Professional Documents
Culture Documents
Disputes Act,
1947
Contents & Done by.
i. Settlement & Awards – By Nima.
ii. Strikes – By Alifiya.
iii. Lockouts – By Asmita.
iv. Lay – off (Chapter VA & VB) – By Rachel.
v. Lay – off Case Study – By Nisha.
vi. Retrenchment (Chapter VA & VB) – By Vidhi.
vii. Retrenchment Case study – By Jackline.
viii. Closure (Chapter VA & VB) – By Rajani.
ix. Closure Case Study & Conclusion – By
Priyadarshani.
Settlements & Awards
Settlement is defined in Sec. 2(p) of the Industrial
Disputes act envisages 2 categories:
iii. An award is binding & will come into operation on the expiry of 30 days
from the date of its publication.
v. It will remain in operation for a period of 1 year from the date on which the
award becomes enforceable.
vii. 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.
xi. 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.
Penalties & Case studies of
settlement & awards
Penalty for breach of settlement or award:
iii. Shall be punishable with imprisonment for a term which may extend to 6
mths. Or with fine.
iv. 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.
v. 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. Plurality of workmen.
ii. Cessation of work or refusal to continue to work.
iii. Acting in combination or concerted action under a common
understanding.
General prohibition of strikes:
No group of workman may strike in the following 5
situations:
3. Conciliation going on before a Board of Conciliation
& 7 days thereafter.
4. Adjudication before a Labour Court or Tribunal & 2
mths. thereafter.
5. Appropriate government prohibits the continuance
of any strike.
6. Arbitration before an Arbitrator & 2 mths.
thereafter.
7. A settlement or an award is in operation.
(Note: prohibition restricted to those matters only
which are covered by the settlement or award.)
Additional restrictions on
strikes in Public Utility
Services (Sec. 22).
• Strike notice must be given to the employer &
Conciliation Officer.
• Strike must not take place for 14 days after the notice
has been given.
• Strike must not take place after 6 weeks from the
notice.
• Strike must not take place before the day, if any,
specified in the strike notice.
• Strike must not take place during conciliation before a
Conciliation Officer & 7 days after the conclusion of
such proceedings.
Penalties
• Penalty for illegal • Penalty for giving
strikes (Sec 26): financial aid to
Any workman who illegal strikes
commences, continues (sec. 28):
or other wise acts in Any person who
furtherance of a strike knowingly expends or
which is illegal under applies any money in
this Act, shall be direct support of an
punishable, with illegal strike is
imprisonment for a term punishable with
which may extend to 1 imprisonment for a term
mth., or with fine which upto 6 mths., or a fine
upto Rs. 1000, or with
may extend to Rs. 50, or
both.
with both.
• Case Studies:
• Penalty for 4. Lakshmi Devi Sugar Mills
instigation of vs. Ram Sarup (1957-I
LLJ. 17 S.C.)
illegal strikes (sec.
27): –
sudden concerted
LOCK-OUTS
A lock-out means :-
An illegal lock-out is
punishable with imprisonment
for a term which may extend to
6 months or a fine up to Rs.
1000 or with both.
Lay – off (Chpt. VA & VB)
Section 2 (KK) of the Act defines lay – off as “ the failure, refusal
or inability of an employer on account of shortage of coal & power
or raw material or the accumulation of stocks or the breakdown of
machinery or for any other reason to give employment to a
workmen whose name is borne on the muster roll of his industrial
establishment & who has not been retrenched.”
• Under Sec. 25 – 0
► An employer who intends to close down an
undertaking or an industrial establishment shall
serve,
g) Approval at least 90 days before the date.
h) It shall not apply to an undertaking setup for the
construction of buildings, bridges, roads, dams,
canals, or for other construction work.
► If the appropriate government does not
communicate the permission within period of 2
months from the application date –
The permission applied for shall be deemed to
have been granted on the expiration of the said
Closure-5B(sec25-o)
Compensation to workmen Differences:
in case of closing down (s.25
fff) LAY-OFF &
Case - Engineering Metal & RETRENCHMENT
General Workers Union v/s
M.Jeeveanlal Ltd
RETERNCHMENT &
Case - K.O.Anthony v/s
CLOSURE
P.V.kumaran Sec. 25F(b)
(case: Raj Hans Press v/s
Penalties - for illegal closure
Labour Court Delhi)
(s.25r)