Labour Law Assignment Essay Example

Labour Law Assignment Essay Example Labour Law Assignment Essay Labour Law Assignment Essay INTRODUCTION:- 1) Definition of Industry As per Section 2(j) of Industrial Disputes Act, 1947 â€Å"Industry† means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,- Definition of industry before amendments in 1982:- Industry means any business, trade, undertaking, manufacture or calling of employees and includes any callings, service, employment, handicraft or Industrial occupation or avocation of workmen. ) any capital has been invested for the purpose of carrying on such activity; or ii) such activity is carried on with a motive to make any gain or profit, and includes- a) any activity of the Dock Labor Board established und er section 5-A of the Dock Workers any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include- b) Any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation:- For the purposes of this sub-clause ,† agricultural operation† does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantation Labour Act,1951 1) hospitals or dispensaries 2) educational, scientific, research to training institutions 3) institutions owned or managed by organizations wholly or substantially engaged in any charitable ,social or philanthropic service, any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Governments dealing with defense research , atomic energy and space 4) any domestic service ) any activity ,being a profession practiced by an individual or body of individuals ,if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten 6) Any activity , being an activity carried on by a co-operative society or a club or any oth er like body of individuals , if the number of persons employed by the co-operative society ,club or other like body of individuals in relation to such activity is less than ten 2) Definition of Industrial Dispute As per Section 2(k) of ID Act, 1947 â€Å"industrial dispute† means 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 dispute means any dispute or difference between – Three ingredients are:-  ¦ Any person who is a workman employed in an industry can raise an industrial dispute. A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward.  ¦   It excludes those employed in managerial or administrative capacity. In dustry means any business, trade, undertaking, manufacture and includes any service, employment, handicraft, or industrial occupation or avocation of workmen EXAMPLES:- 1) While Tata Motors has decided to move its Nano factory out of Singur after violent protests by farmers, this isnt the first time that there has been a standoff between industry and farmers unwilling to surrender land. )   In August, the Supreme Court gave South Korean steel firm POSCO the use of large swathes of forestland in Orissa for a $12-billion plant that protesting farmers said would displace thousands of people. The protests delayed the start of construction on the plant, which could be Indias single biggest foreign investment to date. 3) In the same month, the Supreme Court allowed Vedanta Resources to mine bauxite in hills considered sacred by tribal people in Orissa. The mining would feed an alumina refinery, part of an $800-million project that has been widely opposed. Environmentalists say the open- cast mine will wreck the rich biodiversity of the remote hills and disrupt key water sources vital for farming. 3) Definition of Workman As per Section 2(s) of ID Act, 1947 workman† means any person (including an apprentice) employed in any industry to do any manual ,unskilled ,skilled ,technical ,operational ,clerical or supervisory work for hire or reward ,whether the terms of employment be express or implied ,and for the purposes of any proceeding under this Act in relation to an industrial dispute ,includes any such person who has been dismissed ,discharged or retrenched in connection with ,or as a consequence of ,that dispute ,or whose dismissal ,discharge or retrenchment has led to that dispute ,but does not include any such person- i) who is subject to the Air Force Act,1950 (45 of 1950),or the Army Act,1950(46 of 1950), or the Navy Act,1957(62 of 1957) ii) who is employed in the police service or as an officer or other employee of a prison iii) Who is employed mainly i n a managerial or administrative capacity iv) Who being employed in supervisory capacity, draws wages exceeding Rs. 1600