settlement authorities

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PROCEDURE FOR SETTLEMENT OFINDUSTRIAL DISPUTES ANDAUTHORITIES UNDER THE ACT

PRESENTED BY:

TANYA VERMA 2439

ADITI RANA 2475


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INDUSTRIAL CONFLICTS/DISPUTES

Definition of a Dispute According to the Industrial Dispute Act, 1947,Section 2(k), Industrial disputes means anydispute or difference between employers andemployers, or between employers and workmenor between workmen and workmen, which isconnected with the employment or non-employment or terms of employment or withthe conditions of labor of any person .

Unit 7 - Industrial Disputes


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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)


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MODES OF SETTLEMENT OF DISPUTES UNDERTHE ACT:-

1. Conciliation :- The authorities that make use ofconciliation as a method of settlement of industrialdisputes 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 amethod of settlement of industrial disputes are:-a). Labor Courts.b). Industrial Tribunals.c). National Tribunals.


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CONCILIATION MACHINERY . Works Committees ( sec. 3):-

Incase of any industrial establishment in which 100 or more workmenare employed or have been employed on any day in the proceeding12 months, the appropriate government may, by general or specialorder, require the employer to constitute a works committee.

OBJECTIVE :- The object of Works committee is to secure industrialharmony and to promote amity and good relations between anemployer and the workmen.

POWERS AND DUTIES:-

a.) Promote measures for securing and preserving amity and goodrelations 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.


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2.CONCILIATION OFFICER ( SEC 4)

APPOINTMENT :- A Conciliation Officer may be appointed for aspecified area of for specified industries in a specified area of forone or more specified industries. He may be appointed eitherpermanently or for a limited period.

DUTIES:-

1. To hold conciliation proceedings:- where any industrial disputeexists or is apprehended , the Conciliation officer may holdconciliation proceedings.

2. To investigate the dispute:- The conciliation Officer shallinvestigate the dispute and all matters affecting the merits and theright settlement thereof.

3. To send report and memorandum of settlement to appropriateGovernment.

4. To send a full report to the appropriate Government setting forth thesteps taken by him in case no settlement is arrived at.


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

the purpose of inquiry into an existing or apprehendindustrial dispute , after giving reasonable notice, enterthe premises occupied by the establishment to which thedisputes relates.

2. Power to call for and inspect documents:- He may call for

and inspect any document which he has ground forconsidering to be relevant to the industrial dispute or tobe necessary for the purpose of verifying theimplementation of any award or carrying out any otherduty imposed on him under the act.


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If, on a consideration of the report of the Conciliation Officer,the appropriate Government is satisfied that there is a casefor reference to a Board of Conciliation, Labor court,

Industrial Tribunal or National Tribunal , it may make suchreference. Where the appropriate Government does notmake such a reference , it shall record and communicate tothe parties concerned its reasons therefore.The discretion vested in the Government in the matter ofmaking or refusing to make a reference must be exercisedwith care after taking into account all material factors andkeeping aside all consideration which are extraneous to theissue.

FURTHER REFERENCE BY THE APPROPRIATEGOVERNMENT IF NO REFERENCE IS MADE , REASONS TO

BE COMMUNICATED TO THE PARTIES.


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BOARDS OF CONCILIATION :-

APPOINTMENT AND CONSTITUTION:-The appropriate Government may as occasion arises, by notification inthe Official Gazette, constitute a Board of Conciliation for promotingthe 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 rightsettlement thereof.

2.) To send a report and memorandum of settlement to the appropriateGovernment.

3.) To send a full report to the appropriate Government setting forth thesteps 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.


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P POWERS:-

1.Power to enter premises:-A member of a board may for thepurpose of inquiry into an existing or apprehend industrialdispute , after giving reasonable notice, enter the premisesoccupied by an establishment to which the dispute relates.

2. Powers to Civil Court:- A Board shall have the samepowers as are vested in a Civil Court under the Code of CivilProcedure, 1908, when trying a suit in respect of thefollowing matters-----

a.) enforcing the attendance of any person and examininghim on oath;b.) compelling the production of documents and materialobjects;c.) issuing commissions for the examination of witness;d.) in respect of such other matters as may be prescribed.


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Prohibition of strike or lock out :-

where an industrial dispute has been referred to a boardunder sec.10, the appropriate government may by orderprohibit the continuance of any strike or lock-out inconnection with such dispute which may be in existence onthe date of the reference.

