LAWS RELATING TO INDUSTRIAL RELATIONS
Industrial Disputes Act 1947 (IDA)
It is the main legislation for investigation and settlement of all industrial disputes. The Act enumerates the contingencies when a strike or lock-out can be lawfully resorted to, when they can be declared illegal or unlawful, conditions for laying off, retrenching, discharging or dismissing a workman, circumstances under which an industrial unit can be closed down and several other matters related to industrial employees and employers.
The Act is administered by the Ministry of Labour through its Industrial Relations Division. The Division is entrusted with improving the institutional framework for dispute settlement and amending labour laws relating to industrial relations. It works in close co-ordination with the Central Industrial Relations Machinery (CIRM) an attached office of the Ministry of Labour and is headed by the Chief Labour Commissioner (Central).
According to the Act, the term ‘industrial dispute’ means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or the terms of employment or with the conditions of labour of any person.
Trade Unions Act, 1926 (TUA)
The Act provides for the registration of trade unions of employers and workers, and is administered by state governments. Registered trade unions are conferred a legal and corporate status. It was amended in 2001, pursuant to the amendment, a trade union of workmen can be registered only if at least 10% or 100 (whichever is less, subject to a minimum of seven), workmen engaged or employed in the establishment or industry to which it is related, are its members. Unions are allowed to have their political funds.
The Industrial Employment (Standing Orders) Act, 1946
The IESA applies to all industrial establishments employing 100 workers or more. The IESA and IDA both exclude managerial and administrative employees. Regulations concerning termination of employment are also found in standing orders made pursuant to the IESA. Standing orders are written documents dealing with terms and conditions of employment. Drafted by employers in all establishments, standing orders are documents on which trade unions or workers are given an opportunity to object. They are certified by the government Certifying Officer, who adjudicates upon the fairness and reasonableness of the provisions of any standing order and upon its conformity to the model standing order (MSO). The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.
