The Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 is an Indian law that governs the resolution of disputes between employers and employees in the industrial sector.

Industrial DisputesEmployment LawLabour RightsDispute ResolutionIndustrial Tribunals

Summary

The Industrial Disputes Act, 1947 is a comprehensive legislation that regulates the resolution of disputes between employers and employees in the industrial sector in India. The Act provides a legal framework for preventing and settling disputes that arise in the course of employment, such as disputes related to wages, working conditions, and disciplinary actions. The Act also regulates the process of retrenchment and layoff of employees and provides for the establishment of industrial tribunals and labour courts for the resolution of disputes. The Act has been amended several times to keep up with the changing needs of the industrial sector and to incorporate new provisions for the welfare of workers.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Definitions

Section 2A : Dismissal, etc, of an individual workman to be deemed to be an industrial dispute

CHAPER II
AUTHORITIES UNDER THIS ACT

Section 3 : Works Committee

Section 4 : Conciliation officers

Section 5 : Board of Conciliation

Section 6 : Courts of Inquiry

Section 7 : Labour Courts

Section 7A : Tribunals

Section 7B : National Tribunals

Section 7C : Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals

Section 7D : Qualifications, terms and conditions of service of Presiding Officer

Section 8 : Filling of vacancies

Section 9 : Finality of orders constituting Boards, etc

CHAPTER IIA
NOTICE OF CHANGE

Section 9A : Notice of change

Section 9B : Power of Government to exempt

CHAPTER IIB
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES

Section 9C : Setting up of Grievance Settlement Authorities and reference of certain individual disputes to such authorities

CHAPTER III
REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS

Section 10 : Reference of disputes to Boards, Courts or Tribunals

Section 10A : Voluntary reference of disputes to arbitration

CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

Section 11 : Procedure and powers of conciliation officers, Boards, Courts and Tribunals

Section 11A : Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen

Section 12 : Duties of conciliation officers

Section 13 : Duties of Board

Section 14 : Duties of Courts

Section 15 : Duties of Labour Courts, Tribunals and National Tribunals

Section 16 : Form of report or award

Section 17 : Publication of reports and awards

Section 17A : Commencement of the award

Section 17B : Payment offull wages to workman pending proceedings in higher courts

Section 18 : Persons on whom settlements and awards are binding

Section 19 : Period of operation of settlements and awards

Section 20 : Commencement and conclusion of proceedings

Section 21 : Certain matters to be kept confidential

CHAPTER V
STRIKES AND LOCK
OUTS

Section 22 : Prohibition of strikes and lock-outs

Section 23 : General prohibition of strikes and lock-outs

Section 24 : Illegal strikes and lock-outs

Section 25 : Prohibition of financial aid to illegal strikes and lock-outs

CHAPTER VA
LAY
OFF AND RETRENCHMENT

Section 25A : Application of sections 25C to 25E

Section 25B : Definition of continuous service

Section 25C : Right of workmen laid-off for compensation

Section 25D : Duty of an employer to maintain muster rolls of workmen

Section 25E : Workmen not entitled to compensation in certain cases

Section 25F : Conditions precedent to retrenchment of workmen

Section 25FF : Compensation to workmen in case of transfer of undertakings

Section 25FFA : Sixty days' notice to be given of intention to close down any undertaking

Section 25FFF : Compensation to workmen in case of closing down of undertakings

Section 25G : Procedure for retrenchment

Section 25H : Re-employment of retrenched workmen

Section 25-I : Repealed

Section 25J : Effect of laws inconsistent with this Chapter

CHAPTER VB
SPECIAL PROVISIONS RELATING TO LAY
OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

Section 25K : Application of Chapter VB

Section 25L : Definitions

Section 25M : Prohibition of lay-off

Section 25N : Conditions precedent to retrenchment of workmen

Section 25-O : Procedure for closing down an undertaking

Section 25P : Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976

Section 25Q : Penalty for lay-off and retrenchment without previous permission

Section 25R : Penalty for closure

Section 25S : Certain provisions of Chapter VA to apply to an industrial establishment to which this Chapter applies

CHAPTER VC
UNFAIR LABOUR PRACTICES

Section 25T : Prohibition of unfair labour practice

Section 25U : Penalty for committing unfair labour practices

CHAPTER VI
PENALTIES

Section 26 : Penalty for illegal strikes and lock-outs

Section 27 : Penalty for instigation, etc

Section 28 : Penalty for giving financial aid to illegal strikes and lock-outs

Section 29 : Penalty for breach of settlement or award

Section 30 : Penalty for disclosing confidential information

Section 30A : Penalty for closure without notice

Section 31 : Penalty for other offences

CHAPTER VII
MISCELLANEOUS

Section 32 : Offence by companies, etc

Section 33 : Conditions of service, etc, to remain unchanged under certain circumstances during pendency of proceedings

Section 33A : Special provision for adjudication as to whether conditions of service, etc, changed during pendency of proceedings

Section 33B : Power to transfer certain proceedings

Section 33C : Recovery of money due from an employer

Section 34 : Cognizance of offences

Section 35 : Protection of persons

Section 36 : Representation of parties

Section 36A : Power to remove difficulties

Section 36B : Power to exempt

Section 37 : Protection of action taken under the Act

Section 38 : Power to make rules

Section 39 : Delegation of powers

Section 40 : Power to amend Schedules

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