Industrial Disputes Act 1947
Labour Laws · औद्योगिक विवाद अधिनियम 1947 · 19 facts
Industrial Disputes Act 1947 (IDA): Enacted before Independence; governs resolution of industrial disputes; applies to all industries.
Industrial Dispute (Section 2k): Any dispute between employers and employers, employers and workmen, or workmen and workmen related to employment, terms or conditions.
Works Committee (Section 3): Mandatory in establishments with 100+ workers; joint committee of equal management and worker representatives; promotes good relations.
Conciliation Officer: Government-appointed officer who mediates disputes; investigates, encourages settlement; report submitted to government.
Board of Conciliation: Ad hoc body for specific dispute; tripartite; chaired by independent person; 7-day notice for public utility service strikes.
Court of Inquiry: Fact-finding body; no authority to give binding decision; investigates causes and circumstances of dispute.
Labour Court: Adjudicates disputes related to rights under standing orders, illegal changes in service conditions, discharge/dismissal of individual workman.
Industrial Tribunal: Adjudicates disputes related to wages, bonus, allowances, working hours, profit sharing — Second Schedule (IDA) items; district level.
National Tribunal: Central Government constitutes for disputes of national importance or involving establishments in more than one state.
Strike (Section 2q): Cessation of work by a body of persons employed in any industry acting in combination; includes go-slow, pen-down strike.
Lockout (Section 2l): Temporary closure of workplace by employer to coerce workers; employer's weapon as strike is workers' weapon.
Layoff (Section 25C): Temporary inability of employer to give employment due to shortage of coal, power, raw material, etc.; workers entitled to compensation.
Retrenchment: Termination of service for any reason other than as punishment (disciplinary); 15 days' notice + compensation at 15 days' wages per year of service.
Closure (Chapter V-B): Establishments with 100+ workers must give 60 days' notice and get permission from appropriate government before closure.
Strike notice: 14 days' notice required in public utility services (electricity, water, transport, hospitals) before strike; no notice required in non-public utility.
Protected Workman: Trade union office bearers protected from discharge/dismissal during pendency of proceedings; not more than 1% of workmen.
Lay-off compensation: 50% of basic wages + dearness allowance for layoff period; no compensation if layoff due to natural calamity.
IDA and IR Code 2020: Industrial Disputes Act 1947 will be replaced by Industrial Relations Code 2020 when the Code is notified and enforced by states.
Award: Decision of Labour Court/Industrial Tribunal/National Tribunal; binding on parties; published in Official Gazette; operates for minimum 3 years.