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What is meant by Industry & Industrial dispute? What are the authorities under the Act and the duties entrusted to them?

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MS 28 Assignment Solution | Labour Laws | What is meant by Industry & Industrial Dispute.

An industry is a group of companies that are related based on their primary business activities.  In modern economies, there are dozens of industry classifications. Industry classifications are typically grouped into larger categories called sectors Individual companies are generally classified into an industry based on their largest sources of revenue.

For example, while an automobile manufacturer might have a financing division that contributes 10% to the firm’s overall revenues, the company would be classified in the automaker industry by most classification systems The Industrial Disputes Act is a restrictive as well as beneficial and protective legislation it is restrictive as it abridges the rights of the employer to

(a) lock-out, retrenches, dismisses or discharge his workers.

(b) change employment and service conditions without giving any notice:

(c) transfer and close his undertaking except as regulated by the Act.

The Act also restricts the right of workers to strike by making the same illegal under certain circumstances. But all these restrictions are benevolent as they are intended to promote industrial harmony and peace. Essential Services Maintenance Act, 1960 was passed to maintain the essential services during Industrial actions like strikes,s, etc.

The right to strike has not been expressly conferred on the citizen, as also it is a negative right that can be exercised with due regard to the rights of others. Therefore such an act is legal for maintaining essential services The important beneficial provisions of the Industrial Disputes Act are those relating to the payment of lay-off and retrenchment compensation. These are often described as social security measures since they provide some protection to workmen against the risk of involuntary unemployment.

A new Bill is reported to have been drafted to amend this Act further, and this may be introduced in the Parliament to meet some of the needs of the New Economic Policy of the government. Some of the important amendments which are proposed to be made are:

i) Renaming the Industrial Disputes Act as Industrial Relations Act. )

ii) Defining the term “Go-Slow” and re-defining the term “Public Utility Service 16)

iii) Covering individual disputes regarding changes in employment condition along with that of termination of service, and their direct reference to Labour Court by the worker or their unions.

iv) Replacement of Industrial Tribunals and National Industrial Tribunal by Industrial Relations Commission and Special Industrial Relations Commission for adjudicating disputes and hearing appeals against the awards of Labour. Court.

v) Direct reference of disputes regarding the legality of strikes by employers to the Labour Court and making the latter work under the overall supervision of the Industrial Relations Commission

vi) Raising the monthly wage pay limit from Rs. 1600 to Rs. 3000 for supervisors for being covered by the Act.

vii) Increasing the employment limit from 100 to 300 for an establishment for obtaining the prior approval for laying-off and retrenching its workmen, and for closing the establishment.

Prohibition of strike unless the call for it is approved by three fourth majority of union membership and unless the discussion between the employer and, the bargaining council had failed and the parties are not agreeable to voluntary arbitration under Sec. 10A of the Act.

viii) Setting up of Bargaining Councils and Bargaining Agents by the employers and how they are to function.

ix) Extending the period of award from one year to three years if nothing was mentioned in the award about it.

x) Allowing employers to declare lock-out without notice if there was a threat of violence and damage to their property, and

xi) Enhancing penalties for contravening the provisions of the Act.

Wrapped Up

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