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Human Resource Management: Industrial Disputes Act 1947

The Industrial Disputes Act of 1947 governs industrial relations in India. It has 40 sections across 5 schedules. Key terms defined include appropriate government, industry, wages, workman, strike, and lock-out. Strikes and lock-outs in public utilities require 6 weeks notice and are prohibited during conciliation or for 7 days after. All strikes are illegal if they violate a contract, occur during proceedings, or against an existing settlement/award. Penalties for illegal strikes include fines up to Rs. 50,000 or imprisonment up to 6 months. The Act aims to prevent industrial disputes and provide mechanisms for resolution.

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121 views

Human Resource Management: Industrial Disputes Act 1947

The Industrial Disputes Act of 1947 governs industrial relations in India. It has 40 sections across 5 schedules. Key terms defined include appropriate government, industry, wages, workman, strike, and lock-out. Strikes and lock-outs in public utilities require 6 weeks notice and are prohibited during conciliation or for 7 days after. All strikes are illegal if they violate a contract, occur during proceedings, or against an existing settlement/award. Penalties for illegal strikes include fines up to Rs. 50,000 or imprisonment up to 6 months. The Act aims to prevent industrial disputes and provide mechanisms for resolution.

Uploaded by

Jeffry Mahi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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HUMAN RESOURCE

MANAGEMENT
INDUSTRIAL DISPUTES ACT 1947

PRESENTED BY
S.JOSEPH SOUNDER
II – MBA
1820106
2

  APPLICABILITY OFTHEACT
1. The act came in to force on the 1st day ofApril 1947

2. The act extends to the whole of India.

  SECTIONS & SCHEDULES

• 40 sections

• 5 schedules

HRM PRESENTATION
3 IMPORTANT DEFINITION

 • Appropriate Government [Sec.2(a)]

 • Industry [Sec.2(j)]

 • Wages [Sec.2(rr)]
 • Workman [Sec.2(s)

HRM PRESENTATION
4 STRIKE

 Sec. 2(q) defines a strike as follows


i. The cessation of work by a body of persons employed in any industry

acting in combination ; or

ii. A concerted refusal, or a refusal under acommon understanding, of any numberof

persons who are, or have been, soemployed to continue to work or accept

employment.

HRM PRESENTATION
5 LOCK-OUT

 A lock-out means [Sec.2(l)]


  the closing of a place of employment; or

  the suspension of work; or


  the refusal by an employer to continue to employ any number of persons employed by
him.
 It means the closure of the place of business and not closure of business itself.

HRM PRESENTATION
6 PROHIBITION OF STRIKES &
LOCKOUTS
 No person in a public utility service shall go on strike in breach of
contract or lock-out any of his workmen [Sec.22(1)(2)] :-
a) Without giving the notice and after 6 weeks of notice
b) Within 14days of giving such notice
c) Before the date specified in such notice
d) Conciliation going on before a Board of Conciliation & 7 days
thereafter.

HRM PRESENTATION
7

 3) The notice shall not be necessary where there is already in existence a strike or lock-out in

the public utility service.

 4) The notice shall be given in such manner as may be prescribed.

 5) The employer shall report to the appropriate govt. or any legal authority regarding the no.

 of notices that he received or gave within 5 days

HRM PRESENTATION
8

 No workman or employer shall go on strike or declare a lockout [Sec.23] :

 a) During adjudication before a Board and 7days thereafter.

 b) During adjudication before a labour Court, Tribunal & National


Tribunal and 2 months thereafter.

 c) During arbitration before an Arbitrator & 2 months thereafter.


 d) A settlement or an award is in operation

HRM PRESENTATION
9 ILLEGAL STRIKES/LOCKOUTS
In public Utility Services
[Sec.22(1)&(2),23,30,19]
 • Without giving 14 days notice
 • Commenced after 42 days of notice

 • Prior to the date indicated in the notice.

 • During the pendency of proceedings

 • During the period when a settlement or award is in operation on same matters.

HRM PRESENTATION
10 (Cont……)

 In non public utility services [Sec.23,20,19]

 • In breach of contract

 • During the pendency of proceedings

 • During the settlement or award is in operation

 IN BOTH THE STRIKE/LOCKOUT WILL

 BE ILLIGAL IF CONTINUEDAFTER

 GOVT. BANNING. [Sec.10(4A),24]

HRM PRESENTATION
11
PENALTY
• Penalty for illegal strikes (Sec 26):
Imprisonment for a term which may extend to 1 month, or
with fine which may extend to Rs. 50, or with both.
• Penalty for instigation of illegal strikes (sec. 27):
Imprisonment for a term up to 6 moths., or a fine up to Rs.
1000, or with both.
• Penalty for giving financial aid to illegal strikes (sec. 28):
Imprisonment for a term up to 6 moths., or a fine up to Rs.
1000, or with both.
• Penalty for illegal lock-outs
Imprisonment for a term extending to 1 month or with fine up
to Rs. 1000 or with both.
HRM PRESENTATION
12

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HRM PRESENTATION

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