Introduction of Industrial Disputes Act 1947
The Industrial Disputes Act 1947 which extends to the whole of India came into operation on 1st April 1947, It was enacted with the purpose of providing permanent machinery for the settlement of industrial dispute which had become common features due to the industrial unrest in the wake of post-war problems arising out of constant strife between the employers and employees.
Objectives of Industrial Disputes Act 1947
- To promote measures for securing and preserving amity and good relations between employers and the employees.
- To provide suitable machinery for investigation and settlement of industrial disputes between employers and employees, between employers and workmen, or between workmen and workmen with a right of representation of trade union or by an association of employees.
- To prevent illegal strikes and lock-outs.
- To provide relief to workmen in matters of lay-off, retrenchment, wrongful dismissals and victimization.
- To give the workmen the right of collective bargaining and promote conciliation.
- To ameliorate the conditions of workmen in industry.
Main features of the Industrial Disputes Act
- The Industrial Disputes Act was passed in 1947 and it came into force from 1st April 1947.
- The Industrial Disputes Act, 1947 is applicable to the industries and certain categories of industrial workers
- The Industrial Disputes Act lays down a comprehensive machinery for the prevention and settlement of industrial disputes
- The Industrial Disputes Act embodies both substantive and procedural law aimed at promoting industrial peace and preventing industrial disputes.
- The main object of the Act is to harmonize the relations between employer and employees so as to maintain industrial peace and hence ensure Social Justice.
- It empowers the government to make a reference of the dispute to an appropriate authority viz., Labour Court, Industrial Tribunal and National Tribunal depending upon the nature of the dispute besides making a reference by the government on the request of the parties.
- The Award given by the above authorities bind the parties for a specified period not exceeding 1 year. The award is normally enforced by the government concerned.
- The right to strike by the workers and Lockout by the employers has been subjected to the restrictions as laid down in the Act and such rights are not absolute rights.
- The act is a piece of legislation calculated to ensure Social justice to both the employers and the employees and advance the progress of the industry by bringing about harmony and cordial relationship between the parties.