Penalties under Industrial Dispute Act 1947

Penalties under Industrial Dispute Act 1947

Industrial Dispute Act 1947 act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes. The act lays down penalties for various offences.

They are as follows:-

• Section 25Q – Lay-Off or Retrenchment without prior permission – Contravening the provisions of Section 25-M or 25-(N) || Penalty – Workman entitled to all benefits as if they had not been laid off. Employer shall be punishable with imprisonment upto 1 month and / or fine upto Rs. 1000.
• Sec.25-R(1) – Illegal Closure: – Closing down an undertaking without complying with the provisions of Section 25-O(1) || Penalty – Workman entitled to all benefits as if there had not been any closure. Employer shall be punishable with imprisonment upto 6 month and / or fine upto Rs. 5000.
• Sec.25-R(2) Contravening an order refusing permission to close down the undertaking under Section 25-O or direction given under Section 25-P || Penalty – Workman entitled to all benefits as if there had not been any closure. Employer shall be punishable with imprisonment upto 1 year and / or fine upto Rs. 5000, with a further fine of upto Rs. 2000 for each day of contravention after conviction.
• Sec.25-T, 25-U – Committing an Unfair Labour Practice. || Penalty Imprisonment upto 6 months and / or fine upto Rs. 1000.
• Sec.26 (1) – Illegal strikes by a workman – workman who commences, continues or otherwise acts in furtherance, of, a strike which is illegal under that Act || Penalty – Imprisonment for 1 month and / or fine upto Rs. 50.
• Sec.26 (2) – Illegal lockout -employer who commences, continues, or otherwise acts in furtherance of a lock-out which is illegal under this Act || Penalty – Imprisonment for 1 month and / or fine upto Rs. 1000.
• Sec.27 – Instigation – 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 that Act. || Penalty – Imprisonment for 6 month and / or fine upto Rs. 1000.
• Sec.28 – Financial Assistance to a Strike – Any person who knowingly expends or applies any money in direct furtherance or support of any illegal strike or lock-out. || Penalty – Imprisonment for 6 month and / or fine upto Rs. 1000.
• Sec.29 – Breach of settlement or award binding under the act. || Penalty – Imprisonment for 6 month and / or fine + an additional fine of Rs. 200 per day if breach continues after conviction.
• Sec.30 – Disclosing confidential information in contravention of the provisions of Section 21 || Penalty – Imprisonment for 6 month and / or fine Rs. 1000.
• Sec.30-A – Closing down any undertaking without complying with the provisions of Section 25-FFA || Penalty – Imprisonment for 6 month and / or fine Rs. 5000.
• Sec.31(1) – Contravention of Section 33 – Service conditions remaining unchanged during pendency of proceedings || Penalty – Imprisonment for 6 month and / or fine Rs. 1000.
• Sec.31(2) – Contravening any other provision where specific penalty is not provided for. || Penalty – Fine upto Rs. 100.

CONCLUSION

Therefore, Industrial Dispute Act, 1947 lays down these penalties for various offences.

By – Shubhi Pandey

(R.D. Vishwavidyalaya)

Reference

Lawmann’s Industrial Dispute Act 1947

Law Notes on Labour Law