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Mgt final year microproject

Management Information System (Sinhgad Technical Education Society)

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Micro project

On

“INDUSTRIAL DISPUTES ACT, 1947”

Submitted By

Sarthak Udekar (15)

Guided By

Mrs. S.K. Biyani

Diploma Course in Computer Technology (As per directives of I Scheme,

MSBTE)

Sinhgad Institutes

Sinhgad Technical Education Society’s

SOU.VENUTAI CHAVAN POLYTECHNIC

PUNE – 411041
ACADEMIC YEAR 2023-2024

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Maharashtra State Board of

Technical Education

Certificate
This is to certify that Mr. Sarthak Udekar with Roll No. 15 of Semester VI of
Diploma in Computer Technology of Institute Sou. Venutai Chavan
Polytechnic (Code: 0040) has successfully completed the Micro-Project in
Management (22509) for the academic year 2023-2024 as prescribed in the
curriculum.

Place: SVCP, Pune Enrollment No: 2100400085

Date: Exam Seat No:

Mrs. S.K. Biyani Mrs.A.V.Kurkute Dr.(Mrs.) M.S. Jadhav

Subject Teacher HOD Principal

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INDEX

SR NO CONTENTS PAGE NO

1 Aim of the Micro-Project 1

2 Rationale 3

3 Course Outcomes Achieved 4

4 Literature Review 4

5 Case Study 4

6 Characteristics and functions 6

7 Technical Overview 6

8 Actual Methodology Followed 12

9 Actual Resources Used 12

10 Skills Developed 13

11 Application of this Microproject 13

12 Conclusion 13

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Management (22509) INDUSTRIAL DISPUTES ACT, 1947

Annexure - I
Micro-Project Proposal

1.0 Aim of the Micro-Project:

To study the INDUSTRIAL DISPUTES ACT, 1947.

Advantages:- An engineer has to work in industry with human capital and machines.
Therefore, managerial skills are essential for enhancing their employability and career
growth. This course is therefore designed to provide the basic concepts in
management principles, safety aspects, and Industrial Acts.

2.0 Course outcome addressed.

Understand various provisions of industrial acts.

3.0 Proposed methodology

1. Focused on the selection of an appropriate topic for the micro-project.

2. Select the topic i.e. To Prepare a report on the INDUSTRIAL DISPUTES

ACT, 1947.

3. Brief study on our topic.

4. Gather all information based on the topic of the micro project.

5. Analysis and study of our topic in detail.

6. Following all the above methodologies we successfully completed our

microproject.

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

4.0 Action Plan:

Name of
Sr. Planned Planned responsible
Details of Activity
No. Start Date Finish Date Team members

1 Searching the topic for micro-project Sarthak Udekar

Search information from 22509 MAN

2 Management book and from the Sarthak Udekar
internet.

3 Discuss with the project guide. Sarthak Udekar

4 Arrange all information in MS-word Sarthak Udekar

5.0 Resources Required:

S. No. Resources required Specifications

1 Computer System 8 GB RAM, Windows 11 OS

2 Internet Youtube / Wikipedia

3 textbook/manual 22509 MAN Management

6.0 Team members:

S. No. Roll. number Name of Student

1 15 Sarthak Udekar

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

Annexure - II
Micro-Project Report
1.0 Rationale:

INDUSTRIAL DISPUTES ACT, 1947

As per section 2 (k) of Industrial Disputes Act1947, Industrial Dispute is defined as any dispute or
distinction 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 employment of the term
or with the condition of labor of any person.

OBJECTIVES
Promotion of measures for securing and preserving amity and adequate relation
between employers and workers
Investigation and settlement of industrial disputes
Prevention of illegal strikes and lock—outs
Relief to workmen in the matter of lay— off and retrenchment
Promotion of collective bargaining
FEATURES
This act expands to a total of India including the state of Jammu and Kashmir
It inspires arbitration over the disputes between employers and employees
It supplies for the setting up of works committees as machinery for mutual
consultation between employers and employees to promote cordial relation
This Act Shows the way for setting up permanent conciliation machinery at various
stages having definite time limits for conciliation and arbitration
This Act shows compulsory adjudication besides conciliation and voluntary
arbitration of Industrial Disputes.
The Act empowers the Government to make the reference of the dispute to an proper
authority ie, a Labour court,

