SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(1) This Act may be called the Industrial Disputes Act, 1947.1[(2) It extends to the whole of India]2[* * *](3) It shall come into force on the first day of Apr...
2Definitions
In this Act, unless there is anything repugnant in the subject or context,-(a) "appropriate government" means-(i) in relation to any industrial disputes conce...
2ADismissal, etc., of an individual workman to be deemed to be an industrial dispute
Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that wor...
Chapter IIAuthorities Under This Act
3Works Committee
(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve mon...
4Conciliation officers
(1)The appropriate. government may, by notification in the Official Gazette, appoint such number of persons, as it thinks fit to be conciliation officers, cha...
5Boards of Conciliation
(1) The appropriate government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement ...
6Courts of Inquiry
(1) The appropriate government may, as occasion arises by notification in the Official Gazette, constitute a Court of Inquiry for inquiring into any matter ap...
7Labor Courts
(1) The appropriate government may, by notification in the Official Gazette, constitute one or more Labor Courts for the adjudication of industrial disputes r...
7ATribunals
(1) The appropriate government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial di...
7BNational Tribunals
(1)The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industria...
7CDisqualifications for the presiding officers of Labor Courts, Tribunals and National Tribunals
No person shall be appointed to, or continue in, the office of the presiding officer of a Labor Court, Tribunal orNational Tribunal, if-(a) he is not an indep...
8Filling of vacancies
If, for any reason a vacancy (other than a temporary absence) occurs in the office of the presiding officer of a Labor Court, Tribunal or National Tribunal or...
9Finality of orders constituting Boards, etc.
(1) No order of the appropriate government or of the Central Government appointing any person as the Chairman or any other member of a Board or court or as th...
Chapter IIANotice Of Change
9ANotice of change
No employer, who proposes to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedul...
9BPower of government to exempt
Where the appropriate government is of opinion that the application of the provisions of section 9A to any class of industrial establishments or to any class ...
Chapter IIIReference Of Disputes To Boards, Courts Or Tribunals
10Reference of disputes to Boards, courts or Tribunals
(1) 63[Where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing-(a) refer...
10AVoluntary reference of disputes to arbitration
(1) Where any industrial dispute exists or is apprehended and the employer and the workman agree to refer the dispute to arbitration, they may, at any time be...
Chapter IVProcedure, Powers And Duties Of Authorities
11Procedure and powers of conciliation officers, Board, courts and Tribunals and National Tribunals
73[(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, court, Labor Court, Tribunal or National Tribunal shall follow such proce...
11APowers of Labor Court Tribunal, and National Tribunal to give appropriate relief in case of discharge or dismissal of workmen
Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labor Court, Tribunal or National Tribunal for adjudica...
12Duties of conciliation officers
(1)Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice ...
13Duties of Board
(1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavor to bring about a settlement of the same and for...
14Duties of courts
A court shall inquire into the matters referred to it and report thereon to the appropriate government ordinarily within a period of six months from the comme...
15Duties of Labor Courts, Tribunals and National Tribunals
Where an industrial dispute has been referred to a Labor Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously an...
16Form of report or award
(1) The report of a Board or court shall be in writing and shall be signed by all the members of the Board or court, as the case may be :that nothing in this s...
17Publication of report and award
(1) Every report of a Board or court together with any minute of dissent recorded therewith, every arbitration award and every award of a Labor Court, Tribuna...
17ACommencement of the award
(1)An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17:that-(a) ...
17BPayment of full wages to workman pending proceedings in higher courts
Where in any case, a Labor Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings aga...
18Persons on whom settlements and awards are binding
104[(1) A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the ...
19Period of operation of settlements and awards
(1)A settlement 110[* * *] shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date ...
20Commencement and conclusion of proceedings
(1) A conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the concil...
21Certain matters to be kept confidential
There shall not be included in any report or award under this Act, any information obtained by a Conciliation Officer, Board, court, 117[Labor Court, Tribunal...
Chapter VStrikes And Lock-Outs
22Prohibition of strikes and Lockouts
(1) No person employed in a public utility service shall go on strike in breach of contract-(a) without giving to the employer notice of strike, as hereinafte...
23General prohibition of strikes and Lockouts
No workman who is employed in any industrial establishment shall go on strike in breach of contract and no employer of any such workman shall declare a lock-o...
24Il-legal strikes and Lockouts
(1) A strike or lock-out shall be illegal if-(i) it is commenced or declared in contravention of section 22 or section 23; or(ii) it is continued in contravent...
25Prohibition of financial aid to illegal strikes and Lockouts
No person shall knowingly expend or apply any money in direct furtherance or support of any illegal strike or lock-out....
Chapter VALay-Off And Retrenchment
25AApplication of sections 25C to 25E
(1) Sections 25C to 25E inclusive 125[shall not apply to Industrial Establishments to which Chapter VB applies, or]-(a) to industrial establishments in which l...
25BDefinition of continuous serviceDefinition of continuous service
For the purposes of this Chapter,-(1) a workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, inc...
25CRight of workmen laid-off for compensation
Whenever a workman (other than a badly workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment and who has complet...
25DDuty of an employer to maintain muster rolls of workmen
Notwithstanding that workmen in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this C...
25EWorkmen not entitled to compensation in certain cases
No compensation shall be paid to a workman who has been laid-off-(i) if he refuses to accept any alternative employment in the same establishment from which h...
25FConditions precedent to retrenchment of workmen
No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until...
25FFCompensation to workmen in case of transfer of undertakings
Where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to that underta...
25FFASixty days' notice to be given of intention to close down any undertaking
(1)An employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective,...
25FFFCompensation to workmen in case of closing down of undertakings
(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that underta...
