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Authorities Under The Industrial Disputes Act
Authorities Under The Industrial Disputes Act
It shall be the duty of the working committee to promote measures for securing and
preserving amity and good relations between the employers and workmen and, to that
end, to comment upon matters of their common interest or concern and to endeavor to
compose any material difference of opinion in respect of such matters and decision of
the works committees are not binding.
For promoting and settlement of industrial disputes the appropriate Government may
by notification in the Official Gazette, appoint such number of conciliation officer as it
thinks fit. The main objective of appointing conciliation officer is to create congenial
atmosphere within the industry and reconcile the disputes of the workers and the
employers. He may be appointed for a specified area or for specified industries in a
specified area or for one or more specified industries and either permanently or for a
limited period.
The duty of the conciliation officer is not judicial but administrative. He has to hold
conciliation proceedings, investigate the disputes and do all such things as he thinks fit
for the purpose of inducing the parties to arrive at a fair settlement of the disputes. The
conciliation officer is entitled to enter an establishment to which the dispute relates,
after reasonable notice and also to call for and inspect any document which he consider
relevant. He has to send a report and memorandum of settlement to appropriate
Government. The report by the conciliation officer has to be submitted within 14 days
of the commencement of the conciliation proceeding or shorter period as may be
prescribed by the appropriate Government. The conciliation officer has the power to
enter the premises as well can call for and inspect documents.
It has the same powers as are vested in a Civil Court under the Code of Civil Procedure
1908, in the following matters—
The report of the Court must be signed by all the members. A member can submit a
note of dissent. The Report together with the dissenting note must be published by the
appropriate Government within 30 days from its report. A court of enquiry has no
power to improve any settlement upon the parties.
The appropriate Government may by notification in the Official Gazette, constitute one
or more labour court for adjudication of industrial disputes relating to any matters
specified in the Second Schedule. A labour court consists of one person only to be
appointed by the appropriate Government.
The main function of the labour court is to hold its proceedings expeditiously and
submit its award as the proceeding concludes.
he has for a period of not less than three years, been a District Judge or an Additional
District Judge or
he has held any judicial office in India for not less than seven years; or
he has been the presiding officer of a Labour Court constituted under any provincial
Act or State Act for not less than five years.
he must be an “ independent “ person and must not have attained the age of 65 years.
The appropriate Government may by notification in the Official Gazette, constitute one
or more Industrial Tribunals for adjudication of industrial disputes. A Tribunal shall
consist of one person to be appointed by the appropriate Government. The Appropriate
Government may appoint two persons as assessors to advise the Tribunal. The person
shall be not qualified unless—
he has for a period of not less than three years, been a District Judge or an Additional
District Judge.
The appropriate Government may, if it so thinks fit, may appoint two persons as
assessors to advise the Tribunal in the proceeding before it.
The functions of the Tribunals are very much like those of a body discharging judicial
functions, although it is not a Court. Its power is different from that of a Civil Court.
The proceedings before an Industrial Tribunal are quasi-judicial in nature with all the
attributes of a Court of Justice. The Government is empowered under Section 7-A of the
Act to constitute for a limited time which comes to an end automatically on the expiry
of the said period for any particular case. The duties of Industrial Tribunal are identical
with the duties of Labour Court, i.e. on reference of any industrial disputes; the
Tribunal shall hold its proceedings expeditiously and submit its award to the
appropriate Government.
The Central Government may, by notification in the Official Gazette, constitute one or
more National Industrial Tribunals for the adjudication of industrial disputes. National
Industrial Tribunals are involve only in case of the questions of national importance or
if they are of such a nature that industrial establishments situated in more than one
State are likely to be interested in, or affected by, such industrial disputes. It consists of
one person only to be appointed by the Central Government. The person shall not be
qualified for appointment as the presiding officer unless he is, or has been, a Judge of a
High Court. Beside these, the Central Government may, if it thinks fit, appoint two
persons as assessors to advise the National Tribunal in the proceedings before it.
under the Industrial Disputes Act 1947 , no employer who proposes to effect any
change in the conditions of service applicable to any workman in respect of any matter
specified in the Fourth Schedule, shall effect such change,-
without giving to the workmen likely to be affected by such change a notice in the
prescribed manner of the nature of the change proposed to be effected; or
PROVIDED that no notice shall be required for effecting any such change-
where the change is effected in pursuance of any 61[ settlement or award]; or
where the workmen likely to be affected by the change are persons to whom the
Fundamental and Supplementary Rules, Civil Services (Classification, Control and
Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil
Services Regulations, Civilians in Defense Services (Classification, Control and Appeal)
Rules or the Indian Railway Establishment Code or any other rules or regulations that
may be notified in this behalf by the appropriate Government in the Official Gazette,
apply.]