...The Industrial Disputes Act, 1947 Preliminary: The Industrial Disputes Act, 1947 extends to whole of India. It came into operation on the first day of April, 1947. This Act replaced the Trade Disputes Act of 1929. The Trade Disputes Act imposed certain restraints on the right of strike and lockout in Public Utility Services. But no provision was existing for the settlement of Industrial Disputes, either by reference to a Board of Conciliation or to a Court of Inquiry. In order to remove this deficiency, the Industrial Disputes Act, 1947 was passed. Scope and Objects (Sec. 1) , The objects of the industrial relation's legislation in general are to maintain industrial peace and, to achieve economic justice. . . The prosperity of any industry very much depends upon its growing production. Production is possible when the industry functions smoothly without any disturbances. This means industrial peace through harmonious relationship between labour and management. Therefore every industrial relations legislatiqn necessarily aims at providing conditions congeniel to the industrial peace. Economic justice is another objective of industrial legislation. Almost all industrial interuptions in production are due to industrial disputes. Dissatisfaction with the existing economic conditions is the root cause of industrial disputes. The labour demands for fair return is expressed in varied forms; e.g. increase in wages, resistance to decrease in wages and grant of...
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...Industrial disputes and it’s resolution on the garments industry of Bangladesh Borna Akter Department of Management Govt. BM College Barisal, Bangladesh BBA(Honours),2nd year Roll No. Md. Mizan Rahaman Assistant Professor Department of Management Govt. BM College Barisal, Bangladesh. Date of preparation: ABSTRACT Industrial dispute has been touted as a major constraint in the economy of Bangladesh. While poor management and inadequate institutional factors were widely blamed for the high propensity of industrial dispute, formation of workers’ behavioural intention of industrial dispute has hardly been studied in the context of Bangladesh. Based on three cases from Bangladesh Export Processing Zone (BEPZ), we apply theory of planned behaviour to identify what are the factors that influence the...
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...The Industrial Court is a non-departmental tribunal from the public body with legal powers. It was initially established in 1919 to provide settlement for industrial disputes and it still provide voluntary arbitration role. It also has a constitutional power about taking decisions between trade unions and employers or the management. The Industrial court is also known as the labour court. According to the Industrial Court Act in Mauritius the Industrial court is established by section 3 of the Industrial Court Act. The Industrial Court is composed of two Magistrates who are appointed by the Judicial and Legal Service Commission. The industrial law has some other powers that is any worker facing any difficulties at work can apply to the magistrate...
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...Educational and Technological Stuff Visit... www.thecodexpert.com Lesson: 36 Title: One step further: Industrial disputes Topics to be covered: • • • • • • • Definition Parties to Industrial disputes Severity or Effects Weapons used by labour Weapons used by management Causes Living without disputes: Measures to improve Industrial Relations Today we are going to discuss the concept of Industrial Dispute. We will also be studying the severity of disputes, What is a dispute for you? It is a conflict, clash of ideas, a disagreement etc. New let us understand a dispute from an industrial point of view. The definition of Industrial disputes is as follows: According to Section 2(k) of the Industrial Disputes Act, 1947 "industrial dispute" is defined as, "Any disputes or differences between employers and employers, or between employers and workmen, or between workmen 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." Does this sound very confusing? Let me simplify this for you. Let us understand that the definition identifies three parties to disputes. They are: (i) Employers and Employers (ii) Employers and Workmen (iii) Workmen and Workmen For useful Documents like this and Lots of more Educational and Technological Stuff Visit... www.thecodexpert.com Industrial dispute is disagreement and difference between two disputants, namely, labour and management. This disagreement or...
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...INDUSTRIAL DISPUTES ACT AMENDED AFTER 26 YEARS _______________________________________________________________________ MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi , the 15th September, 2010 S.O. 2278(E).- In exercise of the powers conferred by sub-section (2) of Section 1 of the Industrial Disputes (Amendment) Act, 2010 (24 of 2010), the Central Government hereby appoints the 15 th Day of September, 2010, as the date on which the said Act shall come into force. [F.No.S-11012/1/2007-IR(PL)] RAVI MATHUR, Addl. Secy. THE INDUSTRIAL DIPSUTES (AMENDMENT) ACT, 2010 No.24 OF 2010 [18 th August, 2010] An Act further to amend the Industrial Disputes Act, 1947. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:- 1. (1) This Act may be called the Industrial Disputes (Amendment) Act, 2010. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In the Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), in section 2, -. (i) in clause (a),- (a) in sub-clause (i), for the words “major port, the Central Government, and�, the words “major port, any company in which not less than fifty-one per cent of the paid-up share capital is held by the Central Government , or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector...
