LAY-OFF [Sec.

2 (kkk0]
It means the failure, refusal or inability of an employer on account of the
shortage of coal, power or raw material or the accumulation of stocks or the
breakdown of machinery or natural calamity or for any other connected reason to
give employment to a workman whose name is borne on the muster rolls of his
industrial establishment and who has not been retrenched.
Lay-off does not involve alteration in the conditions of service. A lay off is not
the same this as the order of dismissal. It is more akin to an order of suspension.

LOCK-OUT
It means temporary closing of a place of employment or the suspension of work or
the refusal by an employer to continue to employ any number of persons employed
by him. Under the present definition, two alternative acts of the
employer constitute a lockout.
o Temporary closing of a place of employment or suspension of work; or
o Refusal to continue to employ any number of persons employed by him.

THE FIRST SCHEDULE

The appropriate Government may, if satisfied that public emergency or interest so
requires, by notification in the official Gazette, declare any industry specified in the
First Schedule to be a public utility service for the purposes of the industrial
Disputes Act for such period as may be specified in the notification.

RETRENCHMENT [Sec.2 (oo)]

The term as used in the industrial Disputes Act means the termination by the
employer of the service of a workman for any reason whatsoever otherwise than as a
punishment inflicted by way of disciplinary action. Thus, the discharge of a
workman on the ground that she did not pass the test, which would have enabled her
to be confirmed, was ‘Retrenchment’ [Santosh Gupta Vs State Bank of Patiala,
AIR (1980) SC 687.
‘Retrenchment’ does not, however, include-

(i) Voluntary retirement of a workman; or

(ii) Retirement of the workman on reaching the age of
 superannuation if the contract of employment between the
employer and workman contains a stipulation in the behalf; or
(iii) Termination of the service of a workman on the ground of
continued ill health.
SETTLEMENT [Sec.2 (p)]
It means-
• a settlement arrived at in the course of conciliation proceedings
which may be held by a conciliation officer or Board of
Conciliation, and includes
• a written agreement between the employer and workmen arrived at
otherwise than in the course of conciliation proceeding where such
agreement has been signed by the parties thereto in the prescribed
manner and a copy thereof has been sent to an officer authorised in
this behalf by the appropriate Government and the conciliation officer.

STRIKE [Sec.2 (q)]

It means-

• a cessation of work by a body of persons employed in any

industry acting in combination; or
• a concerted refusal of any number of persons who are or have been
so employed to continue to work or to accept employment; or
• a refusal under a common undertaking of any number of such
persons to continue to work or to accept employment.
But mere absence of a workman from work does not amount to taking part
in a strike within the meaning of the Industrial Disputes Act, 1947. There should be
some evidence to show that his absence was the result of some concert between him
and other persons and they would not continue to work.

WORKMAN [Sec.2(s)]
‘Workman’ means any person (including an apprentice0 employed in any
industry to do any manual, unskilled, skilled, technical, operational, clerical or
supervisory work for hire or reward. His terms of employment may be express or
implied. For the purpose of any proceeding under this Act in relation to an
industrial dispute, ‘workman’ includes any 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.
AUTHORITIES UNDER THE ACT
The Act provides for the constitution of various authorities for the purpose of
prevention and settlement of industrial disputes. These are as under –
• Works committee
• Conciliation officers
• Board of conciliation
• Courts of inquiry
• Labour courts
• Industrial tribunals, and
• National tribunals
A brief description of the constitution, powers and duties of the various
authorities is given below: