Explain The Term “Industry” And “Industrial Dispute” With Decided Case Laws Under IDA 1947
Written by Chhajed Ruchita Ishwar Sunita
Definition of Industry:
An “industry” refers to a systematic activity carried on by cooperation between employers and employees (or workers) for the production and/or distribution of goods and services with a view to satisfying human wants or wishes. This definition includes not just traditional factories but also various other forms of economic activities such as trade, business, calling, service, manufacturing, or undertakings of any kind.
Under the Industrial Disputes Act 1947, the term “industry” has been interpreted broadly by the judiciary to cover a wide range of activities where there is cooperation between employers and employees to produce goods or services.[1]
Definition of Industrial Dispute:
An “industrial dispute” refers to any dispute or difference between employers and employees, or between employers and workmen, or between workmen and workmen, which relates to the employment or non-employment, or the terms of employment or the conditions of work of any person.
Industrial disputes can arise due to various reasons such as wages, allowances, working conditions, disciplinary actions, or termination of employment. The Industrial Disputes Act provides mechanisms for the resolution of these disputes, including negotiation, conciliation, and adjudication.[2]
Relevant Case Laws:
1. Bangalore Water Supply and Sewerage Board vs. R. Rajappa (1978):
In this case, the Supreme Court held that the expression “industry” under the Industrial Disputes Act includes departments of the Government carrying out commercial activities. The Court ruled that the principle to be applied is whether the activity undertaken is analogous to trade or business and is being carried on with a profit motive.[3]
2. Standard Vacuum Refining Company vs. Its Workmen (1961):
In this case, the Supreme Court held that an essential characteristic of an industry is the cooperation between employers and employees with a view to the production and distribution of goods and services. Even if a profit motive is absent, an activity could be an industry if there is cooperation between employers and employees for a systematic production or distribution of goods or services.
3. Madura Coats Limited vs. Its Workmen (1964):
This case emphasized that the definition of “industry” under the IDA is very wide and must receive a liberal interpretation. It stated that the Act is meant to cover not just industrial establishments but also commercial and trading establishments where systematic activity is carried on by cooperation between employers and employees.
These cases highlight the expansive interpretation of the term “industry” under the IDA, ensuring that a broad spectrum of economic activities falls within its purview.[4]
Industries, regardless of their specific nature, share several common features:
1. Production of Goods or Services: Industries involve the production or manufacturing of goods or the provision of services. This production can range from physical products like automobiles or clothing to services such as healthcare or finance.
2. Economic Activity: Industries are economic activities that generate revenue and contribute to a nation’s economy. They involve the use of resources like labour, capital, and technology to create products or services that are sold in the market.
3. Division of Labor: Industries often consist of various specialized tasks or roles. Different individuals or teams handle specific aspects of the production process, leading to a division of labour. This division enhances efficiency and productivity.
4. Use of Technology: Industries utilize technology and machinery to increase production efficiency, improve quality, and reduce costs. Technological advancements play a crucial role in the development and growth of industries.
5. Employment Generation: Industries create job opportunities for a significant portion of the workforce. They employ workers with diverse skills and educational backgrounds, contributing to livelihoods and economic stability.[5]
6. Capital Investment: Establishing and operating industries typically require substantial capital investment. This investment is used for purchasing machinery, raw materials, and infrastructure, and for covering operational costs.
7. Market Orientation: Industries are market-driven, meaning they produce goods or services based on consumer demand. They need to adapt to market trends and consumer preferences to remain competitive and sustain their operations.
8. Profit Motive: Industries operate with the objective of making a profit. While there are exceptions in non-profit sectors, the majority of industries aim to generate revenue exceeding their production costs, ensuring sustainability and growth.
9. Quality Standards: Industries adhere to specific quality standards and regulations. Quality control measures are implemented to ensure that products or services meet established criteria, ensuring customer satisfaction and compliance with industry standards.
10. Supply Chain Management: Industries are part of complex supply chains involving the procurement of raw materials, production, distribution, and delivery of final products to consumers. Effective supply chain management is crucial for the smooth functioning of industries.
11. Competition: Industries often face competition from other similar businesses. Competition encourages innovation, efficiency, and continuous improvement, leading to better products and services for consumers.
12. Environmental Impact: Industries have varying degrees of impact on the environment. Sustainable practices are increasingly important, with many industries adopting eco-friendly technologies and processes to minimize their environmental footprint.
Understanding these features provides insight into the fundamental aspects that define industries and their role in the economy and society.
Features
Here are some key features related to the Industrial Disputes Act (IDA) 1947:
1. Broad Definition of Industry: The IDA provides a broad and inclusive definition of “industry,” encompassing a wide range of economic activities beyond traditional manufacturing, such as trade, business, calling, service, or undertaking of any kind where there is cooperation between employers and employees for the production or distribution of goods and services.[6]
2. Settlement Machinery: The Act establishes various authorities and mechanisms for the settlement of industrial disputes, including conciliation officers, boards of conciliation, courts of inquiry, and labor courts. These bodies facilitate negotiations and mediation between employers and employees to resolve disputes.
3. Prohibition of Unfair Labor Practices: The IDA prohibits unfair labor practices on the part of employers and trade unions. Unfair labor practices include interference with the formation or administration of trade unions, discrimination against employees for union activities, and establishing employer-sponsored unions without the consent of employees.
4. Conditions for Strikes and Lockouts:
The Act lays down specific conditions that must be fulfilled before a legal strike or lockout can take place. Proper notice must be given to the employer or employees, and the strike or lockout must occur within the specified legal framework to be considered lawful.
5. Layoff, Retrenchment, and Closure:
The IDA provides regulations regarding the conditions under which employees can be laid off, retrenched, or when an industry can be closed. These regulations are aimed at safeguarding the interests of workers and ensuring that such actions are not taken arbitrarily by employers.
