Labour law by bandana
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Transcript of Labour law by bandana
THE INDUSTRIAL DISPUTE ACT, 1947
BANDANA TYC LAW 4th SEM.
DISPUTE(s)
Between employer and employee
Between employer and employer
Between employee and
employee.
1 3
2
Maximum disputes arises b/w
employer and employee.
Main reason
BANDANA TYC LAW 4th SEM.
Reasons OF DISPUTE
Compensation
Lay off Retrenchment
Wages Amount Payment time
Work Hours Conditions
Accident BANDANA TYC LAW 4th SEM.
RESULTS
(1)BAD
(2)HAMPER
(3)STIFF
RELATIONSBETWEEN
EMPLOYER AND EMPLOYEE
BANDANA TYC LAW 4th SEM.
CONSEQUENCES:-• LAY OFF• RETRENCHMENT• LOCK OUT• CLOSURE OF BUSINESS
EMPLOYER
• AGITATION• STRIKES• DAMAGE TO PROPERTY
OF EMPLOYEREMPLOYEE
BANDANA TYC LAW 4th SEM.
WHO ARE GOING TO BE EFFECTED EMPLOY
ER
NATION
STATEINDUSTRY
EMPLOYEE
BANDANA TYC LAW 4th SEM.
SYLLABUS
INDUSTERIAL
DISPUTE ACT 1947
Definitions
Authorities
Lay-off,Retrenchme
nt
Strikes,Lock-out > Works
committees> Conciliation
Officer> Board of Conciliation> Courts of
Enquiry> Labour Courts
> National Tribunal
BANDANA TYC LAW 4th SEM.
MAIN FEATURES OF
I.D. ACT
Application of the
actExtent of the
ACTConstitution of comprehensive
machineryPrevention & settlement of
industrial dispute
Reference by appropriate
GOVT.
Speedy disposal of industrial
disputes
Enforcement of awards
Prohibition of strikes & lock-outs
Public utility
Regulations of lay-off ,
retrenchment , transfer &
closure
Compensation
Compulsory settlement by adjudication
BANDANA TYC LAW 4th SEM.
REASONS &
OBJECTS OF THE
ACT
Provide suitable machine
ry
Promote collectiv
e bargaini
ng
Prevent
illegal strikes
Peaceful
settlement
Provide relief to workman
against Lay-off
Avoid unfair
practice
Makes good relations b/w employer &
employee
Ameliorate the
conditions of workers
BANDANA TYC LAW 4th SEM.
Section 2(a)APPROPRIATE GOVERNMENT
TheCentral govt.
TheState Govt.
THE APPROPRIA
TE GOVERNME
NT
Both bodies
are Able to
deal with such
disputes
Matters
Related with this act
VestedVariou
s powers
& duties
BANDANA TYC LAW 4th SEM.
Arbitrator includes
An UMPIRE .
ADJUDICATEREFERENCE
MEANS:-
ARBITRATORSECTION 2(aa)
BANDANA TYC LAW 4th SEM.
…… AVERAGE PAY MEANS THE AVERAGE OF THE WAGES PAYABLE TO A WORKMAN….
AVERAGE PAYSECTION 2(aaa)MONTHLY
Payable in three
complete calendar months
WEEKLY
Payable in four
complete weeks
DAILY
Payable in complete twelve full
working daysBANDANA TYC LAW 4th SEM.
AWARD
ENFORCEMENT
.Final as well as interim determination . The tribunal can grant such interim awards which they are competent to grant at the time of final award
.Aggrieved party apply to appropriate government..Any money payable by employer to his workman.Whose favour the award has been granted may file suit and obtain a decree.
It includes an Arbitration award under section 10-A
AWARDSec.2(b)
It’s first part covers a determination, final or
interim, of any industrial dispute
It’s second part takes a determination of any
question relating to any industrial dispute.
Award means an interim or final determination of any industrial dispute or
of any question thereto..”DETERMINATION”----1.Labour court
----2Traibunal or 3.National tribunal
BANDANA TYC LAW 4th SEM.
INDUSTRY
INDUSTERY
SEC. 2(j)
Industry means any business , trade,
undertaking , manufacture or manufacture or
calling of employers .
It includes any calling, service,
employment, handicraft, or
industrial occupation or avocation of
workman.
Amended definition:-Industry means any systematic activity carried on by co-operation between an
employer and his workmen (whether such workmen are employed by such employer directly or through any agency, including a
contract)for the production ,supply or distribution of goods or services with a view to satisfy human wants or (wishes not being wants or wishes which are mere spiritual or
religious in nature)
BANDANA TYC LAW 4th SEM.
Bangalore Water Supply v. A. Rajapa(AIR 1978 SC 548)
TRRIPLE TEST
1. SYSTEMATI
CACTIVITY
2. Organised
by co-operation between employer
and employee
3. For the production
and/or distribution of goods
and services
BANDANA TYC LAW 4th SEM.
