INDUSTRIAL DISPUTE ACT, 1947 - Overview
Posted on 29-10-2015
INDUSTRIAL DISPUTE ACT, 1947 - Overview cs executive notes
free cs executive notes - labour law notes
industrial labour and general laws free notes
This Act applies to workers carrying out manual, unskilled, technical, operational or supervisory work and does not apply to workers earning more than Rs.1,600 per month carrying out managerial work. In addition, the worker must have had continuous service of at least one year.
It provides for the conciliation and adjudication of industrial disputes by Conciliation Officers, a Board of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals and a National Industrial Tribunal. Each has a different jurisdiction or purpose, except for Conciliation Officers, whose jurisdiction is more general. Industrial dispute means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person. Industrial disputes include cases of unfair dismissal.
Dismissal, etc., of an individual workman to be deemed to be an industrial dispute
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.