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Prior to the year 1947, The Trade Disputes Act,
1929 used to settle industrial disputes. Experience of the working
of the Act, 1929 revealed various defects which needed to be overcome
by a fresh legislation.
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The STATEMENT OF OBJECTS AND REASONS appended to
the INDUSTRIAL DISPUTES BILL, 1946, which was published in The Gazette
of India, 1946, Part V, pp. 239-240, reads thus: -
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"Experience of the working of the Trade Disputes
Act, 1929, has revealed that its main defect is that while restraints
have been imposed on the rights of strike and lock-out in public
utility services no provision has been made to render the proceedings
institutable under the Act for the settlement of an industrial dispute,
either by reference to a Board of Conciliation or to a Court of
Inquiry, conclusive and binding on the parties to the dispute. This
defect was overcome during the war by empowering under Rule 81A
of the Defence of India Rules the Central Government to refer industrial
disputes to adjudicator and to enforce their awards. Rule 81 A,
which was to lapse on the 1st October, 1946, is being kept in force
by the Emergency Powers (Continuance) Ordinance, 1946, for a further
period of six months; and as industrial unrest in checking which
this rule has proved useful, is gaining momentum due to the stress
of post industrial re-adjustment, the need of permanent legislation
in replacement of this rule is self-evident. This Bill embodies
the essential principles of Rule 81 A, which have proved generally
acceptable to both employers and workmen, retaining intact, for
the most part, the provisions of the Trade Disputes Act, 1929. The
two new institutions for the prevention and settlement of industrial
disputes provided for in the Bill are the Works Committees consisting
of representatives of employers and workmen, Industrial Tribunal
consisting of one or more members possessing qualifications ordinarily
required for appointment as Judge of a High Court. Power has been
given to appropriate Government to require Works Committees to be
constituted in every industrial establishment employing 100 workmen,
or more and their duties will be to remove cause of friction between
the employer and workmen in the day-to-day working of the establishment
and to promote measures for securing amity and good relations between
them. Industrial peace will be most enduring where it is founded
on voluntary settlement, and it is hoped that the Works Committees
will render recourse to the remaining machinery provided for in
the Bill for the settlements of disputes infrequent. A reference
to an Industrial Tribunal will lie where both the parties to an
Industrial Dispute apply for such reference, and also where the
appropriate Government considers it expedient so to do. An award
of a Tribunal may be enforced either wholly or in part by the appropriate
Government for a period not exceeding one year. The power to refer
disputes of Industrial Tribunals and enforce their awards is an
essential corollary to the obligation that lies on the Government
to secure conclusive determination of the disputes with a view to
redressing the legitimate grievances of the parties thereto, such
obligation arising from the imposition of restraints on the right
of strike and lock-out, which must remain inviolate, except where
considerations of public interest override such rights.
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to re-orient the administration of the conciliation machinery provided
in the Trade Disputes Act. Conciliation will be compulsory in all
disputes in public utility services and optional in the case of other
industrial establishment. With a view to expedite conciliation proceedings
time limits have been prescribed for conclusion thereof - 14 days
in the case of Conciliation Officers and two months in the case of
Board of Conciliation from the date of notice of strike. A settlement
arrived at in the course of conciliation proceedings will be binding
for such period as may be agreed upon by the parties and where no
period has been agreed upon, for a period of one year, and will continue
to be binding until revoked by a 3 month's notice by either party
to the dispute. |
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Another important new feature of the Bill relates
to the prohibition of strikes and lock-outs during the pendency
of conciliation and adjudication proceedings of settlement reached
in the course of conciliation proceedings and of awards of Industrial
Tribunals declared binding by the appropriate Government. The underlying
argument is that where a dispute has been referred to conciliation
for adjudication a strike or lock-out, in furtherance thereof, is
both unnecessary and inexpedient. Where, on the date of reference
to conciliation or adjudication a strike or lock-out is already
in existence, power is given to the appropriate Government to prohibit
its continuance lest the chances of settlement or speedy determination
of the dispute should be jeopardized.
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The Bill also empowers the appropriate Government
to declare, if public interest or emergency so requires, by notification
in the Official Gazette, any industry to be a public utility service,
for such period, if any, as may be specified in the notification."
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A Report of the Select Committee on the Industrial
Disputes Bill, 1946 was published in the Gazette of India, Part
V, pp. 33-35.
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The Legislature discussed, amended and passed the
Industrial Disputes Bill, 1947 in the light of the Original Bill
and The Reported Bill.
