PROCEDURE FOR SETTLEMENT OF INDUSTRIAL DISPUTES AND AUTHORITIES UNDER THE ACT

PRESENTED BY: TANYA VERMA 2439 ADITI RANA 2475

INDUSTRIAL CONFLICTS/DISPUTES
Definition of a Dispute According to the Industrial Dispute Act, 1947, Section 2(k), Industrial disputes 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 nonemployment or terms of employment or with the conditions of labor of any person.

Unit 7 - Industrial Disputes

Authorities under Industrial Disputes Act

1. Works committee (sec. 3) 2. Conciliation officer (sec. 4) 3. Board of conciliation (Sec. 5) 4. Courts of inquiry (sec. 6) 5. Labor court (sec. 7) 6. Tribunal (sec. 7 a) 7. National Tribunals (sec. 7 b)

1. Conciliation:- The authorities that make use of conciliation as a method of settlement of industrial disputes are: a). Works committees. b). Conciliation officers. c). Boards of conciliation. d). Courts of Inquiry. 2. Adjudication:The authorities that make use of adjudication as a method of settlement of industrial disputes are:a). Labor Courts. b). Industrial Tribunals. c). National Tribunals.

MODES OF SETTLEMENT OF DISPUTES UNDER THE ACT:-

CONCILIATION MACHINERY
1. Works Committees ( sec. 3):Incase of any industrial establishment in which 100 or more workmen are employed or have been employed on any day in the proceeding 12 months, the appropriate government may, by general or special order, require the employer to constitute a works committee.
OBJECTIVE:- The object of Works committee is to secure industrial

harmony and to promote amity and good relations between an employer and the workmen.

POWERS AND DUTIES:-

a.) Promote measures for securing and preserving amity and good relations between the employers and workmen. b.) Comment upon matters of their common interest or concern. c.) Endeavour to compose any material difference of opinion in respect of such matters.

2.CONCILIATION OFFICER ( SEC 4)

APPOINTMENT:-

A Conciliation Officer may be appointed for a specified area of for specified industries in a specified area of for one or more specified industries. He may be appointed either permanently or for a limited period. To hold conciliation proceedings:- where any industrial dispute exists or is apprehended , the Conciliation officer may hold conciliation proceedings. To investigate the dispute:- The conciliation Officer shall investigate the dispute and all matters affecting the merits and the right settlement thereof. To send report and memorandum of settlement to appropriate Government. To send a full report to the appropriate Government setting forth the steps taken by him in case no settlement is arrived at.

DUTIES:1.

2.

3. 4.

POWERS:
1. Power to enter premises:- A conciliation officer may for

the purpose of inquiry into an existing or apprehend industrial dispute , after giving reasonable notice, enter the premises occupied by the establishment to which the disputes relates.

2. Power to call for and inspect documents:- He may call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under the act.

FURTHER REFERENCE BY THE APPROPRIATE GOVERNMENT IF NO REFERENCE IS MADE , REASONS TO BE COMMUNICATED TO THE PARTIES.

If, on a consideration of the report of the Conciliation Officer, the appropriate Government is satisfied that there is a case for reference to a Board of Conciliation, Labor court, Industrial Tribunal or National Tribunal , it may make such reference. Where the appropriate Government does not make such a reference , it shall record and communicate to the parties concerned its reasons therefore. The discretion vested in the Government in the matter of making or refusing to make a reference must be exercised with care after taking into account all material factors and keeping aside all consideration which are extraneous to the issue.

BOARDS OF CONCILIATION :APPOINTMENT AND CONSTITUTION:The appropriate Government may as occasion arises, by notification in the Official Gazette, constitute a Board of Conciliation for promoting the settlement of an industrial dispute.

DUTIES:
1.) To bring about a settlement of dispute:- The board shall , without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof. 2.) To send a report and memorandum of settlement to the appropriate Government. 3.) To send a full report to the appropriate Government setting forth the steps taken by the board in case no settlement is arrived at. 4.) To communicate reasons to the parties if no further reference made. 5.) to submit report within 2 months.

POWERS:-

1.Power to enter premises:-A member of a board may for the purpose of inquiry into an existing or apprehend industrial dispute , after giving reasonable notice, enter the premises occupied by an establishment to which the dispute relates. 2. Powers to Civil Court:- A Board shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters----a.) enforcing the attendance of any person and examining him on oath; b.) compelling the production of documents and material objects; c.) issuing commissions for the examination of witness; d.) in respect of such other matters as may be prescribed.

REFERENCE OF DISPUTE:Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended , it may at any time, by order in writing, refer the dispute to a Board of Conciliation for promoting a settlement thereof.

Prohibition of strike or lock out :where an industrial dispute has been referred to a board under sec.10, the appropriate government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.

