Скачать или смотреть Unit 2 Industrial Disputes Act, 1947 | Definitions (Sec 2j, 2k) & (Conciliation, Courts, Tribunals)

This video offers a complete, structured, exam-ready answer covering the key aspects of the Industrial Disputes Act, 1947. We dive deep into the essential definitions and the machinery established for the prevention and settlement of industrial disputes.
Key Definitions and Case Law:
• Definition of “Industry” (Section 2(j)): Covers any business, trade, undertaking, manufacture, or calling of employers, and includes service or employment of workmen. We explain the Triple Test laid down in the landmark case of Bangalore Water Supply & Sewerage Board v. A. Rajappa (systematic activity, cooperation, and production/distribution of goods and services).
• Definition of “Industrial Dispute” (Section 2(k)): Any dispute or difference connected with the employment, non-employment, terms of employment, or conditions of labour, between relevant parties (employers and/or workmen).
Dispute Settlement Machinery & Mechanisms: We detail the various authorities and provisions established under the Act:
• Works Committee (Section 3): Required in establishments with 100 or more workers to promote good relations and resolve day-to-day issues.
• Conciliation Officer (Section 4): Appointed by the appropriate Government to mediate, investigate causes, and induce settlement, possessing powers of a civil court.
• Board of Conciliation (Section 5): A collective body functioning to bring about a settlement by mediating and promoting goodwill.
• Court of Inquiry (Section 6): A fact-finding body constituted to inquire into matters likely to lead to a dispute; its report is advisory and must be submitted within 6 months.
• Labour Courts (Section 7): Adjudicates matters listed in the Second Schedule (e.g., discharge, wages).
• Industrial Tribunals (Section 7A): Handles matters in the Third Schedule, possessing wider jurisdiction (e.g., retrenchment, working hours). National Tribunals (Sec 7B) handle disputes of national importance.
• Notice of Change (Section 9A): Requires employers to give 21 days’ notice before changing conditions of service listed in the Fourth Schedule.
• Voluntary Arbitration (Section 10A): Allows employers and workmen to voluntarily refer disputes to an arbitrator, whose award is binding.
The comprehensive machinery ensures industrial peace, social justice, and harmony between labour and management