• J. MEHTA & Company
  • J. MEHTA & Company
  • J. MEHTA & Company
  • J. MEHTA & Company
  • J. MEHTA & Company

The Industrial Disputes Act, 1947

Industrial Disputes Act

Object of the Act

Provisions for investigation and settlement of industrial disputes and for certain other purposes.

Power of Labour Court to give Appropriate Relief

Labour Court/Industrial Tribunal can modify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement.

Sec. 11A

Persons Bound By Settlement

  • When in the course of conciliation proceedings etc., all persons working or joining subsequently.
  • Otherwise than in course of settlement upon the parties to the settlement.

Sec. 18

  • Persons Bound By Settlement

    • When in the course of conciliation proceedings etc., all persons working or joining subsequently.
    • Otherwise than in course of settlement upon the parties to the settlement.

    Sec. 18

  • Period of Operation of Settlements and Awards

    • A settlement for a period as a greed by the parties
    • Period of six months on signing of settlement
    • An award for one year after its enforcement.

    Sec. 19


Important Clarifications

Industry: has attained wlder meaning than defined except for domestic employmant, covers from barber shops to big steel companies. Sec.2(i)
Works Committee: joint Committee with equal number of employers and employees representatives for discussion of certain common problems. Sec. 3
Conciliation: is an attempt by a third party in helping to settle the disputes. Sec. 4
Adjudication: Labour Court, Industrial Tribunal or National Tribunal to hear and decide the dispute. Sec. 7, 7A & 7B

Notice of Change

21 days by an employer to workmen about changing the conditions of service as provided in IV Schedule.
Sec. 9A

Recognition of Protected Workman

One percent of the total number of workmen employed therein subject to a minimum number of five and maximum of 100 workmen.
Sec. 33(4)

  • Prohibition of Strikes and Lock Outs

    • Without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking.
    • Within fourteen days of giving such notice.
    • Before the expiry of the date of strike specified in any such notice as aforesaid.
    • During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
    • During the pendency of proceedings before a Labour Court, Tribunal or National Tribunal and two months, after the conclusion of such proceedings
    • During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under sub-section (3A) of section 10A.
    • During any period in which a settlement or award is in operation, in respect of any of the matters covers covered by the settlement or award.

    Sec. 2(kkk)

  • Closure of an Undertaking

    • 60 days' notice to the labour authorities for intended closure in Form QA.
    • Prior permission at least 90 days before in Form O by the Government when there are 100 or more workmen during preceding 12 months (in UP 300 or more workmen)

    Sec. 25FFA & Sec. 25-O


Prohibition of unfair labour practice either by employer or workman or a trade union as stipulated in Fifth Schedule Both the employer and the Union can be punished.
Sec. 25-T

Penalties

Penalties Offence Punishment
Sec. 25-U Committing unfair labour practices Imprisonment upto 6 months or with fine upto Rs. 3,000.
Sec. 26 Illegal strike and lock-outs Imprisonment upto one month or with fine upto Rs. 50 (Rs. 1000 for lock-out) or with both.
Sec. 27 Instigation etc. for illegal strike or lock-outs Imprisonment upto 6 months or with fine upto Rs. 1,000
Sec. 28 Giving finencial aid to illegal strikes and lock-outs Imprisonment upto 6 months or with fine upto Rs. 1,000
Sec. 29 Breach of settlement or award Imprisonment upto 6 months or with fine. On continuity of offence fine upto Rs. 200 per day.
Sec. 30 Disclosing confidential information pertaining to Sec. 21 Imprisonment upto 6 months or with fine upto Rs. 1,000
Sec. 31A Closure without 60 days' notice under Sec. 25FFA Imprisonment upto 6 months or with fine upto Rs. 5,000
Sec. 31 Contravention of Sec. 33 pertaining to charge of conditions of service during pendency of dispute etc. Imprisonment upto 6 months or fine upto Rs. 1,000
When no penalty is provided for contravention. Fine upto Rs. 100.