Constitution of the court of enquiry

A court may consist of one independent

person or of such number of independent persons as the appropriate government may think fit . Where a court consist of 2 or more members , one of them shall be appointed as the chairman[Sec. 6(2) ]

DUTIES ..
The act empowers the appropriate government to

constitute a Court of Enquiry to inquire into any matter appearing to be connected with or relevant to an industrial dispute and submit its report to the appropriate government ordinarily within 6 months from the commencement of the inquiry. The primary objective of the Court is to inquire into and reveal the causes of an industrial dispute. The report of the court shall be in writing & signed by all the members of the court . Any member of the court may record minutes of the decent sent from a record or from any recommendation therein[Sec. 16 (1)]

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Powers of the court of enquiry

POWER TO ENTER PREMISESA member of court may for the purpose of inquiry into an existing or apprehended industrial dispute , after giving reasonable notice , enter the premises occupied by any establishment to which a dispute relates.[Sec. 11(2)]. POWERS OF CIVIL COURTA court shall have the same powers as are vested in a civil court under the code of civil procedure 1908,which area) Enforcing the attendance of any person & examining him on oath. b) Compelling the production of documents & material objects. c) Issuing commissions for the examination of witnesses. d) In respect of such matters as may be prescribed. A court may if it thinks fit ,appoint 1 or more persons having special knowledge of the matter of consideration as assessor or assessors to advice it in proceedings before it.[Sec.7(1)]

REFERENCE OF DISPUTE:Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at anytime, by order in writing, refer any matter appearing to be connected with or relevant to the dispute to a Court for inquiry. Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a court, the appropriate Government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly.

Compulsory arbitration or adjudication

Although the state has devised methods for

the peaceful settlement of industrial disputes, it is clear that these do not guarantee a smooth end to disputes. The main idea behind the imposition of compulsory arbitration is to maintain industrial peace by requiring the parties to refrain from causing work-stoppages and providing a way for settling the disputes.

 ADJUDICATION-A judicial process for settlement of Industrial Disputes. The Industrial Disputes Act provides for a threetier system for adjudication of industrial disputes that consists of Labor Court, Industrial Tribunal &

National Tribunal.

The authorities acquire jurisdiction to adjudicate in a dispute under the order of reference issued

by the appropriate government.

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LABOUR COURTS(Sec. 7)
APPOINTMENT & CONSTITUTION- The appropriate Government may by notification in the official Gazette, constitute one or more Labour courts for adjudication of industrial dispute relating to any matter specified in the second schedule . The labour shall consist of one person only to be appointed by the appropriate Government[Sec 7(2)]. MATTERS WITHIN THE JURISDICTION OF LABOUR COURTS.
The propriety or legality of an order passed by an employer under standing order. 2. The application & interpretation of standing order. 3. Discharge or dismissal of workmen including reinstatement or grant of relief to workmen wrongfully dismissed. 4. Withdrawal of any customary concession or privilege. 5. Illegality or otherwise of a strike or lockout. 6. All matters other than those specified in third schedule
1.
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Qualifications.
A person shall be qualified as the presiding officer of a labour court if only: He is or has been a judge of high court .; or He has ,for a period for not less than 3 years, been a district

judge or an additional District judge ; or He has been the presiding officer of a labour court constituted under any Provincial Act for not less than 5 years.

Disqualifications.
Sec . 7-C provides that no person shall be appointed to, or continue in, the office of presiding officer of a labor court if:A. He is not an independent person B. He has attained the age of 65 years.

Duties.
1. To adjudicate upon industrial disputes relating to

matters specified in the second schedule.[sec .7(1)]. 2. To give award within the specified period Where an industrial dispute has been referred to a labour court it shall hold its proceedings expeditiously & shall with in the period specified in the order referring the dispute , submit its award to the appropriate government.[Sec. 15] 3.Award to be in writing & signed & its publication The award of labour court shall be in writing & shall be signed by its presiding officer..within 30 days from the receipt by the Appropriate Government , be published as the Appropriate Government thinks fit

Powers.
1. Power to enter premises The presiding officer of a
labour court may for the purpose of inquiry into an existing or apprehended industrial dispute enter the premises occupied by any establishment to which the dispute relates. He must however give a reasonable prior notice.[Sec . 11(2)]

2.Power of civil court A labor court shall have the same

powers as the civil court under The Code of Civil Procedure.1908. which are;Enforcing the attendance of any person & examining him on oath, Compelling the production of documents & material objects Issuing commissions for the examination of witnesses.

REFERENCE OF DISPUTES:Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing refer the dispute or any matter appearing to be connected with, or relevant to, the dispute to a Labor Court for adjudication. T he matter must however relate to any matter specified in the Second scheduled .

Where the dispute relates to any matter specified in the Third schedule and is not likely to affect more than 100 workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labor Court.

INDUSTRIAL TRIBUNAL.
Appointment & constitution . The appropriate Government may by notification in the Official Gazette , constitute one or more industrial tribunal for the adjudication of industrial disputes relating to any matter , whether s specified in the second or third schedule.[Sec 7 A(1)]. MATTERS WITHIN JURISDICTION OF INDUSTRIAL TRIBUNAL 1. Wages , including the period & mode of payment 2. Compensatory and other allowances. 3. Hours of work & rest intervals. 4. Leave with wages & rest intervals. 5. Bonus ,profit sharing , provident funds and gratuity

6.Shift working otherwise than in accordance with standing order. 7.Classification by grades. 8.Rules of discipline. 9.Rationalisation. 10.Retrenchment of workmen & closure of establishment.