INDUSTERIAL DISPUTE
SECTION 2(k)Betwee
n employe
r&
employeeBetween employee
& employee
Between Employer
& employer
Conditions of labour of any
person
Terms of employm
ent
RELATION
Parties CONNECTED
To any workman
or workman
or any other
personBANDANA TYC LAW 4th SEM.
LAY-OFFSECTION 2(kkk)
1. An employer >who is willing to employ
>fails or refuses or is unable
>to provide employment>For reasons beyond his control
Failure OrRefusal
>shortage of coal,>shortage of raw material>The accumulation of stock>The breakdown of machinery
>Natural calamity>Any other connected reasons.
2. So deprived of employment3.Whose name is borne on the muster rolls
1. Aworkman
Workman must not have been Retrenched
TemporarilyRelationship
doesn’t comes To an
end
Period during
emergency
Relations suspended
but not ends
For any otherReason(EJUSDUM JENERIS)
MAINPOINT
S
BANDANA TYC LAW 4 th SEM.
CLASSIFICATION OF LAY-OFFHALF-
DAYDeemed to be lay-off only for half day if:-1) The workman at the
commencement of any shift for any day
2) The workman is given employment by the employee during the second half of the day;
’’in such case the workman is entitled to full basic wages and dearness allowance for that second half of the day------’’’’’’
FULL DAY
Deemed to be lay-off for the full day :-1) Name of the
workman is deemed to borne on the muster rolls;
2) He represents himself for work;
3) He is not given employment by the employer 2 hours;
MORE THAN A DAY>>>>> When the workman were not provide work for some period beyond one day.>>>>> It may not a long period but a short period.>>>>> When the emergency conditions are over and the firm starts working.>>>>> This lay-off does not amount to retrenchment.BANDANA
TYC LAW 4th SEM.
LOCK-OUT
SEC.2(i)
Closing of place of
employment
Suspension of work
Refusal by employer
to continue
work
INGREDIENTS
Temporarily closing of a
place of EmploymentSuspension
of workBy the
employer Refusal by
employer to continue work by any no. of
persons
Acts of employer should be
motivated by COERCION.
An industry as defined
in the Act
A dispute in such industry
BANDANA TYC LAW 4th SEM.
RETRENCHMENTSection 2(oo)
RULE:- FIRST COME LAST GO
LAST COME FIRST GOBusiness is
being continued Portion of
labour’s staff discharged
TerminationReasons
whatsoever
Not amount to
punishment
>Voluntary retirement>Termination on non- renewal
>Retirement on reaching superannuation age>Termination of the service of a workman
>Continue ill-health>voluntary resignation
Exclusion from the
retrenchment
Amounts to
BANDANA TYC LAW 4th SEM.
ESSENTIALS OF RETRENCHMENT
1,2
2,21
5,6
8 7
3
There must be termination of services by the
employer
Termination of service must be on ground
of surplus labour
Termination be for any reason whatsoever except unfair labour practice
etc.
Termination of service must be of surplus labour or staff in a
continuing industry.
Termination must not fall
within the exclusion clause
of definition.
Employer is not accept to carry on
the burden of surplus labour.
The service which is terminated must have been capable of being
continued,
Proper reasons such as economy , nationalism,
industrial or trade reasons
4
BANDANA TYC LAW 4 th
SEM.
STRIKESEC.2(q
)Means
:-Cessatio
n of work
Concerted
Refusal
Refusal under
common understandi
ng
By a body of persons
who are employed
in an industry
:-Any Number of persons
:-Or have been employedIn industry to continue to work or to accept employment
REFU
SAL
BY N
O. O
F PE
RSO
NS
IND
USTERIAL
DEM
AND
SStoppage of
work
INGREDIENTS OF STRIKE…….>
> > > > > > >
:-Strike is stoppage of work:-The stopping of work should be by body of persons.
:- Such body of persons should be employed in any industry which defined by section 2(j) of the Act.:- Such body of persons must be acting in combination.:- There must be concerted refusal, or planned refusal under a common understanding by body of such persons. :-The purpose and aim of the refusal is not to continue the work or to accept employment , until the demand(s) of the employees are fulfilled.:- MENS REA being present as the workmen had a dispute with the employer.
BANDANA TYC LAW 4th SEM.
STRIKE……. SECTION 2(q)
GENERAL TYPES1. GENERAL STRIKE2. TOKEN STRIKE3. STAY-IN/SIT-
DOWN/TOOLS-DOWN/PEN-DOWN STRIKE
4. SO-SLOW STRIKE5. WORK-TO RULE
STRIKE6. QUICK OR
LIHGTNING STRIKE7. SYMPATHETIC
STRIKE8. HUNGER STRIKE9. GHERAO
TYPES (LEGALITY)
1.LAGAL STRIKE
2.ILLEGAL STRIKE
3.UNJUSTIFIED STRIKE
PROHIBITION1.PROHIBITION
OF STIKES IN A PUBLIC UTILITY( Section 22)
2.GENERAL PROHIBITION OF STRIKE (Section 23) BANDANA
TYC LAW 4th SEM.
