EMPLOYEE RELATIONS:
LEGAL FRAMEWORK
INDUSTRIAL DISPUTES ACT
1947
Continued…
Name : Prof. Shailendra Nigam
DEFINITIONS
• Lay-off Sec 2(kkk)
• Lock – out Sec 2(l)
• Retrenchment Sec 2(oo)
• Strike Sec 2(q)
03/26/2023
CHAPTER V
STRIKES & LOCK-OUTS
• Prohibition of Strikes & Lock-outs Sec 22
• General prohibition of strikes & lock-outs Sec 23
• Illegal Strikes and Lock-outs Sec 24
• Prohibition of financial aid to illegal strikes
and Lock-outs Sec 25
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CHAPTER V-A
LAY-OFF & RETRENCHMENT
• Application of Sections 25C to 25E Sec 25A
• Definition of Continuous Service Sec 25B
• Right of Workmen laid off for compensation Sec 25C
• Duty of an employer to maintain muster Sec 25D
rolls of workmen
• Workmen not entitled to compensation in Sec 25E
certain cases
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• Conditions precedent to retrenchment of Sec 25F
workmen
• Compensation to workmen in case of Sec 25FF
transfer of undertakings
• Sixty days notice to be given of intention Sec 25FFA
to close down any undertaking
• Compensation to workmen in case of Sec 25FFF
closing down of undertakings
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• Procedure for Retrenchment Sec 25G
• Re-employment of retrenched workmen Sec 25 H
• Application of Chapter V-B Sec 25K
• Prohibition of Lay off Sec 25M
• Conditions precedent to retrenchment Sec 25N
of workmen
• Procedure to closing down an undertaking Sec 25-O
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PROBLEMS: Whether Industry?
• Can a proprietary firm carrying on a family business of auto parts and
supplying them will come within the purview of ‘industry’?
• Can a mess in the railway school for consumption of food by the
trainees will be an industry?
• Will a temple run by a trust engaging services of employees on regular
basis be an industry as defined by section 2(j) of I D Act?
• Is Irrigation department of Karnataka State be considered as industry?
• Can a Gurudwara as managed by its committee for distribution of
Karah – Parshad and a free kitchen be an indusrty as per I D Act?
03/26/2023
PROBLEMS: Notice of Change in conditions
of Services (Section 9A)
• An employee voluntarily offered to work at the guest house and was
asked to work for six days a week instead of five days of a week in
the factory. Is there any violation of Sec 9A of ID Act?
• Whether VRS resulting into reduction of posts will amount to change
in conditions of service?
• Whether cancellation of allotted quarter to a workmen will amount to
change in conditions of service?
• Will the decision of a company to close down of a mailing section
amount to rationalization and thus violation of section 9A of I D Act?
03/26/2023
PROBLEMS: Lay Off
• Can shortage of electricity due to non payment of electricity bill
justify lay off?
• Should compensation be paid for lay off declared due to slowing
down of production by the workers?
• Whether declaration of lay off without prior permission by a unit
employing more than 100 workmen be legal?
• Can financial stringency be a cause for which a lay off can be
declared?
03/26/2023
PROBLEMS: Lock Out
• Can the government prohibit lock out while referring the demands
for adjudication?
• Will the declaration of lock out be illegal if employees resort to illegal
strike?
• Can prohibition by government of the lock out declared by employer
for persistent go-slow on the part of workmen be sustainable?
• Can union challenge alleging lock out pertaining to closure of a
branch of the company?
03/26/2023
PROBLEMS: Retrenchment
• Can termination of employment on completion of contract period be
termed as retrenchment?
• Can a worker be entitled for reinstatement with full wages and
continuity of service if retrenchment compensation is not paid?
• Is it mandatory to pay retrenchment compensation if the worker has
not completed 240 days of work?
• Reducing number of conductors in SRTC of a state without given
notice u/s 9A of I D Act but making retrenchment compensation and
salary for notice period, is retrenchment legal?
03/26/2023
PROBLEMS: Strike
• Is right to strike a fundamental right?
• Irrespective of strike being legal or illegal, whether the employer has
a right to deduct wages?
• Is it necessary to declare strike illegal for initiating disciplinary
proceedings against workers?
• Do the striking workers have a right to force other non-striking
workers to stop working?
03/26/2023
