Industrial Disputes Act & Factories Act

Industrial Disputes Act, 1947

• Industrial dispute: dispute between employers and employers, employers and workmen, or workmen and workmen connected with employment, non-employment, terms or conditions of labour.
• Workman: any person employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward; excludes those mainly in managerial capacity or drawing wages above the notified limit in supervisory roles.
• Authorities: Works Committee, Conciliation Officer, Board of Conciliation, Court of Inquiry, Labour Court, Industrial Tribunal, National Tribunal.
• Strike/lockout: illegal if commenced during pendency of conciliation/tribunal proceedings or in public utility services without notice (s.22).
• Lay-off (Ch. VA/VB): failure/refusal/inability of employer to give employment. Compensation: 50% of basic + DA.
• Retrenchment: termination for any reason other than disciplinary action, retirement, or non-renewal. Last-in-first-out; compensation 15 days’ average pay per completed year.
• Chapter VB (establishments with 100+ workmen; some states 300): prior government permission for lay-off, retrenchment and closure.
• s.33: conditions of service to remain unchanged during pendency of proceedings; s.33A special complaint.
• Award is binding; settlement under s.12(3) or s.18(1).

Factories Act, 1948

• Factory: 10+ workers with power, or 20+ without power (state amendments exist).
• Occupier: person who has ultimate control; in a company, a director must be nominated.
• Adult hours: max 9 hours/day, 48 hours/week; spread-over 10.5 hours; weekly holiday.
• Child: below 14 prohibited. Adolescent 15–18 requires certificate of fitness; night work restricted.
• Welfare: washing, storing/drying clothing, sitting, first-aid, canteens (250+), crèches (30+ women), welfare officer (500+).
• Safety: fencing, hoists, pressure plant, excessive weights, protection of eyes, dangerous fumes.
• Hazardous processes: Chapter IVA (post-Bhopal amendments, 1987) — site appraisal, disclosure, Occupier’s special responsibility.
• Inspectorate under the State Government; certifying surgeons.