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Question
critically examine the present statutory machinery available for settling industrial disputes.are they effective?

Answer
. Critically examine the present statutory machinery available for settling
Industrial disputes. Are they effective? Give your suggestions.
Provisions for investigation and settlement of industrial disputes and for certain other purposes.

IT  IS EFFECTIVE.BUT  IT NEEDS  REFINEMENT  WITH  THE  MODERN  DEVELOPMENT  OF  THE  ECONOMY.

Important Clarifications
Industry – has attained wider meaning than defined except for domestic employment, covers from barber shops to big steel companies.          Sec.2(I)
Works Committee–Joint Committee with equal number of employers and employees’ representatives for discussion of certain common problems.          Sec.3
Conciliation–is an attempt by a third party in helping to settle the disputes          Sec.4
Adjudication – Labour Court, Industrial Tribunal or National Tribunal to hear and decide the dispute.         Secs.7,7A & 7B
Power of Labour Court to give Appropriate Relief
Labour Court/Industrial Tribunal can
Modify the punishment of dismissal or discharge of workmen and give appropriate relief including reinstatement.  Sec.11A
Right of a Workman during Pendency of Proceedings in High Court
Employer to pay last drawn wages to reinstated workman when proceedings challenging the award of his reinstatement are pending in the higher Courts.          Sec.17B
Persons Bound by Settlement
•   When in the course of conciliation proceedings etc., all persons working or joining subsequently.
•   Otherwise than in course of settlement upon the parties to the settlement.          Sec.18
Period of Operation of Settlements and Awards
•   A settlement for a period  as agreed by the parties, or
•   Period of six months on signing of settlement.
•   An award for one year after its enforcement.       Sec.19
Notice of Change
21 days by an employer to workmen about changing the conditions of service as provided in Ivth Schedule.  Sec.9A
Prior Permission for Lay off
When there are more than 100 workmen during proceeding 12 months.   Sec.25-M
Lay off Compensation
Payment of wages except for intervening weekly holiday compensation 50% of total or basic wages and DA for a period of lay off upto maximum 45 days in a year.          Sec.25-C

Prohibition of Strikes & Lock Outs
•   Without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking.
•   Within fourteen days of giving such notice.
•   Before the expiry of the date of strike specified in any such notice as aforesaid.
•   During the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.
•   During the pendency of conciliation proceedings before a Board and seven days after the conclusion of such proceedings.
•    During the pendency of proceedings before a Labour Court, Tribunal or National
•   Tribunal and two months, after the conclusion of such proceedings.
•   During the pendency of arbitration proceedings before an arbitrator and two months after the conclusion of such proceedings, where a notification has been issued under Sub-Section(3A) of section 10A
•   During any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award.          Secs.22&23

Prior Permission by the Government for Retrenchment
•   When there are more than 100 (in UP 300 or more) workmen during preceding 12 months.
•   Three months’ notice or wages thereto.
•   Form QA
•   Compensation @ 15 days’ wages.          Sec. 25-N
Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings
•   Not to alter to the prejudice of workmen concerned the condition of service.
•   To seek Express permission of the concerned authority by paying one month’s wages on dismissal, discharge or punish a protected workman connected with the dispute.
•   To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33
Prohibition of unfair labour practice either by employer or workman or a trade union as stipulated in fifth schedule
Both the employer and the Union can be punished. Sec.25-T
Retrenchment of Workmen Compensation & Conditions
•   Workman must have worked for 240 days.
•   Retrenchment compensation @ 15 days’ wages for every completed year to be calculated at last drawn wages
•   One month’s notice or wages in lieu thereof.
•   Reasons for retrenchment
•   Complying with principle of ‘last come first go’.
•   Sending Form P to Labour Authorities.
Closure of an Undertaking
60 days’ notice to the labour authorities for intended closure in Form QA.  Sec.25FFA
Prior permission atleast 90 days before in Form O by the Government when there are 100 ore more workmen during preceding 12 months (in UP 300 or more workmen) Sec.25-O
Conditions of service etc. to remain unchanged under certain circumstances during pendency of proceedings
•   Not to alter to the prejudice of workmen concerned the condition of service.
•   To seek Express permission of the concerned authority by paying one month’s wages on dismissal, discharge or punish a protected workman connected with the dispute.
•   To seek approval of the authority by paying one month’s wages before altering condition of service, dismissing or discharging or punishing a workman. Sec.33

PENALTIES          Offence
Committing unfair labour practices
Illegal strike and lock-ourts
Instigation etc. for illegal  strike or lock-outs.
Giving financial aid to  illegal strikes and  lock-outs.   
Breach of  settlement or award
Disclosing  confidential information  pertaining to Sec.21
Closure without 60 days’ notice under Sec.25 FFA
Contravention of Sec.33 pertaining  to change of  conditions of
Service during pendency of dispute etc.  
When no penally is provided for contravention
Sec.25-U
26
27
28
29
30
31A


31

<Punishment
Imprisonment of upto 6 months or with fine upto Rs.3,000.
Imprisonment upto one month or with fine upto Rs.50(Rs.1000 for lock-out) or with both.
Imprisonment upto 6  months or with fine upto Rs.1,000
Imprisonment for 6 months or with fine upto Rs.1,000
Imprisonment upto 6 months or with fine.On continuity of offence fine uptoRs.200 per day
Imprisonment upto 6 months or with fine upto Rs.1,000
Imprisonment upto 6 months or with fine upto Rs.5,000
Imprisonment upto 6 months or fine upto Rs.1,000.     Fine upto Rs.100

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