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...Research Paper Trade union negotiating officials’ use and non-use of e no use on-u Acas conciliation in industrial disputes s Ref: 07/10 2010 Clare Ruhemann (Labour Research Department) For any further information on this study, or other aspects of the Acas Research and Evaluation programme, please telephone 020 7210 3673 or email research@acas.org.uk Acas research publications can be found at www.acas.org.uk/researchpapers ISBN 978-0-9565931-4-6 Trade union negotiating officials’ use and non-use of Acas conciliation in industrial disputes October 2010 Labour Research Department Disclaimer The views in this report are the author’s own and do not necessarily reflect those of the Acas Council. Any errors or inaccuracies are the responsibility of the author alone. 2 Table of contents ACKNOWLEDGEMENTS.................................................................................. 4 EXECUTIVE SUMMARY .................................................................................. 5 1. INTRODUCTION....................................................................................... 7 1.1 Background..................................................................................7 1.2 Method........................................................................................7 Building a sample-frame of officials...........................................7 1.2.1 1.2.2 Development of hypotheses .......................................................
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... Diksha Juneja (141419) Smita Pillai (143107) Siddharth Chatterjee (153105) Batch: MBA-FT (2014-2016) Institute of Management, Nirma University Date of Submission: December 21, 2015 Introduction: This project is a review of various amendments in labour laws that have been done to make the labour laws more relevant with the needs of labour and society. The first Law is 1) Industrial Disputes Act (1947): (I)In the amendment to the Industrial Disputes Act, wherein the definition of a workman now includes a supervisor drawing a salary upto Rs. 10,000 p.m. and any person performing supervisory functions but being paid below Rs. 10,000 p.m. would be treated as workmen. In Maharashtra, where such workmen get protection of the MRTU & PULP Act, it means that termination of the supervisors can also become an industrial dispute and they would be workmen for all practical purposes. This is an important change, though many supervisors are paid in excess of Rs. 10,000/- this change is worthy of notice. i) The definition of ‘Appropriate Government’. ii) Has been amplified. (ii)While the definition of workmen remains the same, section 2(s) (IV) has been amended to exclude a person who is employed in a Supervisory capacity draws wages exceeding...
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...Code of Civil Procedure Assignment II “Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.” -Siddhesh S Pradhan -241 -Division C -BBA LLB Year 4 INTRODUCTION Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter either at a preliminary stage or on merit. A division bench of the Supreme Court in Chandrabhai K. Bhoir v. Krishna A. Bhoir observed, “In any view of the matter, an order passed without jurisdiction would be a nullity. It will be a coram non judice. It is non est in the eye of law. Principles of res judicata would not apply to such cases.”[4] Thus, Jurisdiction of a Court means the extent of authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits.[5] JURISDICTION OF CIVIL COURTS UNDER SECTION 9 of the CPC Section 9 of the Code of Civil Procedure 1908 states that, “The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature...
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...Assessment 3: A case study of Qantas Airline: The grounded kangaroo EXECUTIVE SUMMARY Qantas is the world’s second oldest airline and it fall into a long-run labour dispute which once stopped the running of the company. The CEO of Qantas, Alan Joyce has taken several actions before and during the dispute. This essay will discuss the reason and the cause of such industrial relations problem. Then, to analysis and judge the industrial action of both Qantas and the labour unions with some of the management concept. In the last, possible solution and recommendation will discuss to show the benefit of management skills. Table of contents INTRODUCTION 1-2 PROBLEM IDENTIFICATION2-3 PROBLEM ANALYSIS AND JUSTIFICATION3-5 ALTERNATIVE SOLUTIONS5-6 CONCLUSION AND RECOMMENDATIONS6-7 INTRODUCTION Qantas is the world's second oldest airline. Founded in the Queensland outback in 1920, it is Australia’s largest domestic and international airline and is recognized as one of the heads of world long distance airline companies, having services from Australia to North America and Europe. Qantas today employs approximately 33,600 people and offers services across a network spanning 182 destinations in 44 countries around the world. On 29 October 2011, Qantas chief executive, Alan Joyce took a big gamble; He claimed to ground all the planes and cancelled all flights in order to get rid of a long-run labour dispute and the conflict with Unions. This bold or perhaps impetuous action...
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...THIRD INDIA-EU SEMINAR ON EMPLOYMENT RELATIONS AND RESOLUTION OF CONFLICTS (NEW DELHI – SEPTEMBER 22-23, 2008) India and European Union (EU) have entered into a Joint Action Plan to have a policy dialogue and cooperation in the fields of employment and social policy to share experience, periodic exchange of views and information on the following issues:(i) Labour and employment issues, including employment policies, restructuring, the global employment opportunities and requirements for trained manpower; (ii) Human resource management in particular through training and skills development; and (iii) Social Security. 2. In line with the Joint Action Plan, the Ministry of Labour & Employment, Government of India has signed an Memorandum of Understanding (MOU) with the European Commission to strengthen dialogue and exchange of views and information on issues of common interests within the area of employment and social policy such as: skills, training and employment, social security, occupational health and safety; workers’ participation in management; and other relevant issues jointly identified. The structured dialogue consists of exchanges of experience, best practice, views and information on topics of common interest, trends and policy developments related to the above areas. As a part of this structured dialogue, it has been agreed upon to organize a joint seminar on mutually identified issues every year. These seminars will bring together EU and India government...