QUALIFICATIONS A person shall be qualified for appointment as the presiding officer of the tribunal if only: He has been a judge of high court or He has for a period of not less than 3 years , been a district judge or an additional district judge

DISQUALIFICATIONS

No person shall be appointed or continue in

the office of presiding officer of a Tribunal if:1. He is not an independent person 2. He has attained the age of 65 years.(Sec. 7c) POWERS OF INDUSTRIAL TRIBUNAL. Powers to enter premises :- The presiding officer of a Tribunal may for the purpose of inquiry into an existing or apprehended industrial dispute after giving a reasonable notice, enter the premises occupied by any establishment to which the dispute relates.[Sec.11(2)]

2.Powers of civil court:A tribunal shall have the same powers as are vested in civil court under The Code of Civil procedure 1908 namely: Enforcing the attendance of any person &

examining him on oath, Compelling the production of documents & material objects Issuing commissions for the examination of witnesses.
3.Powers to appoint assessors A court may if it thinks
fit ,appoint 1 or more persons having special knowledge of the matter of consideration as assessor or assessors to advice it in proceedings before it.[Sec 11(5)]

4.Power to award cost.

Subject to any rules made under this Act, the costs of, and incidental to, any proceedings before a National tribunal shall be in the discretion of the National Tribunal . Further it shall have full power to determine be & to whom & to what extent & subject to what conditions, if any , such costs are to be paid.[Sec. 11 (7)]

DUTIES OF INDUSTRIAL TRIBUNALS.

Where an industrial tribunal has been referred to a Tribunal for adjudication, it shall hold its

proceedings expeditiously & shal within the period specified in the order referring such industrial dispute , submit its award to the appropriate Government(Sec. 15) Award to be in writing & signed & its publication The award of the tribunal shall be in writing & shall , within 30 days from the receipt by the appropriate Government be published in such matter as the appropriate Government may think fit.[Sec.17(1)].

REFERENCE OF DISPUTES:Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing , refer the dispute or any matter appearing to be connected with, or relevant to the dispute, whether it relates to any matter specified in the second Schedule or the Third Schedule, to a Tribunal for adjudication.

PROBITION OF STRIKE OR LOCK-OUT:Where an industrial dispute has been referred to a Tribunal, the appropriate Government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.

NATIONAL TRIBUNAL(SEC.7-B)
Appointment .The Central Government may by notification in the official gazette ,constitute one or more National Industrial Tribunals for the adjudication of industrial dispute which , in the opinion of Central Government ,involve questions of national importance or are of such a nature that industrial establishment situated in more than one state are likely to be interested in ,or affected by such disputes(Sec. 7-B(1)] Constitution- A National Tribunal shall consist of one person only to be appointed by central Government[Sec. 7 B(2)] Qualification-A person shall not be disqualified for appointment as presiding officer of a National Tribunal unless he is , or has been a judge of high court.[Sec 7-B(3)] The central Government may , if it thinks fit ,appoint 2 persons as assessors to advice the National Tribunal[Sec. 7B(3)].

DISQUALIFICATIONS-(sec. 7-c) No person shall be appointed to , or continue in , the office of the presiding officer of a National Tribunal if 1. He is not an independent person. 2. He has attained the age of 65 years. DUTIES OF NATIONAL TRIBUNAL. Where an industrial dispute has been referred to National Tribunal for adjudication, it shall hold its proceedings expeditiously and with in the period specified in the order referring such industrial dispute , submit its award to the appropriate Government.(sec.15) The award shall be in writing & signed by the presiding officer of the National Tribunal. It shall be with in a period of 30 days from the date of its receipts by the appropriate government be published in such a manner as the Government thinks fit.

Powers of National Tribunal. Power to enter premises1. The presiding officer of a National Tribunal may for the

purpose of inquiry into any apprehended industrial dispute , after giving reasonable notice enter the premises of the establishment to which the dispute relates.[Sec.11(2).] 2. Powers of civil courts A national tribunal shall have the same powers as are vested in a civil court under the code of civil procedure.1908 which are Enforcing the attendance of any person & examining him on oath Compelling the production of documents & material objects. Issuing commissions for the examination of witnesses

3. Power to appoint assessors

It may if it so thinks fit , appoint one or more persons

having special knowledge of the matter under consideration as assessor to advice it in proceedings before it.[Sec. 11(5)]

4.Power to award costs.

Subject to any rules made under this Act, the costs of, and incidental to, any proceedings before a National tribunal shall be in the discretion of the National Tribunal . Further it shall have full power to determine be & to whom & to what extent & subject to what conditions, if any , such costs are to be paid.[Sec. 11 (7)]

REFERENCE OF DISPUTES:sometimes the central government may be of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishment situated in more than one state are likely to be interested in, or affected by, such dispute should be adjudicated by a national tribunal. in such a case , the central government may , at any time by order in writing, refer the dispute or any matter appearing to be connected with , or relevant to, the dispute , whether it relates to any matter specified in the second schedule or the third schedule, to a national tribunal for adjudication.