Industrial Disputes Act, 1947

Dear Mr Murthy,

For more than one month no reply for your post.
It is not that easy to give explanation for each and every
section of the ID Act 1947.

Explanation can be given for any specific issues related to ID Act

KCS Kutty, Chennai

Object of the Act
Provisions for investigation and settlement of industrial disputes and for certain other purposes
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
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
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
Notice of Change
21 days by an employer to workmen about changing the conditions of service as provided in Ivth Schedule. Sec.9A
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
Prior Permission for Lay off
When there are more than 100 workmen during proceeding 12 months. Sec.25-M
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• 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
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


Lay off & Payment of Compensation – Conditions for Laying off
Failure, refusal or inability of an employer to provide work due to
• Shortage of coal, power or raw material.
• Accumulation of stocks.
• Breakdown of machinery.
• Natural calamity. Sec.25-C
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
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

• 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
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


With Regards
V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
No.27, Ist Floor, Singapore Plaza,
No.164, Linghi Chetty Street,
Chennai - 600 001.
E-mail :
Off : 044-42620864, 044-65874684,
Mobile : 98401 42164.

Dear Sir,

Very nicely ID 1947 is been explained here.

Thanks,

Prashant

Glad that now section wise explanation has come.
Good. Let's try for further discussions on the Act.