Documente Academic
Documente Profesional
Documente Cultură
OBJECTIVES
Investigate and settlement of Industrial
Disputes.
Creation of different machineries of
settlement of Disputes.
Right to workman for strike and right to
workman for lock out
Formalities to be observed for lay off,
retrenchment and closure.
To extent protection to certain workman
Formalities to be observed for recovery of
dues to a workman from employer
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On whom it is binding:
i.
ii.
iii.
iv.
Period of Binding
Settlements:
Awards:
i.
An award is binding & will come into operation on the expiry of 30 days from
the date of its publication.
ii.
It will remain in operation for a period of 1 year from the date on which the
award becomes enforceable.
iii.
Government may reduce the said period & fix such periods as it thinks fit. The
government may also extend the period of operation by any period not exceeding
1 yr. at a time but the total period of operation of any award cannot exceed 3 yrs.
From the date on which it comes into operation.
iv.
v.
If for any reason the award does not become enforceable, it can never come into
operation. The date on which an award comes into operation may or may not be
the date on which it becomes enforceable.
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Shall be punishable with imprisonment for a term which may extend to 6 mths.
Or with fine.
Or with both (and where the breach is continuing one, with a further fine which
may extend to Rs. 200 for every day during which the breaches continues after
the conviction for the first.
The court trying the offence, if it fines the offender, may direct that the whole or
any part of the fine realised from him shall be paid, by way of compensation, to
any person who, in its opinion, has been injured by such breach.
Case Studies:
i.
ii.
Strikes
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Section 2(A)
arising
out
of
such
discharge,
dismissal,
section 2(A)(1)
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1.Works Committee
2.Conciliation Officer
3.Conciliation Board
4.Court of Enquiry
5.Voluntary Arbitration
6.Labour Court
7.Tribunal
8.National Tribunal
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Classification by grades
Withdrawal of any customary concession or
privilege or changing usage.
Introduction of new rules of discipline, or
alteration of existing rules, except in so far as
they are provided in Standing Orders
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Rationalization, standardization or
improvement of plant or technique which is
likely to lead to retrenchment of workmen.
Any increases or deduction (other than
casual) in the number of persons employed or
to be employed in any occupation or process
or department or shift, (not occasioned by
circumstances over which the employer has
no control).
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SECTION-11A.
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Additional restrictions on
strikes in Public Utility
Services (Sec. 22).
Penalties
Penalty for illegal
strikes (Sec 26):
Any workman who
commences, continues or
other wise acts in furtherance
of a strike which is illegal
under this Act, shall be
punishable, with
imprisonment for a term
which may extend to 1 mth.,
or with fine which may extend
to Rs. 50, or with both.
Case Studies:
strikers
cannot be exempted from
the consequences.
employers has the
right to suspend the striking
workmen.
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LOCK-OUTS
A lock-out means :
ILLEGAL LOCK-OUTS
Penalty for illegal lockouts
An illegal lock-out is
punishable for a term
extending to 1 month or with
fine up to Rs. 1000 or with
both.
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Penalty for Lay-off:Any employer who contravenes the provisions of lay off is punishable with imprisonment for a term which
may extend to Rs.1000/- or both.
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Retrenchment
(Chpt. VA & VB)
i.
ii.
iii.
I.
II.
III.
IV.
V.
VI.
VII.
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Closure
a)
b)
a)
b)
a)
b)
Under Sec. 25 0
Closure-5B(sec25-o)
Compensation to workmen
in case of closing down
(s.25 fff)
Case - Engineering Metal &
General Workers Union v/s
M.Jeeveanlal Ltd
Case - K.O.Anthony v/s
P.V.kumaran Sec. 25F(b)
Penalties - for illegal closure
(s.25r)
Differences:
LAY-OFF &
RETRENCHMENT
RETERNCHMENT &
CLOSURE
(case: Raj Hans Press v/s
Labour Court Delhi)
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