Page 167 - DMGT516_LABOUR_LEGISLATIONS

Labour Legislations

Notes an industrial dispute one of the primary objectives is and has to be the restoration of peace and
goodwill in the industry itself on fair and just basis to be determined in the light of all relevant
considerations.

Did u know? After the close of the First World War, there was a great out-break of industrial
unrest. It led to the passing of the Trade Disputes Act by the Government of India in the
year 1929. This act armed the government with powers which could be used whenever it
considered fit to intervene in industrial disputes. It contained special provisions regarding
strikes in the public utility services and general strikes affecting the community as a
whole. The Act made provision for only ad hoc conciliation Board and Courts of Inquiry.
This Act was amended in the year 1938 authorising the Central and Provincial Governments
to appoint the conciliation officers for mediating in or promoting the settlement of industry
disputes. During the Second World War - the government promulgated Defence of India
Rules to meet exigencies. Rule 81 A gave powers to govt. to intervene in industrial disputes.
Defence of India Rules 124, 118, 119 were used to prohibit strikes and lock-outs.

The Industrial Dispute Bill was introduced in Central Legislative Assembly in October, 1946.
The Bill was passed in March, 1947 and implemented w.e.f. 1st April, 1947. Since then, it has as
many as 34 to 35 major amendments. It has 9 Chapters and 40 sections.
Besides Central Act, many State Governments have their own industrial dispute resolution laws
- e.g. the Bombay Industrial Relations Act, 1946, the Maharashtra Recognition of Trade Unions
and Prevention of Unfair Labour Practices Act, 1971. Likewise, MP, AP, Orissa, Gujarat, Rajasthan
etc. also have their own legislation on the subject.

Scope: This Act is applicable in all states of India - to all industrial and commercial establishments,
employing technical and non-technical workmen, drawing 1600/- p.m. - Western India
Automobiles Association case - S.C. 1948.

7.5.1 Preamble and Objectives of the Act

The Preamble to the Act reads thus, "An Act to make provision for the investigation and
settlement of industrial disputes and for certain other purposes."
On the basis of various judgments of Supreme Court given from time to time (specially
Dimakuchi Tea Estate Case, 1958) is made, the principal objectives of the Act may be stated as
below:
1. To ensure social justice to both employers and employees and advance progress of industry
by bringing about harmony and cordial relationship between the parties.

2. To settle disputes arising between the capital and labour by peaceful methods and through
the machinery of conciliation, arbitration and if necessary, by approaching the tribunals
constituted under the Act. If disputes are not settled, it would result in strikes or lockouts
and entail dislocation of work, essential to the life of the community.

3. To promote measures for securing and preserving amity and good relations between the
employer and workmen.
4. To prevent illegal strikes and lockouts.

5. To provide compensation to workmen in cases of lay-off, retrenchment and closure.
6. To protect workmen against victimisation by the employer and to ensure termination of
industrial disputes in a peaceful manner.

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