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

Industrial tribunal and National Tribunal rely upon the nature of the dispute either on
their own or at the request of the parties The right to strike by the workers and lockout
by the employees have been subjected to the restriction as laid down in the Act
The act prohibits strikes and lockouts during the pending conciliation and arbitration
proceedings and in public utility service and it empowers the government to take
adequate action
Terms under the Industrial Disputes Act, of
1947 APPROPRIATE GOVERNMENT - Sec 2
(a)

Refers to Central Government/State Government

ARBITRATOR — Sec2 (aa)

Referred to as an umpire.
It means any individual who is appointed to determine to and distinguish disputes
between two parties.
WAGES - Sec 2(RR)
It means all income capable of being expressed in terms of money, if the term of
employment were fulfilled, be payable to a workman in respect of his employment or
of work done in such employment.
INDUSTRY- Sec 2(i)
Industry means any systematic activity held on by cooperation between an employer
and his workmen whether such workmen are employed by such employee directly or
by or through any agency including a contractor for the production, supply, or
distribution of goods or services with a view to satisfying human wants or desires with
a motive to make any gain or profit; not merely spiritual or religious.
WORKMEN - Sec 2(s)
This means any person including an apprentice trainee in any industry to do any
manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire
or reward the terms of employment be express or implied and there should be a
contractual relationship between master and servant INDUSTRIAL
ESTABLISHMENT- Sec 2(ka)

This means an establishment or undertaking in which industry is carried on

PUBLIC UTILITY SERVICE- Sec 2(n)
This means any industry specified in the First Schedule of Industrial Disputes Act,
1947, can be declared as Public Utility Service by the government through a
notification in the official Gazette for a fixed period (not more than six months for the
first instance) SETTLEMENT Sec 2(p)
This means A written contract between the employer and workmen arrived in the
course of the conciliation proceeding provided;

Such agreement has been signed by the parties to it in the manner prescribed

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

A copy has been sent to an officer approved by the appropriate government and the
conciliation officer

Authorities under the Industrial Dispute Act, of 1947

* Works Committee (Sec 3)

* Conciliation Officers (Sec 4)

* Board of Conciliation (Sec 5)

* Court of Inquiry (Sec 6) ¢ Labour Court (Sec 7)

* Industrial Tribunal (Sec7-A)

* National Tribunal (Sec7-B)

WORKS COMMITTEE (Sec-

3)
Constituted based on appropriate Government order
Applicable to the industrial establishment in which 100 or more workmen are employed
on any day in the preceding 12 months
Consists of representatives of employees and workmen engaged in the establishment.
The number of workmen representatives shall not be less than the number of
employer's representatives ¢ Representatives of workmen are selected in
Tasks

To encourage measures for ensuring and preserving amity and good relations
between the employer and the workmen To comment upon matters of their common
interest or problem.
CONCILIATION OFFICERS (Sec 4)
The appropriate government, by notification in the official Gazette, appoints a precise
number of persons as it thinks fit to be conciliation officers

A conciliation officer may be designated for a specified area or for specified industries
in a specified area either as a permanent or for a limited period

A conciliation officer shall be deemed to be a public servant as per Sec. 21 of the

Indian penal code 1860.
Tasks

1. When any industrial disputes exist, the conciliation officer should hold conciliation
proceedings in a prescribed manner without waiting to have the right settlement.

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

2. Whether a settlement is reached or not, the conciliation officer must submit the
report within 14 days of the commencement of the conciliation proceedings or within
the date fixed by the relevant government

3. If the report submitted is acceptable to the appropriate Government, it may or may

not refer the dispute to any sovereignty under the Act. If the Government is not
making any reference, it should record and communicate the reason to the contending
parties

4. The duty of a conciliation officer is administrative and not judicial.

3. BOARD OF CONCILIATION (Sec5)
The relevant Government by notification in the official Gazette constitutes a Board of
Conciliation for encouraging the settlement of an industrial dispute
The Board consists of a Chairman and two or four other members, as the relevant
government thinks fit
The Chairman shall be an independent person; unconnected with the dispute
The other members shall be persons appointed in equal numbers to describe the
parties to the dispute The person appointed to represent a party shall be appointed on
the recommendation of the party
The relevant Government appoints a fit person as it thinks if any party fails to make a
recommendation within a prescribed period
A Board of Conciliation can act only when a dispute is referred to it by the
Government Tasks

