Applicability
The Industrial Disputes Act extends to whole of India and applies to every Industry and its various industrial establishment carrying on any business, trade, manufacture or distribution of goods and services irrespective of the number of workmen employed there in.
Every person employed in an establishment for hire or reward including contract labour, apprentices and part-time employees to do any manual, clerical, skilled, unskilled, technical, operational or supervisory work, is covered by the Act.
This Act though does not apply to persons mainly in managerial or administrative capacity, persons engaged in a supervisory capacity and drawing > 10,000 p.m or executing managerial functions and persons subject to Army Act, Air Force and Navy Act or those in police service or officer or employee of a prison.
Applicability to Parent Act
- Section 1 : Short title, and commencement
Important Definitions
- Section 2A : Appropriate Government
Any industry carried on by or under the authority of the Central Govt, or by a railway company or a Dock Labour Board, or the Industrial Finance Corporation of India Ltd, or the ESIC, or the board of trustees of the Coal Mines PF, or FCI, or LIC or in relation to any other industrial dispute, the state Government.
The definition of Industry under the Act is taken from the Supreme Court's judgment in Bangalore water Supply and Sewerage Board v. A. Rajappa. [1]
Triple Test formulae The organization is Prima Facie an industry if it is
1. A systematic activity
2. Organized by co-operation between an employer and an employee
3. for the production of goods and services calculated to satisfy human wants and wishes. (not spiritual or pious in nature but inclusive of material things or services geared to seek celestial bliss)
- Section 2BB: Banking company
- Section 2G : Employer
- Section 2J : Industry
- Section 2K : Industrial dispute
- Section 2A : Industrial dispute between individual and employer
- Section 2KA: Industrial establishment or undertaking
- Section 2KK: Insurance company
- Section 2LA: Major port
- Section 2LB: Mine
- Section 2N : Public utility service
- Section 2O : Railway Company
- Section 2RR: Wages
- Section 2S : Workmen (Including an Apprentice)industrial act
- Schedule II - S7 : Matters Within The Jurisdiction Of Labour Courts
- Schedule III - S7A : Matters Within The Jurisdiction Of Industrial Tribunal
- Schedule IV - NOTICE OF CHANGE
- Schedule V - UNFAIR LABOUR PRACTICE
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Shram Suvidha is a Web Portal to provide a single platform for all labour compliances.The Unified Shram Suvidha Portal is developed to facilitate reporting of Inspections, and submission of Returns. The Unified Shram Suvidha Portal has been envisaged as a single point of contact between employer and enforcement agencies bringing in transparency in their day-to-day interactions. For integration of data among various enforcement agencies, each inspectable unit under any Labour Law has been assigned one Labour Identification Number (LIN).
Industrial Relations Code, 2020 consolidates and amends the laws relating to trade unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes. The code combines and simplifies 3 Central Labour Laws.
