1. #1

    What is industrial dispute act? What are the provisions under this act?

    I am working in a textile factory as a manager. I want to know about the industrial dispute act. Is it beneficial for the employees? I also want to know about the provisions come under this act.

  2. #2
    Labournet Law Consultancy Array
    Join Date
    Oct 2012
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    Re: What is industrial dispute act? What are the provisions under this act?

    Industrial Dispute Act came into force in India in 1947. It mainly deals with Industrial dispute. Industrial dispute means a dispute between the employer and employee or employer and employer or workmen and workmen. In this case the employees are mainly represented by the trade unions. It is applicable on any business , manufacture industry, factories etc. But it does not apply to the person deals in managerial capacity who has supervisory capacity who is getting more than the salary of Rs10,000 per month. The main object of the industrial dispute act is to safe guard the interest of both the employer and the employees. It relates to the settlement of industrial disputes between the employer and the employees.

    The authority to settle the industrial dispute is conciliation officer. If any disputes occurs between the employer and the employee then any one of the parties can approach this conciliation officer and he will call both the parties to mediation and if he could not settle the matter he will refer the matter to the board of conciliation.

    I am mentioning the important provisions under the Industrial Dispute Act which are as follows,

    1. Receiving of money from an employer:- If any money is liable to be paid by the employer to the employee by any settlement or award or other legal means the authorised person mentioned in this act can direct the employer to pay the say. Section 33(2) of the Industrial disputes Acts deals with the same.

    2. effect of retrenchment:- Retreatment is the process by which an employer dismisses an employer form his service. If the employer dismiss an employee without reasonable cause then that employee can approach the statutory authority against such retreatment. The legal process of termination of an employee is that he should be given a one months’ notice or one month’s wages in advances.

    3. This Act also safeguard the interest of the employer against illegal strike and lock out. When an employee has to strike in an establishment then he has to give one months notice and only after giving one month notice the employee can go on strike. If the employee has started striking with out notice then the employer has even right to declare lay off.

    4. An employer or employee or any union cannot carry out unfair labour practice.

    5. If any settlement is arrived between the employer And the employee and Any one of the party don not comply with the settle then the statutory authority can punish them.

    6. If an employer what to close done the establishment then he has to submit an application for the same before the statutory authority and all the back wages of the employee has to be given by the employer.
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  3. #3
    mayankdevills Array
    Join Date
    Nov 2012

    Re: What is industrial dispute act? What are the provisions under this act?


    Industrial disputes are the disputes which arise due to any disagreement in an industrial relation. The term 'industrial relation' involves various aspects of interactions between the employer and the employees; among the employees as well as between the employers. In such relations whenever there is a clash of interest, it may result in dissatisfaction for either of the parties involved and hence lead to industrial disputes or conflicts. These disputes may take various forms such as protests, strikes, demonstrations, lock-outs, retrenchment, dismissal of workers, etc.

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