Wednesday, 26 January 2022

Penalties under Industrial Disputes Act,1947

 Below are the various penalties under the Industrial Disputes Act, 1947-


Section 26 of the Industrial Disputes Act, 1947 provides a penalty for illegal strikes and lockouts. According to section 26(1), a penalty can be imposed on any workman who satisfies the two conditions i) continues, commences any act in furtherance of a strike. ii) The strike must be illegal under this Act. A workman who is found guilty shall be punished with imprisonment, which may extend to one month, or a fine that may extend to fifty rupees or both.

Section 26(2) of the Act provides punishment for the employer. According to it an employer who commences or continues any acts in furtherance of a lockout and such lockout is illegal. Such employer shall be punishable with imprisonment which may extend to one month or a fine of one thousand rupees (maximum) or maybe punished with both.

It is to be noted that only criminal courts have a competent jurisdiction for taking the cognizance of such offense and not any authorities established under the Industrial Disputes Act. And the complainant is the appropriate government under this Act.

Section 27 provides the penalty for instigation, etc. According to this section whoever instigate others to take part in any kind of illegal lock-out or strike, incite others to take part in illegal lock-out or illegal strike or acting in furtherance of a lock-out or strike which is illegal may be punished with imprisonment which may extend to six months or fine which may extend to rupees one thousand or with both.

Under section 27, the punishment is not provided only to a workman or employer but also to any person who satisfies the ingredient of this section.

Section 28 speaks about penalty for giving financial aid to illegal strikes and lock-outs. According to this section, any person who knowingly provides any financial aid to illegal strikes and lock-outs shall be punished with imprisonment which may extend to six months or with a fine of Rs. one thousand or with both.

Under Section 28 any person may be punished if the person satisfies the ingredients of it and not necessarily be any workman or employer.

Section 29 lays the penalty for breach of settlement or award. According to this section, any person who satisfies the ingredients of this section shall be punished with imprisonment which may extend to six months or with a fine or with both. And if the offense is a continuing one then the court may increase the fine to rupees 200 for every day during such breach.

The following ingredients need to be satisfied-

  1. Breach of an award or settlement for the time being in force.

  2. The award or settlement must be valid.

  3. The award or settlement must be binding.

  4. The accused must be responsible for the breach.

  5. The complainant must be the appropriate government.

Section 30 provides penalty for disclosing confidential information. Mens rea is necessary under this section. Any person who wilfully discloses any confidential information which are laid under section 21 of this Act shall be punished imprisonment which may extend to six months or fine which may extend to rupees one thousand or with both.

Section 30-A provides penalty for closure without notice. An employer shall be punishable with a term of imprisonment for a term which may extend to six months or with fine which may extend to rupees five thousand or with both.









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