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...COMMENCEMENT & MODIFICATION OF AWARDS Group 11 Rituparna Mallick H13097 Sanika Gokhale H13101 Saurav Kumar Das H13105 Sourabh Sanyal H13110 Sreedipto Bhattacharya H13111 WHAT IS AN ‘AWARD’? ‘Award’ means an interim or final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Tribunal. It also includes arbitration award made under section 10A. AWARD VS. SETTLEMENT Award 1. 2. It is a decision of the Arbitrator, Labour Court or Industrial Tribunal. The Arbitrator, Labour Court or Industrial Tribunal resolves the problem hearing the arguments from both sides. Settlement 1. 2. It is arrived conciliation. as a result of Both the parties come to a conclusion by mutual agreement, and sign on the Settlement Agreement The Conciliation Officer settles the disputes between the parties in an amicable manner 3. 3. No mutual consent between the parties. However, the Award consists binding force upon the parties SECTION 16. FORM OF REPORT OR AWARD Report of a Board or Court shall be in writing and shall be signed by all the members of the Board or Court Provided that nothing in this section shall be deemed to prevent any member of the Board or Court from recording i. i. any minute of dissent from a report OR from any recommendation made therein. The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its Presiding officer...
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...Bonus Act - INDIAN BONUS ACT – 1965 Bonus - History The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917. In certain cases of industrial disputes demand for payment of bonus was also included. In 1950, the Full Bench of the Labour Appellate evolved a formula for determination of bonus. Introduction An Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. It extends to the whole of India Every other establishment in which twenty or more persons are employed on any day during an accounting year. Bonus - Applicability (a) Every factory (as def. in Factories Act), & (b) Every other establishment in which 20 or more persons (less than 20 but 10 or more if appropriate Govt. notifies) are employed on any day subject to certain exemptions. (b) Bonus to be paid within eight months from the expiry of the accounting year. Establishments to include departments, undertakings and branches Where an establishment consists of different departments or undertakings or has branches, whether situated in the same place or in different places, all such departments or undertakings or branches shall be treated as parts of the same establishment for the purpose of computation of bonus Bonus – Eligibility Every employee shall...
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...Situation Analysis of Trade Unions and Industrial Relations in Bangladesh: A Country Profile • Balasundaram Nimalathasan (Department of Accounting, University of Jaffna, Jaffna, Sri Lanka) • Abu Taher (Department of Management Studies, University of Chittagong, Chittagong, Bangladesh) Abstract Industrial Relations (IR) is an inter-disciplinary field that encompasses the study of all aspects of people at work. IR is a fascinating subject for the study understanding discussion and practice, as it covers the whole range of human relations within industry. IR is a combination of various social sciences, the cumulative effect of which is to grease the wheels of industry and society. Sound IR can only be based on human relations and good human relations dictate that human beings should be treated humanely, which includes respect for human dignity, fair sealing and concern for the human beings physical and social needs. The research is based on desk study. Moreover, the recommendation would be helpful to the practitioners, researchers, planners, policy makers and academicians, who are involved in the concerned area. Keywords: Situational Analysis; Trade Unions and Industrial Relations 1. Introduction Trade unionism is the core of industrial relations. Primarily it is also referred to as phenomenon of the capitalist society, where in trade unions seek to remove the power imbalance between the buyer (i.e., employer) and individual seller (i.e....
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...CASE STUDY MODULE 11 INDUSTRIAL LAW Summary Of The Case Study Lanka Fashions Leather Products Company has been running a profitable business for the past several years. At the beginning there was no trade union for the company but about six months ago the workers of the company has formed a branch union of a registered trade union sponsored by a political party with radical views. after the formation of the union they requested several opportunities to meet the management to discuss about factors affecting the member attached to the company. however the management has turned a blind eye to the request made by the union to give an opportunity to discuss the matters. The union informed the management in writing that in the event management failing to grant an opportunity to discuss the matters effecting within 14 days the union will be compelled to resort to strike action. As there was no response from the management they extended there mandatory period for a further period of two weeks. Management continued to be indifferent towards the union's request, and the union ultimately launched a strike. the union had a membership of nearly 75% of the total workforce of the company and almost 70% of the membership joined the strike. Even after the commencement of the strike the management refrained from having an dialogue with the union. Two weeks after the commencement of the strike the management wrote to all the strikers individually by registered post...
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...1 Introductions The concept of industrial relations has a wide meaning. The expression industrial relations by itself means relationship that emerges out of day-to-day working and association of labour and management. But when taken in its wider sense, it includes ‘the relation between an employee and an employer in the course of running of an industry’. Actors in the IR system Three main parties are directly involved in industrial relations: Employers: Employers possess certain rights vis-à-vis labors. They have the right to hire and fire them. Management can also affect workers’ interests by exercising their right to relocate, close or merge the factory or to introduce technological changes. Employees: Workers seek to improve the terms and conditions of their employment. They exchange views with management and voice their grievances. They also want to share decision making powers of management. Workers generally unite to form unions against the management and get support from these unions. Government: The Government influences and regulates industrial relations through laws, rules, agreements, it also includes third parties and labor and tribunal courts. 1.2 Definition The Oxford Dictionary defines industrial relations (IR) as the "interaction between employers, employees, and the government; and the institutions and associations through which such interactions are mediated." Sometimes treated as the equivalent of labor relations, industrial relations considers the impact of...
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