1. When a dispute has been directed to a Board, it will examine the matter affecting
the merits and right settlement of the dispute without delay
2. Whether the settlement is reached or not, the Board must submit the report within
two months of the date on which the dispute was referred to it
3. If no settlement has arrived, the Government may refer the dispute to the labor
court, Industrial Tribunal or National Tribunal.
4. The time for submission of the report may be expanded by such period as may be
agreed to in writing by all the parties to the disputes

5. The report of the Board shall be in writing and shall be signed by all the members
of the Board.
6. The report presented shall be published by the appropriate Government within 30
days from the receipt
7. A Board of Conciliation can only try to bring about a settlement. It has no power to
set a settlement for the parties to the dispute
4. COURT OF INQUIRY (Sec 6)
The relevant Government, by notification in the official Gazette, constitutes a Court of
Inquiry into any matter relevant to an Industrial dispute A Court of Inquiry consists of
one separate person or of a number of independent persons as the relevant
Government

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

may think fit Court of Inquiry consists of two or more members, one of them shall be
designated as Chairman The Court of Inquiry can act under a prescribed quorum; even
at the lack of Chairman If the service of the chairman is ceased by the Government
through notification, the court shall not act until a new chairman has been established.

All members of the court shall be deemed to be public servants under Sec 21 of the
Indian penal code 1860. Every inquiry by a court shall be considered to be a judicial
proceeding. A Court of Inquiry has the same powers as a Civil court under the Code
of Civil Procedure 1908. The court has the right to designate one or more persons
having special knowledge of the matter of the dispute as an advisor.

Tasks

A Court shall examine the matters directed to it and report to the relevant government
within a span of 6 months from the commencement of the inquiry The report of the
court shall be in writing and signed by all the members of the court. Members are free
to record their disagreement The report submitted shall be published within a period
of 30 days of its receipt by the Government
5. LABOUR COURT (Sec 7)
1. A labor court consists of one person only to be assigned by the relevant Government
2. A person shall not be qualified for selection as presiding officer of a labor court unless

a) He is/has been a Judge of a High Court

b) He has been a District Judge /Additional District Judge for a period not less than
three years
c) He has held any judicial office in India for not less than seven years

2.0 Literature Review:

Eclipse was inspired by the Smalltalk-based VisualAge family of integrated

development environment (IDE) products. Although fairly successful, a major
drawback of the VisualAge products was that developed code was not in a
componentbased software engineering model. Instead, all code for a project was held
in a compressed lump (somewhat like a zip file but in a proprietary format called
.dat). Individual classes could not be easily accessed, certainly not outside the tool. A
team primarily at the IBM Cary NC lab developed the new product as a Java-based
replacement. In November 2001, a consortium was formed with a board of stewards
to further the development of Eclipse as open-source software.

It is estimated that IBM had already invested nearly $40 million by that time. The
original members were Borland, IBM, Merant, QNX Software Systems, Rational

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

Software, Red Hat, SuSE, TogetherSoft, and WebGain. The number of stewards
increased to over 80 by the end of 2003. In January 2004, the Eclipse Foundation was
created.
Tasks

1. Adjudicate upon the industrial disputes linking to any matter pinpointed in the
Second Schedule 2.
2. When an industrial dispute has been referred to a labor Court for adjudication,
within the specified period, it should present an award to the relevant Government
3. It shall be publicized in such manner as the appropriate Government thinks fit
within a period of 30 days from the date of its receipt by the appropriate Government
6. INDUSTRIAL TRIBUNAL (Sec7-A)
The relevant Government by notice in the official Gazette constitutes one or more
industrial tribunals for the adjudication of industrial disputes relating to any matter
prescribed in the Second or Third Schedule

The Tribunal consists of one person to be appointed by the appropriate Government

A person shall not be trained for appointment as the presiding officer of an Industrial
Tribunal unless

a) He is/ has been a Judge of a High Court

b) He has been a District Judge / Additional District Judge for a term of three years.

