While working at the workplace, some differences and disputes are inevitable, more so, when there are two classes: on the one side employer and on the other employees, more specifically the workmen in context with this book.
A conflict of interest between dominant and subordinate groups necessitated the State intervention in enacting the Industrial Disputes Act which, in essence, is a procedural legislation.
As the preamble itself states, it makes provision for the investigation and settlement of industrial disputes.
When a dispute exists or is apprehended, the appropriate Government is empowered to refer the dispute to one or other of the authorities specified in the Act in order to prevent the continuance or occurrence of the dispute.
The reference is made to a labour court, tribunal or arbitrator to prohibit any strike or lock-out during the pendency of the proceedings and even for two months after their conclusion. The labour courts and tribunals are given wide powers to adjudicate the dispute referred and, wherever necessary, grant appropriate reliefs which the normal courts of the land cannot, such as modification of a contract of employment to make it more fair and reasonable and to reinstate workmen with ancillary reliefs where, in their opinion, the workmen have been unfairly treated by their employers.
These powers have been conferred on courts and tribunals to secure, by their Awards, industrial peace and prevent disruption to production and services so essential to the national economy.
The Industrial Disputes Act aims at improving the service conditions of industrial labour so as to provide for them the ordinary amenities of life and by the process, bring about industrial peace which would, in turn, accelerate productive activity of the country resulting in its prosperity.
The prosperity of the country further helps to improve the conditions of labour and lesser number of disputes.
That is why there is a provision under the Act for investigation and settlement of disputes. In the present socio-political economic system, it is intended to achieve co-operation between the capital and labour, which has been deemed to be essential for maintenance of increased production and industrial peace.
The provisions of the Act have to be interpreted in a manner, which advances the object of the legislature contemplated in the Statement of Objects and Reasons.
While interpreting different provisions of the Act, an attempt has to be made to avoid industrial unrest, and to secure industrial peace.
The appropriate machinery has actually been provided to achieve that end.
Conciliation is most important and desirable way to achieve it but under the Industrial Disputes Act, the role of Conciliation Officers is only pursuance since they don't have powers.
This could be perhaps the main reason that in some of the States amended that the workmen can bye-pass the conciliation machinery and directly approach the Labour Court under section 2A of the Act.
While dealing with industrial disputes, the courts have always emphasized on doctrine of social justice, which is founded on basic ideal of socio-economic equality as enshrined in the preamble of the Constitution of India. In a short span between the previous edition and this revised one, there have been radical changes in the judicial interpretations.
In Harjinder Singh v. Punjab State Warehousing Corporation, it has been stated by the Supreme Court that there has been a visible shift in the Courts approach in dealing with the cases involving the interpretation of social welfare legislations.
The attractive mantras of globalization and liberalization are fast becoming the raison d'etre of the judicial process and an impression has been created that the constitutional Courts are no longer sympathetic towards the plight of industrial and unorganized workers.
In large number of cases, relief has been denied to the employees falling in the category of workmen, who are illegally retrenched from service by creating by-lanes and side-lanes in the jurisprudence developed by the Supreme Court in three decades.
This book encapsulates the brief ratio of large number of important cases so that it becomes a referencer.
The formats, as given, are based on practical experience and will add to the utility of the book.
