FREQUENTLY ASKED QUESTIONS(FAQs)
1.
What are
Industrial Disputes?
2.
What are the
different categories of Industrial Disputes?
3.
Who can
raise an Industrial Dispute?
4.
How to raise
an Industrial Dispute?
5.
Who are
Conciliation Officers and what do they do?
6.
What happens
if conciliation fails?
7.
What happens
when the dispute is referred to the Labour Court /
Industrial Tribunal?
8.
How is the
Award implemented?
9.
What are the
provisions for General Prohibition of Strikes and Lockouts?
10.
Does the
workman have the Right to go on Strike with proper notice in Public Utility
Services?
11.
Does the
Employer have the right to lock out any Public Utility Service?
12.
What
compensation will a workman get when laid off?
13.
What are the Conditions precedent to retrenchment of workmen?
14.
What
compensation will the workman get when an undertaking closes down?
.
FAQs
1.
What are Industrial Disputes?
Industrial Dispute means
any dispute 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.
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2.
What are the different categories of Industrial
Disputes?
The Second Schedule of the
I.D. Act deals with matters within the jurisdiction of Labour
Courts which fall under the category of Rights Disputes. Such disputes are as follows:
1.
The propriety or legality of an order passed by an employer
under the standing orders;
2.
The application and interpretation of standing orders which
regulate conditions of employment.
3.
Discharge or dismissal of workmen including reinstatement
of, or grant of relief to, workmen wrongfully dismissed;
4.
Withdrawal of any customary concession or privilege;
5.
Illegality or otherwise of a strike or lock-out; and
6.
All matters other than those specified in the Third Schedule.
The Third Schedule of the
I.D. Act deals with matters within the jurisdiction of Industrial Tribunals
which could be classified as Interest Disputes. These are as follows:-
1.
Wages, including the period and mode of payment;
2.
Compensatory and other allowances;
3.
Hours of work and rest intervals;
4.
Leave with wages and holidays;
5.
Bonus, profit sharing, provident fund and gratuity;
6.
Shift working otherwise than in accordance with standing
orders;
7.
Classification by grades;
8.
Rules of discipline;
9.
Rationalization;
10.
Retrenchment of workmen and closure of establishment; and
11.
Any other matter that may be prescribed.
3. Who
can raise an Industrial Dispute?
Any person who is a workman
employed in an industry can raise an industrial dispute. A workman includes any person (including an
apprentice) employed in an industry to do manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or reward. It excludes those employed in the Army, Navy,
Air Force and in the police service, in managerial or
administrative capacity. Industry means
any business, trade, undertaking, manufacture or calling of employers and
includes any calling, service, employment, handicraft, or industrial occupation
or avocation of workmen.
4. How
to raise an Industrial Dispute?
A workman can raise a
dispute directly before a Conciliation Officer in the case of discharge,
dismissal, retrenchment or any form of termination of service. In all other cases listed at 2 above, the
dispute has to be raised by a
5. Who
are Conciliation Officers and what do they do?
The Organization of the
Chief Labour Commissioner(Central)
acts as the primary conciliatory agency in the Central Government for industrial
disputes. There are the Regional Labour Commissioners (Central) and Assistant Labour Commissioners (Central) who on behalf of the Chief Labour Commissioner (Central) act as Conciliatory Officers
in different parts of the country.
The Conciliation Officer make efforts to
resolve the dispute through settlement between the workmen and the
management. The duties of Conciliation
Officers have been laid down under Section 12 of the Industrial Disputes Act.
6. What
happens if conciliation fails?
In case of failure of
conciliation (FOC) a report is sent to Government (IR Desks in Ministry of Labour). The Ministry of Labour after considering the FOC Report exercises the
powers available to it under Section 10 of the Industrial Disputes Act and
either refers the dispute for adjudication or refuses to do so. Details of functions of IR Desks and reasons
for declining may be seen above.
There are at present 17
Central Government Industrial Tribunals-cum-Labour
Courts in different parts of the country to whom industrial disputes could be
referred for adjudication. These CGTIs-cum-Labour Courts are at
7. What happens when the dispute
is referred to
After the matter is
referred to any of the
The Ministry of Labour under Section 17 of the I.D. Act publishes the Award
in the Official Gazette within a period of 30 days from the date of receipt of
the Award.
8. How
is the Award implemented?
An Award becomes
enforceable on the expiry of 30 days from the date of its publication in the
Official Gazette. The Regional Labour Commissioner is the implementing authority of the
Awards.
9. What are the provisions for
General Prohibition of Strikes and Lockouts?
No workman who is employed
in any industrial establishment shall go on strike in breach of contract and no
employer of any such workman shall declare a lockout:
(a) During the pendency of conciliation proceedings before a Board and
seven days after the conclusion of such proceedings,
(b) During the pendency of such proceedings before a Labour Court, Tribunal or National Tribunal and 2 months after the conclusion of such proceedings.
(c)
During the pendency of arbitration
proceedings before an Arbitrator and 2 months after the conclusion of such
proceedings, where a notification has been issued.
(d)
During any period during in which a settlement or Award is
in operation in respect of any of the matters covered by the settlement of
Award.
10. Does the workman have the Right to go on
strike with proper notice in Public Utility Services?
No person employed in a
Public Utility Service can go on strike without giving to the employer notice
of strike;
(a)
Within 6 weeks before striking.
(b)
Within 14 days of giving such notice.
(c)
Before the expiry of the date of strike specified in such
notice.
(d)
During the pendency of any
conciliation proceedings before a Conciliation Officer and 7 days after the
conclusion of such proceedings.
11.
Does the Employer have the right to lock out any
Public Utility Service?
No employer carrying on any
Public Utility service can lockout any of his workman :
(i)
Without giving to them notice of lockout provided within 6
weeks before locking out.
(ii) Within 14 days of giving such notice.
(iii) Before expiry of the date of lockout
specified in any such notice.
(iv) During the pendency of any conciliation proceedings
before a Conciliation Officer and 7 days after the conclusion of such
proceedings.
12.
What compensation will a workman get when laid off?
Whenever a workman (other
than a badli workman or a casual workman) whose name
is borne on the muster rolls of an industrial establishment employing 50 or
more workmen on an average working day and who has completed not less than one
year of continuous service under an employer laid off, whether continuously or
intermittently, he is to be paid by the employer for all days during which he
is so laid off, except for such weekly holidays as may intervene, compensation
which shall be equal to fifty per cent of the total of the basic wages and
dearness allowance that would have been payable to him had he not been so
laid-off.
13.
What are the conditions precedent to retrenchment of workmen?
No workmen employed in any
industry who has been in continuous service for not less than one year under an
employer can be retrenched by that employer until :
(a)
the workman
has to be given one month’s notice in writing indicating the reasons for
retrenchment or the workman has to be paid in lieu of such notice, wages for
the period of the notice.
(b)
The workman has to be paid, at the time of retrenchment,
compensation which is equivalent to fifteen days’ average pay (for every
completed year of continuous service) or
any part thereof in excess of six months; and
(c)
Notice in the prescribed manner is to be served on the
appropriate Government (or such authority as may be specified by the
appropriate Government by notification in the Official Gazette).
14. What compensation will the
workman get when an undertaking closes down?
Where an undertaking is
closed down for any reason whatsoever, every workman who has been in continuous
service for not less than one year in that undertaking immediately before such
closure is entitled to notice and compensation in accordance with the
provisions as if the workman had been retrenched.
Provided that where the
undertaking is closed down on account of unavoidable circumstances beyond the
control of the employer, the compensation to be paid to the workman is not to
exceed his average pay for three months.