Test: Industrial Dispute Act,1947 and Amendment Act,1982 - 1 - CLAT PG MCQ

Conciliation Officers are appointed by the Government to function as mediators in industrial disputes. Their primary responsibility is to investigate disputes and encourage the parties involved to reach an amicable settlement, thus avoiding prolonged conflict and ensuring industrial harmony.

The Appropriate Government plays a critical role by referring disputes to the tribunal based on jurisdiction. This ensures that industrial disputes are handled by the correct governmental authority, whether it's the Central or State Government, depending on the nature of the industry involved.

A personal grievance between a worker and a supervisor does not qualify as an industrial dispute. Industrial disputes require a collective aspect, typically involving employment terms or conditions affecting multiple workers, rather than isolated personal issues.

The Supreme Court concluded that educational institutions, including universities, can be classified as industries based on specific criteria established in the legal framework. This classification allows employees who meet the definition of workmen in the Industrial Disputes Act to receive the same protections as those in traditional industries.

Supervisors who earn more than Rs. 1,600 per month are excluded from the definition of "Workman." This distinction is important as it differentiates between supervisory roles and those primarily engaged in manual or clerical work, emphasizing the focus on protecting lower-wage workers.

The Works Committee is established to foster good relations between employers and employees. It addresses common interests and resolves differences, thereby promoting a collaborative work environment. This body is particularly important in workplaces with 100 or more workers, ensuring that both sides are represented in discussions.

The definition of "Industry" encompasses promotional activities related to sales or business by an establishment, highlighting the organized effort to meet human needs. In contrast, agricultural operations and educational institutions are explicitly excluded from this definition.

The Industrial Disputes Act, 1947, establishes various authorities to handle industrial disputes, including Labour Tribunals, Conciliation Officers, and Boards of Conciliation. However, there is no specific entity known as the Arbitration Council within this framework.

For a dispute to be referred for arbitration under Section 10A, both parties must mutually agree to arbitration and document this agreement in writing. This ensures that the arbitration process is consensual and that both sides are committed to resolving the dispute through this method.

The Industrial Disputes Act, 1947, prohibits strikes during conciliation proceedings. This rule was initially established during World War II and aims to ensure that disputes are resolved peacefully without escalating into strikes or lock-outs.

"Community of interest" refers to a collective concern shared among workers regarding their employment conditions. It implies that even if an individual dispute arises, it can become an industrial dispute if a significant number of workers collectively claim it, highlighting the importance of solidarity among workers.

A police officer is excluded from the definition of "Workman." The Act specifies that individuals employed in positions such as police or prison officers do not qualify, focusing on roles primarily engaged in manual, skilled, or clerical work.

The Industrial Disputes Act, 1947, was enacted to provide machinery for the peaceful resolution of disputes between employers and employees. Its primary aim is to promote harmonious relations and prevent industrial conflicts through established mechanisms for dispute resolution, rather than simply increasing strikes or lock-outs.

The concept of voluntary arbitration in India has deep roots in the Panchayat system, which historically allowed for community-led dispute resolution. This approach was later adapted in the industrial context, gaining prominence during the early 20th century, particularly influenced by leaders like Mahatma Gandhi.

The Trade Disputes Act, 1929, was the law that preceded the Industrial Disputes Act, 1947. It was designed to provide a conciliation mechanism for settling industrial disputes, particularly focusing on public utility services and general strikes.

Under Section 2-A, if an employer dismisses, retrenches, or terminates an individual workman, any dispute arising from this action is automatically treated as an industrial dispute. This provision is designed to protect individual workers and ensure their grievances are recognized within the broader context of labor rights.

The Supreme Court defines "industry" in a non-technical sense as a situation where capital and labor cooperate to produce wealth, which can include services as well as goods. This broad definition applies to various contexts, emphasizing cooperation rather than mere profit generation.

The central issue in the D.N. Banerjee v. P.R. Mukherjee case was whether a municipal corporation could be classified as an industry. The Supreme Court ultimately held that it could be classified as such, indicating that public utility services performed by local bodies fall within the definition of an industry.

A significant barrier to the widespread acceptance of voluntary arbitration is the high costs associated with the process and the challenges involved in selecting mutually acceptable arbitrators. These issues can lead to reluctance from both employers and unions to engage in arbitration, despite its potential benefits as a dispute resolution mechanism.

The "administrative nature" of the government's power indicates that the decision to refer a dispute for adjudication is based on the subjective satisfaction of the government. This means the government can form its own opinion about the existence of a dispute without strict legal parameters, leading to potential challenges in ensuring consistent application of the law.

Initially, the work of a solicitor's firm was not considered an industry due to its reliance on individual professional skills. However, subsequent rulings, particularly in the context of the Bangalore Water Supply case, recognized that if a solicitor's firm employs staff to assist in providing client services, it can be classified as an industry, thus evolving the understanding of what constitutes an industry in this context.

The controversy arises because the Appropriate Government has discretionary power in referring disputes for adjudication, which can lead to concerns about misuse for political reasons. This power could potentially favor one side over another, especially in politically sensitive situations, raising questions about fairness in the dispute resolution process.

An "Industrial Dispute" is defined as a disagreement concerning employment, non-employment, terms of employment, or labor conditions between employers and workmen. This classification is crucial for addressing workplace conflicts and ensuring fair labor practices.

The definition of "terms of employment" includes both explicit and implied terms understood by the parties involved. This broad understanding is vital for resolving disputes, as it acknowledges practices and agreements that may not be formally documented but are nonetheless recognized in the employer-employee relationship.

A Board of Conciliation is composed of a Chairman and two or four additional members as deemed fit by the Government. This structure allows for a balanced approach to dispute resolution, combining perspectives from different stakeholders in the industrial environment.