25GProcedure for retrenchment
Where any workman in an industrial establishment who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that est...
25HRe-employment of retrenched workmen
Where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed, give an opport...
25-IRecovery of moneys due from employers under this Chapter
[Repealed by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 (36 of 1956), s. 19 w.e.f. 10th. March, 1957]...
25JEffect of laws inconsistent with this Chapter
(1)The provisions of this Chapter shall have effect notwithstanding anything in consistent therewith contained in any other law including standing orders made...
Chapter VBSpecial Provisions Relating To Lay-Off, Retrenchment And Closure In Certain Establishments
25KApplication of Chapter V-B
(1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performe...
25LDefinitions
For the purposes of this Chapter,-(a) "industrial establishment" means-(i) a factory as defined in clause (m) of section 2 of the Factories Act. 1948 (63 of 19...
25MProhibition of lay-off
(1)No workman (other than a badly workman or a casual workman) whose name is borne on the muster rolls of an industrial establishment to which this Chapter ap...
25NConditions precedent to retrenchment of workmen
(1) No workman employed in any industrial establishment to which this Chapter applies , who has been in continuous service for not less than one year under an...
25-OProcedure for closing down an undertaking
(1) An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, ...
25PSpecial provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976
If the appropriate government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which closed down b...
25QPenalty for lay-off and retrenchment without previous permission
Any employer who contravenes the provisions of section 25M or 143[* * *] section 25N shall be punishable with imprisonment for a term which may extend to one ...
25RPenalty for closure
(1) Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment...
25SCertain provisions of Chapter V-A to apply to an industrial establishment to which this Chapter applies
The provisions of sections 25B, 25D, 25FF, 25G, 25H and 25J in Chapter V-A shall, so far as may be, apply also in relation to an industrial establishment to w...
Chapter VCUnfair Labour Practices
25TProhibition of unfair labor practice
No employer or workman or a trade union, whether registered under the Trade Unions Act, 1926 (16 of 1926), or not, shall commit any unfair labor practice....
25UPenalty for committing unfair labor practices
Any person who commits any unfair labor practice shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend...
Chapter VIPenalties
26Penalty for illegal strikes and Lockouts
(1)Any workman who commences, continues or otherwise acts in furtherance of, a strike which is illegal under this Act, shall be punishable with imprisonment f...
27Penalty for instigation, etc.
Any person who instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-out which is illegal under this Act, shall ...
28Penalty for giving financial aid to illegal strikes and Lockouts
Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment...
29Penalty for breach of settlement or award
Any person who commits a breach of any term of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a te...
30Penalty for disclosing Confidential information
Any person who willfully discloses any such information as is referred to in section 21 in contravention of the provisions of that section shall, on complaint...
30APenalty for closure without notice
Any employerwho closes down any undertaking without complying with the provisions of section 25FFA shall be punishable with imprisonment for a term which may ...
31Penalty for other offences
(1)Any employer who contravenes the provisions of section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine whi...
Chapter VIIMiscellaneous
32Offence by companies, etc.
Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not), every d...
33Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings
(1) During the pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before 149[an arbitrator or] a Labor Cour...
33ASpecial provision for adjudication as to whether conditions of service, etc, changed during pendency of proceedings
Where an employer contravenes the provisions of section 33 during the pendency of proceedings 102[before a conciliation officer, Board, an arbitrator, Labor C...
33BPower to transfer certain proceedings
(1) The appropriate government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this Act pending before a Labor Co...
33CRecovery of money due from an employer
(1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of 154[Chapter VA or Chapter VB] the workman h...
34Cognizance of offences
(1)No court shall take cognizance of any offence punishable under this Act or of the abetment of any such offence, save on complaint made by or under the auth...
35Protection of persons
(1)No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Act shall, by reason of such refusal or b...
36Representation of parties
(1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by-(a) 147[any member of the executive or other...
36APower to remove difficulties
(1) If, in the opinion of the appropriate government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it m...
36BPower to exempt
Where the appropriate government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertak...
37Protection of action taken under the Act
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of th...
38Power to make rules
(1) The appropriate government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Ac...
39Delegation of powers
The appropriate government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall...
40Power to amend Schedules
(1) The appropriate government may, if it is of opinion that it is expedient or necessary in the public interest so to do, by notification in the Official Gaz...
The First ScheduleIndustries Which May Be Declared To Be Public Utility Services Under Sub-Clause (Vi) Of Clause (N) Of Section 2
[Section 2(n)(vi)]1. Transport (other than railways) for the carriage of passengers or goods, 163[by land or water].2. Banking.3. Cement.4. Coal.5. Cotton text...
The Second ScheduleMatters Within The Jurisdiction Of Labour Courts
(Section 7)1. The propriety or legality of an order passed by an employer under the standing orders;2. The application and interpretation of standing orders;3....
The Third ScheduleMatters Within The Jurisdiction Of Industrial Tribunals
(Section 7A)1. Wages, including the period and mode of payment;2. Compensatory and other allowances;3. Hours of work and rest intervals;4. Leave with wages and ...
The Fourth ScheduleConditions Of Service For Change Of Which Notice Is To Be Given
(Section 9A)1. Wages, including the period and mode of payment;2. Contribution paid, or payable, by the employer to any provident fund or pension fund or for t...
The Fifth ScheduleUnfair Labour Practices
[Section 2(ra)]I.  ON THE PART OF EMPLOYERS AND TRADE UNIONS OF EMPLOYERS(1) To interfere with, restrain from, or coerce, workmen in the exercise of their rig...
Foot Notes
1 Substituted by Act No. 36 of 1956, for the former sub-section w.e.f. 29th. August, 1956.2 Proviso omitted by Act No. 51 of 1970, section 2 and Schedule w.e....
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!