Vskills
Every human being has some basic requirements to live their life these requirements can be social or economical. One has to fulfill them by performing certain work, therefore a need for industrial development takes an important place to satisfy their requirements. Industrial development fixed its foot in India from 18th century where the cottage and handloom industries famous all over the world for their products. This development also increases conflict between the people’s will in workplace , which evolved the need of the Industrial Disputes Act, 1947 in our country.
The Industrial Disputes Act, 1947 talks about the disputes between employer and employee, between employer and employer and between employee and employee. The prime objective of this act is to maintain peace and harmony in the industry. Therefore industrial dispute act applied over labour laws and came into force on the 1st April 1947.
Definition:-
This act defines 'industry' under sec 2(j) as “any business, trade, undertaking, manufacture, or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen”.[1] This definition elaborate by Supreme court which overruled many previously given decisions in the case “Bangalore water supply and sewerage Board vs. R.Rajappa .where SC gives a new definition to word 'industry’ by laid down 3 tests which defines any activity as an industry are:-
• If it is systematic activity,
• If it is organised by co-operation between employer and employees and;
• If the underlying principle for production or distribution of goods and services Calculated to satisfy human wants and wishes.
Therefore, the capital investment and profit motive are not important anymore after the SC decision.
Further section 2(k) of this Act defines 'industrial dispute' as ,any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person [2]
Types of Industrial Disputes:-
Industrial disputes can be of many types some of its types are:-
Strikes: It means an willfully withdrawal of labours from work for the temporary period till their demand doesn’t get fulfilled.
In mineral Miner Union vs. Kudremukh5 Iron Ore Co. Ltd., it was held that the provisions of section 22 are mandatory and the date on which the workmen proposed to go on strike should be specified in the notice. If meanwhile the date of strike specified in the notice of strike expires, workmen have to give fresh notice. It may be noted that if a lock out is already in existence and employees want to resort to strike, it is not necessary to give notice as is otherwise required.[3]
Lockouts: It’s just opposite the strike where the employer shut down the workplace for a temporary period to agree employees on his terms .
Picketing:- This method is used to persuade the follow workers not to work.This ideology were also used at the time of independence to promote swadeshi product .
Lay off:- It means an incapacity of the employer due to not having sufficient raw material, breakout of machines, or of any natural calamities which causes hurdle in smooth running of working. So the only option left to removal of workmen.
Retrenchment:- It means termination of an workmen without giving any earlier notice or before age of retirement from work place as an punishment.
Boycott :- It means to initiate indiscipline intentionally at the workplace to make inconvenience in normal functioning of the work.
Gherao:- It means to surround in English where workmen’s blocked the passage of entry and exit.
Methods of redressal:-
Conciliation:- Here the representative come of employees and employers come together to discuss the dispute Infront of a third party and to conclude an agreement by mutual consent.
Arbitration:- In this process one person is appointed as a neutral party and both the parties come to tell their issue by hearing facts, giving a decision and imposing it on the parties.
Difference between arbitration and conciliation is that in conciliation only assist the parties to conclude whereas in arbitration give judgment.
Adjudication:- It is a final legal option left to the parties appointed by the government who intervenes in order to make a settlement which is binding on both the parties.
Footnotes
[1] https://www.lawctopus.com/academike/industry-under-industrial-disputes-act-1947/
[2] http://www.whatishumanresource.com/the-industrial-disputes-act-1947
[3] https://www.mondaq.com/india/workforce-management/24797/right-to-strike-under-industrial
References:-
[a] https://www.yourarticlelibrary.com/
[b]AIR 1978 SC 548.
[c]ILR 1988 KAR 2878, 1988
Author – Jaishree Gautam BACL (Nagpur)