To, Mrs Kalyani Kapse,
RTMNU's Dr. Babasaheb Ambedkar College of Law,
LLB 3 Years (3rd Sem) (2020-2021)
City Branch, Nagpur.
Subject :- Labour Law 1
Assignment no. 2 PPT Presentation
INDUSTRY SEC.2(J) Industrial Dispute Act 1947
Regards, Rohit H. Karade
Branch :- City Date:- 28/10/2020
THE INDUSTRIAL DISPUTE ACT,
1947
CONTENTS :
SECTIONS UNDER THE INDUSTRIAL RESOLUTION MECHANISM
CASE LAW:- BANGLORE WATER
DISPUTE ACT, 1947
INTRODUCTION
SUPPLY & SEWAGE BOARD VS. A. RAJAPPA
INDUSTRY (AIR 1978 SC 548)
STRIKES CASE LAW :- COIR BOARD
RETRENCHMENT ERNAKULAM KERALA STATE VS INDIRA
LOCK-OUT DEVI P.S. & ORS
LAY OFF 1982 AMENDMENT
APPROPRIATE GOVERNMENT CONCLUSION
INDUSTRIAL DISPUTE REFERENCES
SECTIONS UNDER
THE INDUSTRIAL DISPUTE ACT, 1947
Section 1 : Short title, and Section 2KA: Industrial
commencement establishment or undertaking
Section 2A : Appropriate Government Section 2KK: Insurance company
Section 2J : Industry Section 2LA: Major port
Section 2BB: Banking company Section 2LB: Mine
Section 2G : Employer Section 2N : Public utility service
Section 2J : Industry Section 2O : Railway Company
Section 2K : Industrial dispute Section 2RR: Wages
Section 2A : Industrial dispute Section 2S : Workmen (Including
between individual and employer an Apprentice)industrial act
INTRODUCTION
The Industrial Disputes Act, 1947 extended to the whole of India
and regulated Indian labour law so far as that concerns trade
unions as well as Individual workman employed in any Industry
within the territory of Indian mainland. Enacted on 11th March
1947 and It came into force 1 April 1947.
“Industrial dispute” is defined by Section 2(k) of the industrial
disputes Act, 1947 as, “any dispute or difference between
employers and employers, or between employers and workmen,
or between workman 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.
INDUSTRY
Sec 2 (j) of the Industrial Disputes Act has
defined the term “industry” means any
systematic activity carried on by co-operation
between an employer and his workmen for the
production, supply or distribution of goods or
services with a view to satisfy human wants or
wishes.
Accordingly, section 2(j), an activity would become an
industry if ,
it is systematic.
it involves co-operation between the employees and the
employer.
it results in the production and/or distribution of goods or
services.
It is carried on as trade or business, regardless of whether it is
trade or business, for profit or not. If these tests are Satisfied
the term industry would include educational institutions,
university, hospitals, societies, charitable institutions, a firm
of lawyers and chartered accountants, municipality, etc.
STRIKES
Industrial Disputes Act,1947, deals with this type separately
in section 2(q) and defines it as “strike means a cessation of
work by a body of persons employed in any industry acting
in combination, or a concerted 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.”
RETRENCHMENT
According to The term “Retrenchment" defines under the
section 2(oo) may be analyzed as:
Retrenchment means the termination by the employer
of the services of a workman.
The termination may be for any reason what so ever.
But the termination should not be as a measure. of
punishment by way of disciplinary action.
LOCK-OUT
Lockout means temporary shutdown of the factory by the
employer, but not winding up (permanent) of the factory.
Lockout of the factory maybe happened due to the failure in the
management affected by internal disturbances or maybe by
external disturbances. Internal disturbances maybe caused when
the factory management goes in to financial crisis or got
succumbed into financial debts, disputes between workers and
workers, disputes between workers and management or may be
caused by ill-treatment of workers by the management.
LAY OFF
In section 2(kk) lay Off Means putting aside workmen
temporarily. The duration of lay off should not be for a period
longer than the period of emergency. The employer-employee
relationship does not come to an end during the period of layoff
but is merely suspended during the period of emergency.
Any such refusal or failure to employ a workman may be on
account of :
Shortage of coal, power or raw materials, or
The accumulation of stock, or
The breakdown of machinery, or
Natural calamity, or
Any other connected reasons.
Appropriate Government
In section 2 ( a) The Central Government as well as the State
Government are vested with various powers and duties in relation
to matters dealt with in this Act. In relation to some industrial
disputes the Central Government and in relation to some others,
the State Government concerned are the appropriate Government
to deal with such disputes.
Under sub-section [(i) (a)] and [(i)(b)] of the Act,
Companies/Corporations/Trusts/Boards/ Authorities, etc.
established under the Act of Parliament; the Central Government
is the Appropriate Authority.
Case Law:- Banglore Water Supply &
Sewage Board
Vs. A. Rajappa (Air 1978 Sc 548)
In this landmark case of
Bangalore Water Supply and Sewerage Board v. A. Rajappa,
(1978) 2 SCC 213 was decided by a Bench of 7 Judges, headed
by Chief Justice M.H. Beg on 21st February 1978. The issues
raised in the case were regarding the scope of the term Industry
under Section 2(j) of the Industrial Disputes Act, 1947, whether a
sovereign function of the government would come under the
ambit of the term ‘industry’? and Whether Charitable institutions,
hospitals, nonprofit making organizations, educational
institutions, professionals qualify as an industry?
Case Law :- Coir Board Ernakulam
Kerala State vs
Indira Devi P.S. & Ors
ORDER
1. We have considered the order made in Civil Appeal Nos. 1720-
21 of 1990. The Judgment in
Bangalore Water Supply & Sewerage Board vs. A. Rajappa
& Ors. was delivered almost two decades ago and the law has
since been amended pursuant to that judgment though the date of
enforcement of the amendment has not been notified.
2. The judgment delivered by seven learned Judges of this Court in
Bangalore Water Supply case does not, in our opinion, require any
reconsideration on a reference being made by a two Judge Bench of
this Court, which is bound by the judgment of the larger Bench.
1982 AMENDMENT
A further amendment in 1982 expanded its ambit by reducing the
threshold to 100 workers. It is argued that since permission is
difficult to obtain, employers are reluctant to hire workers whom
they cannot easily get rid of. Job security laws thus protect a tiny
minority of workers in the organised sector and prevent the
expansion of industrial employment that could benefit the mass of
workers outside. It is also argued that the restriction on retrenchment
has adversely affected workplace discipline, while the threshold set
at 100 has discouraged factories from expanding to economic scales
of production, thereby harming productivity. Several other sections
of the IDA allegedly have similar effects, because they increase
workers’ bargaining strength and thereby raise labour costs either
directly through wages or indirectly by inhibiting work
reorganization in response to changes in demand and technology.
CONCLUSION
Thus, this was the Industrial Disputes Act which was passed
by the government of India in 1947. This Act ensures peace
and harmony among all the industrial establishments, and if
any conflict arises, the provisions in the Industrial Disputes
Act helps in solving the issue in a systematic manner in
which all the parties are satisfied and every decision made is
fair and just.
REFERENCES
https://indiankanoon.org/doc/500379/
http://www.mondaq.com/india/x/629148/employee+rights+labou
r+relations/Indian+Industrial+Disputes+Act+1947
THANKING
YOU
