What is the process for raising an industrial dispute?

What the Law Says

The Industrial Disputes Act, 1947 governs how industrial disputes are raised, investigated, and resolved in India. It defines 'industrial dispute', sets out procedures for raising disputes, and empowers government authorities to intervene.

An 'industrial dispute' is defined under Section 2(k) as 'any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person.'

Under Section 10, the appropriate Government may refer an industrial dispute to a Board of Conciliation, Labour Court, Tribunal, or National Tribunal if it deems it necessary in the public interest or upon receiving a request from either party.

Section 12 mandates that where a dispute exists, the Conciliation Officer must hold conciliation proceedings within 14 days of receiving notice and submit a report within 14 days thereafter — i.e., within 30 days total.

Before resorting to a strike or lockout, Section 22 requires workers or employers to give 15 days’ notice (or wait 14 days after giving notice) if employed in a public utility service; Section 23 prohibits strikes and lockouts during conciliation or adjudication proceedings.

Statutory Text

any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person

— Industrial Disputes Act, 1947, s. 2(k) — Definition of industrial dispute

Statutory Text

Where any industrial dispute exists or is apprehended, the appropriate Government may, at any time, either of its own motion or on the application of any party to the dispute, by order in writing, refer the dispute to a Board for promoting a settlement thereof.

— Industrial Disputes Act, 1947, s. 10(1) — Reference of disputes

Statutory Text

The Conciliation Officer shall hold conciliation proceedings in the prescribed manner and shall send a report to the appropriate Government within fourteen days of the commencement of the proceedings.

— Industrial Disputes Act, 1947, s. 12(2) — Duties of Conciliation Officer

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