THE INDUSTRIAL DISPUTES ACT 1949

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Different types of industries plays vital role in the economy of the country. Small scale industries that involve labor of the employees or workers promote economic growth of the country. Any disputes or problems occur in a particular industry is normally dealt with the respective management. If the aggrieved doesn’t get an opportunity to submit his grievance or get a solution for his problem from the management he can approach the court of competent jurisdiction.  There are several acts relating to the procedures and remedies in relation to the disputes in various industries.

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 The industrial disputes act 54 of 1949 of banking and company’s deals with the laws and procedures relating to the matters of banking and insurance companies. Banking and insurance are one of the most important fields which deal with the revenue of the country. The disputes in these arenas are subject to the industrial disputes act banking and insurance of 1949. The act extends to the whole of India except the state of Jammu and Kashmir. The act includes 7 sections which briefs the procedures to be adopted while considering the arguments or differences in the banking and insurance field. The act is applicable to the banks or insurance companies that have branches in more than one state in India. Section 2 of the definition clause states that the meaning of banking or insurance companies, disputes are having the same effect mentioned in the act of 1947. Section 4 is an important section in the whole act which affirms the limitation of state government to recommend or refer certain disputed matters in the banking and insurance field to any tribunals or quasi judicial adjudication. The state government or any officer under the control of state government is not having any authority to refer such matters to any tribunal by virtue of section 4. Section 5 of the act dealt with the status of any proceedings, before any tribunal relating to the dispute in insurance and banking industry before the commencement of this act. Any disputed matter or proceedings in relation to the dispute or proceeding referred by the state government to any tribunal before the enactment on 30th April 1949, the pending matter at any stage is regarded as withdrawn and shall be abated. Section 5 is applicable to any authority of adjudication to any matter referred to them by the state government or subordinates to the state government before the existence of the act.  Section 5 sub clause 2 states the power of central government to refer the dispute to the industrial tribunal in accordance with the provisions of the act.

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Section 6 deals with the power of central government for re-adjudication of any dispute referred to any tribunal by the state government or sub ordinate to state government before the commencement of the act. Central government by virtue of section 6 by order of writing can direct to discontinue or cease the operation of such adjudication which is referred to the tribunal by the state government or subordinate to state government. The entire decision or a part of the decision can be ceased by the central government by virtue of section 6, sub clause 1and 2. section 7 of the act is the repealing section which affirms that by the enactment of act 54 of 1949, the industrial disputes act banking and insurance act 24 of 1949 is repealed or withdrawn and the section are not applicable to any adjudication relating to any matters of dispute in banking and insurance field. The second ordinance of act of 24 of 1949 by virtue of the enactment of act 54 of 1949 does not have the status of an operative law in existence.

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