Industrial Disputes Act
Purpose & Object
Industrial Disputes Act, 1947 has been enacted to provide machinery for peaceful resolution of Industrial Disputes and to promote harmonious relation between employers and workers.
Applicability / Eligibility
The coverage of Industrial Disputes Act, 1947 extends to whole of India
Applicable to all industrial and commercial establishments
Covers all workers and supervisors drawing salaries up to Rs. 1600/- per month
Not applicable to person employed in managerial and administrative capacities
Main Provisions
Defines terms ‘Industry’, ‘Industrial Dispute’, ‘Lay-off’, ‘Strike’, ‘Lockout’, ‘Retrenchment’, ‘Trade Union’ etc
Provides machinery for investigation and settlement of ‘Industrial Disputes’ through Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals, voluntary Arbitration and Collective Bargaining
Provides for setting-up of ‘Grievance Settlement Authority’ (GSA) in certain establishments
Provides for notice of change in employment conditions
Provides Strike, Lockout & Retrenchment procedures
Provides for Lay-off & Retrenchment Compensation
Provides for Compensation to workmen in case of transfer of undertakings
Protection of workmen during pendency of proceedings
Provides for Right to Appeal
Provides for Reopening of Closed Undertakings
Lays down provisions regarding Unfair Labour Practices
Provides Obligations & Rights of Employees
EXPERTISE
Services We Offer
We are Industrial & Labour Law Consultants and at PCS, we provide following services in relation to the provisions of the Industrial Disputes Act, 1947:
- Providing day to day consultancy on matters pertaining to Industrial Disputes Act
- Assistance to the Management in the proceedings of Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, Labour Courts, Industrial Tribunals, Arbitration
- Preparing Proposal on behalf of the Management to be placed during the process of Mediation / Collective Bargaining
- Negotiating on behalf of the Management against the claims of the Trade Unions
- Assisting in the process of Industrial Dispute Resolution upon invitation of the parties to act as independent 3rd Party in the event of requirement of professional reference
- Assistance in setting-up of 'Grievance Settlement Authority
- Assistance to the Management in ensuring / complying various provisions of the Act related to disclosures, notices, displays, etc.
- Assistance in Reopening of Closed Undertakings
- Assistance in settling compensation issues in case of transfer of undertakings
- Replying / Satisfying Show Cause Notices issued under the Act
- Assisting the Management during the Inquiries conducted under the Act
- Filing / defending Appeals under the Act