Industrial Disputes Act 1947
Labour Laws · औद्योगिक विवाद अधिनियम 1947
📋Quick Overview
The Industrial Disputes Act, 1947 was enacted to investigate and settle industrial disputes, and to prevent unfair labour practices. It provides a detailed machinery for resolving conflicts between employers and workmen. Key terms like strike, lockout, layoff, retrenchment, and closure are defined and regulated under this Act. The Act was a landmark piece of post-independence legislation for industrial peace. It has now been subsumed into the Code on Industrial Relations 2020.
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Chapter VB: Establishments with 100+ workers must take government permission before retrenchment, layoff, or closure. The IR Code 2020 raised this threshold to 300 workers.
📖Dispute Settlement Machinery
| Body | Nature | Who Appoints | Function |
|---|---|---|---|
| Works Committee | Bipartite | Employer (mandatory for 100+ workers) | Resolve day-to-day workplace grievances |
| Conciliation Officer | Govt officer | Central/State Govt | Mediate between parties; submit failure report |
| Board of Conciliation | Tripartite | Govt | Conciliation for major disputes |
| Court of Inquiry | Fact-finding | Govt | Investigate matters of public interest |
| Labour Court | Quasi-judicial | Govt (Single member) | Adjudicate on rights disputes (discharge, dismissal) |
| Industrial Tribunal | Quasi-judicial | Govt | Adjudicate on interest disputes (wages, working hours) |
| National Industrial Tribunal | Quasi-judicial | Central Govt | National importance or multi-state disputes |
📝Key Definitions Under IDA 1947
- •Strike: Concerted refusal by workmen to continue work or accept employment; includes 'go-slow' and 'work-to-rule'
- •Lockout: Employer's refusal to employ workers; temporary closure by employer as a counter-measure
- •Layoff: Temporary inability of employer to give work due to shortage of coal, power, raw material, or breakdown of machinery
- •Retrenchment: Permanent termination of service by employer (not punishment); notice of 1 month + 15 days wages per year + seniority priority for re-employment
- •Closure: Permanent closing down of the undertaking or a part thereof
- •Protected Workmen: Up to 1% of workforce (max 100), trade union officials protected from dismissal during disputes
- •Unfair Labour Practices: Listed in 5th Schedule — covers both employer (e.g., victimisation) and union side (e.g., go-slow)