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Though the Industrial Disputes Bill, 1947 received
the assent and came on the Statute Book on 11th March, 1947, the
Legislature in its wisdom brought the Industrial Disputes Act, 1947
(14 of 1947) into force on 1-4-1947.
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This Act was extended to -
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(i)
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Goa, Daman and Diu by section 3 read with the Schedule
of The Regulation No.12 of 1962.
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(ii)
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Pondicherry by section 3 read with the Schedule
I of The Regulation No.7 of 1963; and
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(iii)
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Laccadive, Minicoy and Aminidivi Islands by section
3 read with the Schedule of the Regulation No.8 of 1965.
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The Principal Act has been amended thirty-four times.
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LIST OF ADAPTATION ORDERS AND AMENDING ACTS
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1.
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The Indian Independence (Adaptation of Central Acts and Ordinances)
Order, 1948.
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2.
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The Industrial Disputes (Banking and Insurance Companies) Act,
1949 (54 of 1949).
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3.
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The Adaptation of Laws Order, 1950.
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4.
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The Repealing and Amending Act, 1950 (35 of 1950).
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5.
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The Industrial Disputes (Appellate Tribunal) Act, 1950 (48 of 1950).
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6.
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The Industrial Disputes (Amendment and Temporary
Provisions) Act, 1951 (40 of 1951).
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7.
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The Industries (Development and Regulation) Act, 1951 (65 of 1951).
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8.
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The Industrial Disputes (Amendment) Act, 1952 (18 of 1952).
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9.
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The Industrial Disputes (Amendment) Act, 1953 (43 of 1953).
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10.
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The Industrial Disputes (Amendment) Act, 1954 (48 of 1954).
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11.
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The Industrial Disputes (Amendment and Miscellaneous Provisions)
Act, 1956 (36 of 1956).
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12.
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The Industrial Disputes (Amendment) Act, 1956 (41 of 1956).
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13.
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The Industrial Disputes (Amendment) Act, 1957 (18 of 1957).
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14.
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The State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959).
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15.
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The Deposit Insurance Corporation Act, 1961 (47 of 1961).
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16.
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The Agricultural Refinance Corporation Act, 1963 (10 of 1963).
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17.
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The Unit Trust of India Act, 1963 (52 of 1963).
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18.
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The Industrial Development Bank of India Act, 1964 (18 of 1964).
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19.
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The Industrial Disputes (Amendment) Act, 1964 (36 of 1964).
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20.
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The Industrial Disputes (Amendment) Act, 1965 (35 of 1965).
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21.
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The Food Corporations (Amendment) Act, 1968 (57 of 1968).
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22.
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The Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970 (5 of 1970).
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23.
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The Central Laws (Extension to Jammu and Kashmir) Act, 1970 (51
of 1970).
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24.
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The Industrial Disputes (Amendment) Act, 1971 (45 of 1971).
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25.
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The Industrial Disputes (Amendment) Act, 1972 (32 of 1972).
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26.
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The Banking Service Commission Act, 1975 (42 of 1975).
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27.
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The Industrial Disputes (Amendment) Act, 1976 (32 of 1976).
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28.
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The Banking Companies (Acquisition and Transfer of Undertakings)
Act, 1980 (40 of 1980).
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29.
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The Export-Import Bank of India Act, 1981 (28 of 1981).
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30.
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The National Bank for Agriculture and Rural Development Act, 1981
(61 of 1981).
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31.
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The Industrial Disputes (Amendment) Act, 1982 (46 of 1982).
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32.
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The Industrial Disputes (Amendment) Act, 1984 (49 of 1984).
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33.
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The Industrial Reconstruction Bank of India Act, 1984 (62 of 1984).
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34.
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The National Housing Bank Act, 1987 (53 of 1987).
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35.
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The Small Industries Development Bank of India Act, 1989 (39 of
1989).
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It is significant to notice that the Central Government,
in exercise of the power conferred by section 1(2) of the Industrial
Disputes (Amendment) Act, . 1982 (46 of 1982) on it, has not so
far appointed any date for bringing the provisions of sections 2,
7 and 22 thereof into force.
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Clause (c) of. section 2 substituted for clause
(r) of section 2, section 7 inserted a new CHAPTER II B (containing
section 9C) and section 22 inserted a new clause (ab) in section
38 (2) of the Principal Act.
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Simply for the purpose of reference, ANNEXURE is devoted to the
relevant texts.
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