Industrial Disputes Act, 1947 – Summary Table
Aspect | Details |
---|---|
Short Title | Industrial Disputes Act, 1947 (Act No. 14 of 1947) |
Enforced On | 1 April 1947 |
Objective | To secure industrial peace by investigation and settlement of industrial disputes between employers and workmen. |
Extent | Whole of India |
Administered By | Ministry of Labour & Employment, Government of India |
⚖️ Key Definitions (Section 2)
Term | Meaning |
---|---|
Industry [2(j)] | Systematic activity between employer & workmen for production/supply of goods or services. |
Workman [2(s)] | Person employed for manual, skilled, unskilled, technical, clerical work for hire (excludes managerial/supervisory). |
Industrial Dispute [2(k)] | Dispute between employers and workmen relating to employment, non-employment or conditions of labour. |
Public Utility Service [2(n)] | Essential services like transport, postal, electricity, water, etc., notified by Govt. |
๐งฉ Machinery for Settlement
Authority | Section | Function |
---|---|---|
Works Committee | Sec. 3 | Promotes good relations between employer & workmen. |
Conciliation Officer | Sec. 4 | Mediates and promotes settlement. |
Board of Conciliation | Sec. 5 | Considers and promotes fair settlement. |
Court of Inquiry | Sec. 6 | Inquires into matters connected with disputes. |
Labour Court | Sec. 7 | Adjudicates Second Schedule matters (e.g., discharge, wages). |
Industrial Tribunal | Sec. 7A | Adjudicates Third Schedule matters (retrenchment, conditions of service). |
National Tribunal | Sec. 7B | Adjudicates disputes of national importance. |
⚔️ Strikes and Lockouts (Sections 22–24)
Provision | Condition |
---|---|
Sec. 22 | 14 days’ notice mandatory for strike/lockout in public utility service (Form J/K). |
Sec. 23 | Prohibition during conciliation/adjudication proceedings. |
Sec. 24 | Defines illegal strike or lockout (without notice or during proceedings). |
๐️ Lay-off, Retrenchment & Closure (Ch. V-A & V-B)
Provision | Condition |
---|---|
Lay-off (Sec. 25C) | 50% of wages + DA to be paid. |
Retrenchment (Sec. 25F) | 1 month notice + 15 days’ pay for each completed year. |
Closure (Sec. 25FFF) | Compensation same as retrenchment. |
Large Establishments (Sec. 25K–25S) | Prior permission required for lay-off, retrenchment, or closure (100+ workmen). |
๐งพ Notice of Change (Section 9A)
21 days’ notice before altering service conditions mentioned in Fourth Schedule.
๐ท Protection of Workmen (Sec. 33)
Workmen cannot be punished, dismissed, or have service conditions altered during the pendency of any dispute.
⚠️ Penalties (Chapter VI)
Offence | Penalty |
---|---|
Illegal strike/lockout | Fine or imprisonment |
Breach of settlement/award | Fine up to ₹5,000 |
Victimisation of protected workman | Fine/imprisonment |
๐ Schedules
Schedule | Subject Matter |
---|---|
I | Matters for Labour Courts |
II | Matters for Industrial Tribunals |
III | Matters for National Tribunal |
IV | Conditions requiring notice under Sec. 9A |
V | Unfair Labour Practices |
๐ Significance
-
Ensures industrial harmony
-
Protects workers’ rights
-
Encourages conciliation & adjudication over confrontation
-
Balances management control and labour welfare
๐ Current Status
Will be replaced by Industrial Relations Code, 2020, consolidating:
-
Industrial Disputes Act, 1947
-
Trade Unions Act, 1926
-
Industrial Employment (Standing Orders) Act, 1946
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