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Notes And Comments Industrial Disputes Act, 1947: Its - Role And ...
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order ln the country to a great extent, Consequently, in the year of 1929, "Trade Disputes Act" came into existence. This Act, indeed, ls said to be a precursor of new trend ln the field of Industrial relations In British India. The main motive behind its enactment was to regulate the relation between employer and employee and a step further to deal with the trade disputes arising out of the employment in the trade or lndustry. Some ofthe basic features of the Trade Disputes Act, ·1 920 were as under: (l) Provisions were made for Courts of Enquiry and Conciliation Boards;

172 CENTRAL INDIA LAW QUARTERLY [1994 machinery for peaceful settlements but the Conciliation Boards and Courts of Enquiry were of adhoc nature, however this Act contained special provisions regarding strike in public utility services and in general whereof community was affected as a whole. ln this context it is pertinent to mention Richard Lester who observed that: "The community as a whole has an interest in industrial relations/and labour disputes; strikes and Iockouts may inconvenience many persons by stopping the flow of essential services much as transportation and electricity, or a essential commodities like foods and fuel. Work ‘ stoppages

also cause the whole community to suffer ` a large economic loss, while an accompanying boycott may result in economic lniury to persons or firms not directly involved in the dispute. Presumably the Govemment should afford some protection to third parties and prevent the dispute from degenerating into industrial anarchy"1. _ 4. ln 1934 the separate Bombay Trade Disputes (Conciliation) Act 1934 was enacted to meet out the trade disputes and conciliation matters arising within the iurisdictlon of the then Bombay Circle. The element of conciliation was added in this Act with the reflections received from the conciliation Act of 1896 of England. ln 1938 the Trade Disputes Act of 1929 was amended, whereof, the Central and Provincial governments were authorised to appoint conciliation officers for mediating in and, or promoting settlement of Industrial Disputes.- The amendments so made in the said Act were the partial result of Whitley Commission Report and the review ofthe working of the Bombay Trade Disputes (Conciliation) Act, 1934. 5. The national scenario in and around 1935-45 was very different and the government policy at that moment of time was more or less of ‘Laissez Faire' because of the freedom movement within India

Vllzll INDUSTRIAL DISPUTES ACT, 1947 173 industrial disputes were of only selective naturez where the intervention was completed by appointing a authority which would investigate into the dispute and make suggestions to the parties for settlement. During World ll, Defence of India Rule was passed wherein, under Rule 81 A, it was provided that appropriate government shall have the powers to intervene in industrial disputes and appoint industrial tribunals for the adiudication of industrial disputes, and enforce implementation of the tribunals award on all the parties. This rule prohibited the strikes and lock-outs during the _ pendency ofthe conciliation or adiudication of the industrial dispute even two months thereafter, and on all such strikes which were not backed by the genuine trade disputes. This rule worked to meet the growing demand of adiudicatloniconciliation to the extent that, the state of ‘Laissez Faire' in matters of Industrial dispute was almost wanting and as a matter of fact large number of cases with different nature of problems were disposed off, not only that number of good principles were established in the dealing of such cases. But as the rule 81 Awas to get lapsed on 1st Oct. 1946, the instrument oi Emergency