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What is the Industrial dispute act of 1947?

The Industrial Disputes Act, 1947

Objective: To provide for the investigation and settlement of industrial disputes

Important Features

- Constitutes the appropriate Government as:

- Central Government in respect of Industrial Disputes concerning employees of:

- Railways

- Any industry carried on by or under the authority of the Central Government or any Railway company; or

- Major ports

- State Government in respect of all other industrial disputes not falling within the jurisdiction of the Central Government.

- Defines “Industrial Dispute” which means any dispute or difference between employers and employees, or between employers and workmen which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person

- Lays down the machinery for settlement of industrial disputes as under -

- Works Committee – to be constituted in every industrial establishment in which 100 or more workmen are employed.

- Conciliation Officer – to bring about a settlement by the way of negotiation, conciliation or mediation.

- Court of Inquiry – to inquire into any matter appearing to be connected with or relevant to an industrial dispute

- Board of Arbitration - to decide disputes

- Labour Courts – to decide disputes relating to proper discharge of duties, disciplinary matters, dismissal, retrenchment, termination of service and illegality or otherwise of a strike or lock-out.

- Industrial Tribunal - to decide any other industrial disputes

- Provides for the following reliefs to workmen –

- Reinstatement in case of wrongful termination

- Compensation of wrongful termination

- Reimbursement of money deducted

- Lays down the procedures of strikes, lock-out, penalties and unfair labor practices.

- Prescribe penalties:

- Section 23 – Imprisonment up to 6 months, or fine up to 1000 rupees for false statements on affidavit.

- Section 29 – Imprisonment up to 3 months or fine up to Rs.500 or both for failure to attend proceeding.

- Section 30 – Imprisonment up to 6 months, or fine up to 1000 rupees or both for failure to furnish information for proceedings

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