KINDS OF STRIKE ACCORDING TO LEGALITY OF THE STRIKE……LEGAL STRIKEa). A notice of strike to the employer is served within six weeks before striking;b). The date of strike is not be within 14 days from the date of notice;C). The date of strike is on or after the date specified in the strike but not before that.d). The strike is not during the pendency of conciliation proceedings and seven days after the conclusion of said proceedings.
ILLEGAL STRIKE1. Contravention of
sec 22 or sec. 232. If it is contravention
of an order under sec. 10(3) or (4-A)of sec. 10.
3. Strike is illegal if it is declared without the prior notice in public utility u/s 22(1).
4. If it is declared during pendency—u/s 23
UNJUSTIFIED STRIKE
1. Strike has been started in violation of standing orders of that industry.
2. Illegal strike3. Illegal strike on the
demands of wages even though it is accepted by the employer .
4. Where the workmen started sit-down or GHERAO whether there is violence or not.
5. Strike for the purpose of circumventing an amicable settlement .
>Conciliation proceedings before a board & 7 days after
conclusion>Proceedings before L. C. , Tri.
,N.T.& 2months after decision.
> Arbitration proceedings (2 months)
SEC.23 Prohibition on strike in p. u.SEC.22 General prohibition on strike.SEC.10(3) Dispute referred to LC, Tri., NT(Prohibit strike and lock out.SEC.10-A(4-A) Dispute referred to ARBITRATION.SEC 22(1). Person employed in public utility and go on strike.
BANDANA TYC LAW 4th SEM.
LAY-OFFSECTION2(kkk)
STRIKESECTION2(q)
RETRENCHMENTSECTION 2(oo)
LOCK-OUTSECTION 2(l)
Employer is willing. Applicable to a group of workers, or to entire
workers, or to the workers of one shift. Failure or refusal or inability of an employer. Trade reasons beyond the control of workman. Lay-off is not concerned with a dispute with the
workman. Occurs in continuous business. Reasons specified in sec 2(kkk). Compensation Unintentionally act
Termination of service .> Permanent in nature> Relationship is severed.> Intention is to reduce surplus labour.> Without any dispute.> Retrenched workman can be re-employed.> Business is still continuous.
Cessation of work.>Concerted refusal or refusal under common understanding > By no. Of employees> Who are or have been employed in industry to continue or to accept work.>Armoury of workmen for compelling to employer. >No strike during the pendency of any dispute’s proceeding. Notice should be served. > Mostly related with wages..
a) Employer isn’t willing to employ b)Temporary closing of a place of employment. c) Suspension of work.d) Refusal by employer to continue to employ any no. persons employed by him.e) Act is to coerce or pressurise the labour.f)It is due to an industrial dispute &during the period of continuous.g)Establishment is completely closed.h) Compensation depends upon legal or illegal lock- out, justified or unjustified lock-out etc.
BANDANA TYC LAW 4t
h SEM.
SYSTEM AUTHORITY PURPOSE CONSTITUTION
POWERS DUTIESNon-adjudicatory
Adjudicatory
ArbitrationCourts
WorksCommitteeConciliationOfficerBoard of conciliation
Prevention Section 3 Section 3(1) Section3(2)
Section 4 Section 11 Section 12
Section 5 Section 11 Section 13
Section 6 Section11 Section 14
Section 7 Section 11&11 A Section 15
Section 7(a) Section 11 & 11-A Section 15
Section 7(b) Section 11& 11-A Section 15
Section 10-A Section 10A(2) Section10A(4)
Conciliation &Mediation
Board of conciliation
Investigation
AdjudicationIndustrial Tribunal
Court of enquiry
Labour court
National tribunalVoluntary Arbitration
H.C.& S.C.
I.T.
N.T.
Arbitration
Final decision Articles 136,226&227Of the constitution.
WORKS COMMITTEECONSTITUTION Statutory body 100 or more
workmen are employed
Appropriate government may by general or specific order to constitutes
Shall be constituted with the representative or employer or workmen
Representative are elected by in prescribed manner
Elected in such a manner that all categories , groups and classes of workmen engaged in various sections , shops or departments
OBJECTS Primary step to
investigate and settlement of industrial dispute
Through direct negotiation between representatives of employers and workmen
Secure industrial peace
Securing and preserving amity and good relations b/w employer and workmen
Make friendly atmosphere b/w mgt. and workers
DISSOLUTIONConcerned officer or authority under rule 57 of the ID Act 1947…---1. Not constituted in
accordance with rules 38 to 57;
2. If nit less then 2/3 of the representative of the workmen in the committee failed to attend 3 consecutive meetings
3. Ceased to function for any other reason
BANDANA TYC LAW 4th SEM.
MEANING OF CONCILIATION
> It implies a compromise---
a basically voluntary process
> Not an adjudicative mechanism.>Alternative method of
resolving the disputes.
Conductive step to avoid
avert recourse to
adjudication
“CONCILIATION” Means ‘bringing of opposing parties or individual into harmony..’
BANDANA TYC LAW 4th SEM.
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