6. Compulsory Arbitration:
In certain cases, the Act empowers the appropriate government to refer an industrial dispute to compulsory arbitration. This means that a neutral third party (arbitrator) makes a binding decision to resolve the dispute, ensuring a final resolution.
7. Protection of Workmen during Pendency of Proceedings:
The Act prohibits the termination or dismissal of workmen during the pendency of conciliation or arbitration proceedings, providing job security to employees involved in industrial disputes.
8. Collective Bargaining:
The IDA encourages the process of collective bargaining between employers and employees or their representatives. Collective bargaining agreements can cover various employment-related matters, including wages, working hours, conditions of work, and grievance redressal mechanisms.
9. Social Justice and Labor Welfare:
The Act is designed to promote social justice and labor welfare by providing a legal framework for the fair and equitable resolution of disputes, ensuring the rights and interests of both employers and employees are protected.
These features collectively contribute to the comprehensive framework provided by the Industrial Disputes Act 1947, aiming to maintain industrial peace and harmony while safeguarding the rights and interests of both employers and employees.
The Industrial Disputes Act (IDA) of 1947 plays a crucial role in resolving industrial disputes in India. This Act provides a legal framework for the prevention and resolution of disputes between employers and employees or among employees themselves. Below, we discuss the key roles and mechanisms of the IDA 1947 in addressing industrial disputes:
Recognition of Disputes (Section 2(k)):
The IDA defines “industrial dispute” broadly, encompassing conflicts related to employment conditions, wages, layoffs, retrenchment, and more. This recognition is essential for bringing disputes within the purview of the Act.
2. Grievance Redressal Mechanisms:
– Conciliation (Sections 4-12): The Act mandates the appointment of Conciliation Officers by the government to facilitate negotiations and settlement between parties. Conciliation is often the first step in resolving disputes, and it aims to prevent disputes from escalating into strikes or lockouts.
– Boards of Conciliation (Section 13): In case conciliation efforts fail, the government can appoint a Board of Conciliation to investigate and make recommendations for settlement.
– Court of Inquiry (Section 14): If disputes remain unresolved, a Court of Inquiry may be constituted to investigate the matter and provide recommendations.[7]
Strikes and Lockouts (Sections 22-26):
– The IDA 1947 lays down procedures and restrictions for strikes and lockouts to prevent their misuse.
– It requires employers to give notice before initiating a lockout and employees to give notice before going on strike.
– The Act also prohibits certain categories of employees from going on strike, ensuring that essential services are not disrupted.
Labor Courts and Industrial Tribunals (Sections 7 and 7A):
– The IDA establishes Labor Courts and Industrial Tribunals for adjudicating disputes that cannot be resolved through negotiations or conciliation.
– These quasi-judicial bodies have the authority to hear and decide on matters related to industrial disputes, providing a legal forum for resolution.
Binding Awards (Section 18):
Decisions and awards made by Labor Courts and Industrial Tribunals are legally binding on the parties involved. Failure to comply with these awards can result in penalties.
Layoff, Retrenchment, and Closure (Sections 25N-25Q):
– The IDA imposes certain conditions and procedures for employers planning layoffs, retrenchment, or the closure of an industrial establishment.
– It ensures that affected employees are compensated fairly and that proper notice is given.
Reinstatement and Back Wages (Section 11A):
In cases of wrongful dismissal or termination, the IDA allows for the reinstatement of employees with back wages, providing a remedy for unfair actions by employers.[8]
Amendments and Evolving Jurisprudence:
Over the years, the IDA has been amended to address changing labour dynamics and industrial relations. Courts have also played a role in interpreting and evolving the Act through various landmark judgments.
In summary, the IDA 1947 plays a multifaceted role in resolving industrial disputes in India by providing a structured approach to dispute resolution, emphasizing negotiation and conciliation, establishing quasi-judicial bodies for adjudication, and ensuring fairness in employer-employee relations. It aims to maintain industrial peace and protect the interests of both parties while upholding the rule of law. However, the effectiveness of the Act can vary depending on the specific circumstances and the willingness of the parties to engage in meaningful negotiations and adhere to its provisions.
Conclusion
An individual dispute even though not sponsored by other workmen or espoused by the union would be deemed to be an industrial dispute if it covers any of the matters mentioned in Section 2-A. So far as the subject matter of the dispute is concerned 2-A does not bring about any change. The provisions of Section 2(K) alone determine that question.
The only change introduced by Section 2-A is that before its introduction, a dispute even though was an industrial dispute from the perspective of subjects referred to in Section 2 (k) would not have become an industrial dispute if it were only an individual dispute and it was not taken up either by the union or by a substantial body or workmen. But after the introduction of Section 2-A such a dispute would be an industrial dispute in respect of those matters specified in that Section even though it is not sponsored by a union or a considerable number of workmen. Section 2-A can be treated as an explanation of Section 2 (k).
- References
- Industry Under Industrial Disputes Act, 1947 – Academike (lawctopus.com)
- Industrial Law, Industrial Disputes and Industrial Relations: ID Act, 1947 (ipleaders.in)
- The Industrial Disputes Act, 1947 authorities and their functions (legalserviceindia.com)
[1] Ibid Bangalore Water Supply and Sewerage Board vs. R. Rajappa (1978)
[2] Sec 2(j) of the Industrial Dispute Act
[3] Madura Coats Limited vs. Its Workmen (1964)
[4] Boards of Conciliation (Section 13)
[5] ibid
[6] In the the economy and society.
[7] Conciliation (Sections 4-12)
[8] Layoff, Retrenchment, and Closure (Sections 25N-25Q)
