IMaintenance of proper relationships between workers and Employers is essential for smooth working. Since they both are pillars of our national economy. For the progressive development of society, it is essential to maintain proper regulation of the employer-employee relationship. Conflicts between employers and employees sometimes affect the whole industrial system. The government has enacted many labor welfare laws to solve this problem. The Industrial Dispute Act is one of the most important legislation in dealing and preventing industrial disputes. The basis of this act is the welfare of workers.
INDUSTRIAL DISPUTE ACT,1947
The main object of the Industrial Dispute act is to provide machinery for solving industrial disputes. It also prevents lock-outs, strikes, and also provides for compensation in case of retrenchment. In Workmen Of Dimakuchi Tea Estate vs The Management of Dimakuchi Tea Estate, [1]
It was observed by the SC that this Act shows
- promotion of good relations between employer and employee.
- Prevention of Illegal Strikes and Lockouts.
- Collective Bargaining
- Relief in case of retrenchment, lay-off, and closure.
- Proper investigation and settlement of Industrial Dispute between employer and employee.
Chapter II of the act provides for the establishment of various authorities for controlling industrial Disputes and for settlements In case of such disputes. Various Authorities under sec 3-7 are :
- Work Committee under section 3
- Conciliation officer under section 4
- Board of Conciliation under section 5
- Courts of Inquiry under section 6
- Labour Courts under section 7
- Industrial Tribunals under section 7A
- National Tribunals under section 7B
The main objective of these authorities is to provide for the settlement of industrial disputes through various modes of settlement provided under this act.
Various modes of the INDUSTRIAL DISPUTE settlement are as follows:
- Arbitration through Labour court, Industrial Tribunals, and National Tribunal.
- Conciliation or Mediation through Court of Inquiry, Board of Conciliation or Conciliation Officer
- Direct Negotiation with the help of work Committee
Work Committee, is constituted under section 3. For establishing the working Committee, there must be an industrial establishment and a hundred or more workmen must be employed in such industrial establishments. Apart from this, these must be orders from appropriate government for the establishment of the Working Committee.
Main Function of a working committee is to secure good relations between employer and employee and dealing with day to day problems. However, the decision of the Working Committee is not binding on the parties. Work Committee must consist of an equal no. representatives from the employee side and from the employer side.
Conciliation officers are appointed when Dispute aries and work commitee fail to achieve the end . Case is referred to labour court or industrial Tribunal when conciliation officer fails to achieve a solution.
[1] AIR 1958SC, 353
This blog is written by Riddhi Chadha, Fairfield Institute of Management & Technology.
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