What are the main provisions of the Industrial Disputes Act 1947?
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1. To encourage good relations between labor and industries, and provide a medium of settling disputes through adjudicator authorities. 2. To provide a committee for dispute settlement between industry and labor with the right of representation by a registered trade union or by an association of employers.
What are the objectives and scope of Industrial Dispute Act 1947?
The Act is primarily meant for regulating the relations of employers and workmen, past, present and future. The principal aim of the Act is to encourage collective bargaining and to maintain industrial peace by preventing illegal strikes and lockouts and to provide lay off and retrenchment compensation.
Who are the authorities under the Industrial Disputes Act 1947?
There are various authorities under the act such as the works committee, conciliation officer, conciliation board, courts of inquiry, labour court, tribunal, national tribunal.
What is an industrial dispute under the Industrial Disputes Act 1947?
The Industrial Disputes Act defines “Industrial dispute” as a dispute or difference between workmen and employers or between workmen and workmen, which is connected with employment or non-employment or the terms of employment or with the conditions of labour.
What is the qualification of conciliation officer?
Who is Conciliation Officer? He is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years’ experience in the labor department including three years of experience as Conciliation Officer.
What are the various methods for the settlement of industrial disputes under the Industrial Disputes Act?
The three methods for settlement of industrial disputes are as follows: 1. Conciliation 2. Arbitration 3. Adjudication….These are discussed one by one.
- Conciliation: In simple sense, conciliation means reconciliation of differences between persons.
- Arbitration:
- Adjudication:
What is the difference between strike and lockout?
The purpose of a strike is to compel an employer to agree to terms and conditions of employment, whereas a lockout is intended to exert similar pressure on the employees and the union. The practical result of each, in terms of the impact on the employer’s business, is virtually identical.
What is the difference between layoff and retrenchment?
Layoff refers to the provisional termination of the employee, at the instance of the employer. Retrenchment means involuntary separation of an employee due to the replacement of labour by machines or the close of the department.
How can we solve industrial disputes?
Industrial disputes can be resolved by way of adjudication i.e. settlement of an industrial dispute by labour court or industrial tribunal. The appropriate government may refer a dispute to adjudication depending on the failure of conciliation proceedings.
What are the qualities and duties of conciliator?
A conciliator, also called an administrative judge, is responsible for helping two parties come to an agreement or negotiate terms outside of the court. Conciliators act as neutral entities between opposing parties and work to ensure they both can settle their dispute without turning to a court trial.
Who can become conciliator?
Conciliator can be appointed by the parties themselves of their own choice with consensus i.e. both should agree upon the appointment of the conciliator. IDRC has a Panel of Conciliators with rich experience in varied fields.
How can industrial disputes be settled in the Indian context?
Adjudication or compulsory arbitration is the ultimate remedy for the settlement of disputes in India. Adjudication consists of settling disputes through the intervention of a third party appointed by the government. An industrial dispute can be referred to adjudication by the mutual consent of the disputing parties.
What is the Industrial Disputes Act 1947?
The Industrial Disputes Act, 1947 regulates the Indian labour law so far as that concerns trade unions as well as individual workmen employed in any industry in the Indian mainland. It was one of the last legislative act before the passing of the Indian Independence Act of 1947.
What is the difference between rights disputes and industrial disputes?
Whereas, rights disputes relate to the interpretation and application of existing standards of employment and usually involve an individual worker or group of workers. The Industrial Disputes Act, 1947 has provided for the establishment of both internal and external mechanisms to settle industrial disputes.
What is the purpose of the industrial dispute resolution Act?
The act was drafted to make provision for the investigation and settlement of industrial disputes and to secure industrial peace and harmony by providing mechanism and procedure for the investigation and settlement of industrial disputes by conciliation, arbitration and adjudication which is provided under the statute.
What are the external mechanisms to resolve industrial disputes?
The Industrial Disputes Act, 1947 provides for the following external mechanisms to resolve industrial disputes: – Section 4 and Section 5 of the Act refer to conciliation as a mechanism for redressal of industrial disputes. The Government appoints Conciliation Officers by way of notification in the Official Gazette.