial Disputes Act. The act also secures industrial peace and harmony. Settlement of industrial dispute by conciliation, adjudication, and arbitration.
Authorities under the act
Industrial Disputes Act, 1947 chapter II provides different styles i.e
a) concilation,
b) adjudication,
c) arbitration for settlement of disputes.
A)Works committee-
Under section -3 of an Industrial Disputes Act, it provides works committee is an authority. Works committee promotes to measure for securing and preserving amity and good relation between the workmen and employers and committee try to arrange material difference of opinion in respect of matters of common interest or concern between workmen and employers.
B)Conciliation officer-
Under section – 4 of an Industrial Disputes Act, the appropriate Government by notification in the official gazette, employ a conciliation officer. Conciliation officers are under an obligation of mediating in and advancing the decision of industrial disputes.
C)Boards of conciliation-
The appropriate government by notification in the official gazette constitutes a Board of Conciliation under section-5 of an Industrial Disputes Act. Formation of Boards of conciliation is dealt with under IDA under section -5 to bring the two disputants to resolve and gather their differences.
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Short Note on Industrial Dispute Act 1947
The Industrial Disputes Act, 1947 is a significant legislation in India that governs matters related to industrial disputes, resolution of conflicts between employers and workers, and the regulation of labor relations. It came into force April 1, 1947 this act plays a crucial role in maintaining industrial harmony and protecting the rights of both employees and employers. Here are some key features of the Industrial Disputes Act, 1947:
Definition of Industrial Disputes: The act defines an industrial dispute as any conflict or difference between employers and employers, employers and workers, or workers and workers that is connected to employment, non-employment, terms of employment, or conditions of work.
Authorities: The act provides for the establishment of authorities like Conciliation Officers, Boards of Conciliation, Courts of Inquiry, and Labor Courts or Industrial Tribunals to help resolve disputes through negotiations, mediation, and legal proceedings.
Modes of Settlement: The act promotes the settlement of disputes through peaceful means, including negotiation, conciliation, and arbitration. It encourages parties to resolve disputes amicably before resorting to legal actions.
Layoff, Retrenchment, and Closure: The act lays down rules and procedures for layoffs, retrenchment, and closure of establishments, ensuring that workers are not unjustly affected by such actions. Employers are required to provide proper notice and compensation in case of layoffs or retrenchment.
Prohibition of Strikes and Lockouts During Disputes: The act imposes restrictions on workers’ strikes and employers’ lockouts during the pendency of conciliation proceedings, making it mandatory for both parties to refrain from such actions.
Compulsory Reference of Disputes: The government can refer certain disputes to arbitration, industrial tribunals, or labor courts if they are not resolved through negotiations or conciliation.
Award and Settlement: The act empowers authorities like industrial tribunals to make binding awards and settlements in industrial disputes, ensuring a fair and just resolution of conflicts.
Applicability: The act applies to all industries and establishments, including the public sector and government-owned enterprises, with the aim of promoting peaceful labor relations and maintaining industrial harmony.
Amendments: The Industrial Disputes Act has undergone several amendments over the years to adapt to changing economic and industrial circumstances and to address emerging labor issues.
The Industrial Disputes Act, 1947, serves as a crucial framework for regulating labor relations, ensuring fair treatment of workers, and providing mechanisms for resolving disputes in the Indian industrial landscape. It reflects the country’s commitment to maintaining a balance between the interests of employers and workers while fostering a harmonious work environment