No person shall be appointed to or continue in the office of a presiding officer if

 He is not an independent person.

 He has attained the age of 65 years.

Tasks

* It shall submit its prize to the relevant Government within a specified time if an
industrial
the dispute is referred to an Industrial Tribunal
* The award shall be in writing and shall be signed by its presiding officer
* The award shall be published by the relevant government within a period of 30 days
in a manner
as the relevant government thinks fit
* As it is a quasi-judicial body, it must serve notice upon the parties to the reference
by name before
making any recognition.

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

7. NATIONAL TRIBUNAL (Sec7-B)

* The Central government, by notification in the official Gazette constitutes one or

more National Industrial

Judiciaries for the adjudication of industrial disputes :

1. Involving questions of national significance

2. Which are of such a nature that industries are more than one state are possible to be
interested in, or
affected by, such disputes

3. Matters arising in the Second and Third Schedule

* A National Tribunal consists of one person to be assigned by Central Government

* A person shall not be qualified for designation as a presiding officer of a National
Tribunal unless he is /has been a Judge of the High Court.

Tasks

* When an industrial dispute is directed to the National Tribunal for adjudication, it

shall submit its award to the relevant government
* The award shall be in writing and shall be inscribed by the presiding officer of the
National
Tribunal
*It shall publicize the award within a period of 30 days from the date of its receipt by
Central
Government.

2.0 Case Study:

Global Motors Pvt. Ltd. had been facing challenges in negotiations with the union
regarding a pending wage revision, concerns over working conditions, and the
planned integration of automated machinery to enhance production efficiency. The
simmering discontent reached a tipping point, leading to a series of work stoppages
and disruptions, impacting both the company's operations and employee morale.

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Management - 22509 INDUSTRIAL DISPUTES ACT, 1947

Application of Industrial Disputes Act, 1947:

1. Notice of Change:

 In compliance with Section 9A of the Industrial Disputes Act, the management of

Global Motors served a formal notice to the workers' union and the appropriate
government authority, outlining the proposed changes related to wage revision and the
introduction of new technology.

2. Conciliation Proceedings:
 Recognizing the need for dialogue, both parties engaged in conciliation proceedings
mediated by a conciliation officer as mandated by Section 12 of the Act. The
conciliation process aimed to facilitate mutual understanding and resolve the
contentious issues.

3. Strike and Lockout:

 Despite efforts at conciliation, the union declared a strike, citing dissatisfaction with
the progress. In response, Global Motors considered declaring a lockout to safeguard
its interests. The legal implications of both the strike and lockout were carefully
evaluated in accordance with Sections 22 and 23 of the Act.

4. Reference to Industrial Tribunal:

 With conciliation proving unsuccessful, the appropriate government authority invoked
Section 10(1) of the Act, referring the dispute to an Industrial Tribunal. The tribunal
had the authority to examine the matters in detail and issue a binding decision on the
contentious issues.

5. Award and Settlement:

 The Industrial Tribunal conducted hearings, reviewed evidence, and issued an award
addressing wage revision, working conditions, and the implementation of new
technology. The award served as the basis for a negotiated settlement between the
company and the union, aligning with the Act's intent outlined in Section 18(3).
Implementation:

Both the management and the union were obligated to implement the award and
adhere to the settlement terms, emphasizing the enforceability of decisions under
Section 29 of the Act. Non-compliance could result in legal consequences.
Outcome:
The application of the Industrial Disputes Act, 1947, played a crucial role in resolving
the conflict at Global Motors Pvt. Ltd. By following the prescribed procedures,
engaging in conciliation, and seeking adjudication from an Industrial Tribunal, the
parties achieved a balanced resolution, fostering a more cooperative and harmonious
work environment.

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3.0 Actual Resources Used:

S. No. Resources required Specifications

1 Computer system AMD Ryzen 5, 16 GB RAM

2 Operating System Windows 11, 64 Bit Operating System

4.0 Skills Developed:

During the course of this micro-project, we learnt to use Eclipse software and also, we
learnt it’s features and characteristics.
a) We learnt various functions of management.
b) We learned to so many things.

5.0 Conclusion:
We learnt various functions of management.
We learned to so many things.

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