Industrial Disputes Act 1947 — Set 4

Correct Answer: B. Industrial Relations Code 2020

The Industrial Relations Code, 2020 consolidates and replaces three labour laws: the Trade Unions Act 1926, the Industrial Employment (Standing Orders) Act 1946, and the Industrial Disputes Act 1947. It was passed by Parliament in September 2020. The Code simplifies dispute resolution and introduces new provisions like fixed-term employment. However, it is yet to be fully notified.

Correct Answer: C. 6 months

Under the Industrial Disputes Act, the Labour Court or Tribunal is expected to give its award within six months of the date of reference where the dispute is not settled by conciliation. The appropriate government can extend this period. Delay in awards defeats the purpose of the Act. Section 15 deals with the submission of awards.

Correct Answer: B. 6 months imprisonment or Rs.1000 fine or both

Under Section 26 of the Industrial Disputes Act, any employer who commences, continues, or otherwise acts in furtherance of an illegal lockout is punishable with imprisonment up to one month or a fine up to Rs.1000 or both. This penalty is designed to deter illegal lockouts. The Act defines an illegal lockout as one that does not comply with the prescribed notice and other requirements.

Correct Answer: B. Second and Third Schedules

Under the Industrial Disputes Act, the Second Schedule deals with matters within the jurisdiction of Labour Courts, while the Third Schedule deals with matters within the jurisdiction of Industrial Tribunals. These schedules include items like wages, bonuses, provident fund, and working hours. The Fifth Schedule lists unfair labour practices. Knowing the schedules is important for competitive exams.

Correct Answer: C. Conciliation Officer

The Conciliation Officer is the first authority to investigate and promote the settlement of industrial disputes under the Industrial Disputes Act. They mediate between employers and workmen to arrive at a voluntary settlement. If conciliation fails, the dispute may be referred to a Labour Court or Tribunal. The Conciliation Officer must submit a failure report within 14 days if conciliation fails.

Correct Answer: B. Pendency of conciliation and adjudication proceedings

Under Sections 22 and 23 of the Industrial Disputes Act, strikes and lockouts are prohibited during the pendency of conciliation proceedings before a Conciliation Officer or a Board, or before a Labour Court, Tribunal, or National Tribunal, and for two months after the conclusion of such proceedings. This ensures that disputes are resolved through peaceful means. This prohibition is fundamental to industrial peace.

Correct Answer: B. Unfair labour practice involving surrounding employer

A gherao, where workers surround and prevent the employer or management from leaving, is considered an unfair labour practice and potentially criminal under Indian law. The Industrial Disputes Act's Fifth Schedule lists such coercive actions as unfair labour practices prohibited for workmen. Courts have held gherao to be illegal as it involves wrongful restraint. It is used as a pressure tactic.

Correct Answer: B. Service including authorized leave and holidays

Under Section 25B of the Industrial Disputes Act, a workman shall be deemed to be in continuous service for a period of one year if he has actually worked for at least 240 days in the case of employment below ground in a mine, or 190 days in other cases. This includes days on which the workman has worked as well as days of authorized leave and holidays. Understanding this is crucial for retrenchment compensation calculations.

Correct Answer: C. Five

The Industrial Disputes Act, 1947 contains five schedules. The First Schedule lists public utility services. The Second Schedule lists matters for Labour Courts. The Third Schedule lists matters for Industrial Tribunals. The Fourth Schedule was omitted. The Fifth Schedule lists unfair labour practices for both employers and workmen. Knowledge of these schedules is frequently tested.

Correct Answer: B. Yes, under Section 2A

Section 2A of the Industrial Disputes Act allows a workman who has been dismissed, discharged, retrenched, or otherwise terminated to raise a dispute as an individual, even if no other workman or union is a party. This provision was added in 1965 to give individual workers direct access to Labour Courts without needing union support. It is a very important provision protecting individual workers.