Understanding the Industrial Disputes Act of 1947: How Does It Resolve Workplace Conflicts?

Understanding The Industrial Disputes Act of 1947

The Industrial Disputes Act was enacted to provide machinery and a forum for the settlement of conflicts that arise between employers and employees or within employees. The Industrial Disputes Act has provided an elaborate machinery comprising the following agencies for the settlement of disputes:
1. Works committee
2. Conciliation officer
3. Board of Conciliation
4. Courts of Inquiry
5. Labour courts
6. Tribunals
7. National Tribunals
8. Grievance settlement authority
9. Voluntary arbitration.

You will find more details about this act in the following post. You can also share your knowledge.

Request for Daily Updates on the ID Act

Please share the complete text on a daily basis. Today you started discussing the ID Act. You can continue providing explanations in parts daily, similar to Sindbad and Kannitheevu in the Dhinathanthi Newspaper. Keep spreading knowledge.

All the best.

Regards,

Is Municipal Corporation an Industry?

The question came before the Supreme Court as to whether the activities of a municipal corporation would fall within the ambit of the definition of an industry. The court held that, in the true sense, the activities of a municipal corporation would not be brought within the scope of the expressions "business" or "trade"; however, they may fall within the scope of the expression "undertakings." Some departments of the municipal corporation were declared as industries, such as the printing press department, building department, water works department, etc.

After various discussions held in the court, the following decisions were arrived at:

1. Hospitals run by the government as part of sovereign functions with the sole objective to provide free services to patients are not considered industries.
2. All other hospitals, whether managed by private or public entities, for charitable purposes or commercial purposes, would be considered industries.

Thank you, Bharathi, for imparting knowledge. Keep on sharing with us. Kindly post the next information on the next day only. If you post on the same day with many posts, there are chances to miss the subject. All the best.

Is Club an Industry?

The Supreme Court held that the club was not an "industry." It was a self-serviced institution. The catering facility was also in the nature of self-service by the club to its members.

Can you provide more details about the club and catering facilities? Are both not covered under the industry? From your post, I understand that aggrieved employees in club and catering services may not receive any remedy through the ID Act. Am I correct? If I am mistaken, please clarify.

Thank you.

Thanks for your interest, Baskar. Yes, you're right, the aggrieved employees in club and catering services cannot get any remedy through the ID Act. This is because they are not working under any industry.

Understanding the Definition of Industry

Every human activity that involves the relationship of employers and employees is not necessarily considered an industry. Personal services rendered by domestic and other servants, administrative services of public officials, services in aid of occupations of professional men such as doctors and lawyers, employment of teachers, and so on may result in a relationship where there are employers on one side and employees on the other. However, they must be excluded because they do not fall within the denotation of the term "industry."

I hope now you understand... :)

Thank you, Bharathi, for your nice explanation. How can the aggrieved employee obtain a remedy, and under which act can they receive it? The Minimum Wages Act and the Payment of Wages Act will be applicable to them as well. What is the remedy available to them? Please clarify.

Coverage of Shops and Establishments Under the ID Act

Shops and establishments are also covered under the Industrial Disputes Act. Clubs, gyms, and catering services normally fall under the services sector. So, what will be the remedy for the aggrieved worker in those fields? Shall we expect some reply from our learned members?

Regards

Definition of Strike Under the Industrial Disputes Act 1947

Under section 2(q) of the Industrial Disputes Act 1947, a strike is defined as "a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal or refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment."

Dear Bharathi, after quoting the acts with sections for any definitions, please provide some explanations from your side in simple language so that the members can better understand the definition.

Definition of a Strike

A strike means the stoppage of work by a group of people engaged in any industry after declaring and serving a notice to the management. It is conducted to make the management understand the requirements of the workforce/employees.

I hope I have presented the terms in simple language. You can also provide explanations after giving the definition.

Thank you, Bharathi, for your initiative and for continuing to spread knowledge.

Yes, you are right. But a strike does not only mean a stoppage of work; sometimes it may involve a slowdown of work, known as a "Go-slow strike."

Similarly, in some cases, employees may not give a notice period to management, which is referred to as a "wildcat strike."

Notice Period for Strikes

I hope the union or employees planning to go on strike serve notice 14 days or 7 days prior to its commencement. Otherwise, it may be declared an illegal strike. Please shed some light on this.

Understanding Outlaw Strikes

These kinds of strikes arise because labor's specific problems or concerns are not satisfactorily addressed by employers, or workers may feel that union leaders are not acting in the best interest of the union members. This is also referred to as an "outlaw strike."

This strike is an illegal one. Sometimes, strikers may engage in unprotected activity and may be subject to employer discipline. Employers may impose fines in this regard.

Procedure for Transfer or Deputation Under the ID Act of 1947

I want to know what the procedure is for the transfer or deputation of a confirmed employee as per the ID Act of 1947.

Regards,
Suku
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