REFERENCE OF DISPUTE :-

Where the appropriate Government is of opinion that any industrialdispute exists or is apprehended , it may at any time, by order inwriting, refer the dispute to a Board of Conciliation for promoting asettlement thereof.


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Constitution of the court of

enquiryA court may consist of one independentperson or of such number of independentpersons as the appropriate government maythink fit . Where a court consist of 2 or moremembers , one of them shall be appointed asthe chairman[Sec. 6(2) ]


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DUTIES ..The act empowers the appropriate government to

constitute a Court of Enquiry to inquire into any matterappearing to be connected with or relevant to anindustrial dispute and submit its report to theappropriate government ordinarily within 6 months fromthe commencement of the inquiry.The primary objective of the Court is to inquire into andreveal 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 courtmay record minutes of the decent sent from a record orfrom any recommendation therein[Sec. 16 (1)]

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Powers of the court of enquiryPOWER TO ENTER PREMISES-

A 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 adispute relates.[Sec. 11(2)].POWERS OF CIVIL COURT-

A court shall have the same powers as are vested in a civil court under the code of civil procedure 1908,which are-a) 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 havingspecial knowledge of the matter of consideration as assessor or assessors to advice it in proceedings before it.[Sec.7(1)]


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Where the appropriate Government is of opinion that anyindustrial dispute exists or is apprehended, it may at anytime,by order in writing, refer any matter appearing to beconnected with or relevant to the dispute to a Court for

inquiry.Where the parties to an industrial dispute apply in theprescribed manner, whether jointly or separately, for areference of the dispute to a court, the appropriateGovernment, if satisfied that the persons applying representthe majority of each party, shall make the referenceaccordingly.

REFERENCE OF DISPUTE:-


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Compulsory arbitration oradjudication

Although the state has devised methods forthe peaceful settlement of industrialdisputes, it is clear that these do notguarantee a smooth end to disputes.The main idea behind the imposition of compulsory arbitration is to maintainindustrial peace by requiring the parties torefrain from causing work-stoppages andproviding a way for settling the disputes.


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ADJUDICATION-A judicial process forsettlement of Industrial Disputes.

The Industrial Disputes Act provides for a three-tier system for adjudication of industrial disputesthat consists of Labor Court, Industrial Tribunal &National Tribunal.

The authorities acquire jurisdiction to adjudicatein a dispute under the order of reference issuedby 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 thesecond schedule . The labour shall consist of one persononly to be appointed by the appropriate Government[Sec7(2)].

MATTERS WITHIN THE JURISDICTION OF LABOURCOURTS.1. 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


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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 personB. He has attained the age of 65 years.


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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 referringthe 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 besigned by its presiding officer..within 30 days fromthe receipt by the Appropriate Government , be published as the Appropriate Government thinks fit


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Powers.1. Power to enter premises The presiding officer of a

labour court may for the purpose of inquiry into anexisting or apprehended industrial dispute enter the premises occupied by any establishment to which thedispute 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 objectsIssuing commissions for the examination of witnesses.


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REFERENCE OF DISPUTES:-

Where the appropriate Government is of opinion that anyindustrial dispute exists or is apprehended, it may at any time,by order in writing refer the dispute or any matter appearing tobe connected with, or relevant to, the dispute to a Labor Court

for adjudication. T he matter must however relate to any matterspecified in the Second scheduled .

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


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INDUSTRIAL TRIBUNAL.Appointment & constitution . The appropriate

Government may by notification in the OfficialGazette , constitute one or more industrial tribunalfor the adjudication of industrial disputes relating toany matter , whether s specified in the second orthird schedule.[Sec 7 A(1)].

MATTERS WITHIN JURISDICTION OF INDUSTRIALTRIBUNAL1. Wages , including the period & mode of payment2. Compensatory and other allowances.3. Hours of work & rest intervals.4. Leave with wages & rest intervals.5. Bonus ,profit sharing , provident funds and gratuity


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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.QUALIFICATIONSA person shall be qualified for appointment as the

presiding officer of the tribunal if only:-He has been a judge of high court orHe has for a period of not less than 3 years , beena district judge or an additional district judge


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DISQUALIFICATIONSNo person shall be appointed or continue inthe office of presiding officer of a Tribunal if:-

1. He is not an independent person2. He has attained the age of 65 years.(Sec. 7c)POWERS OF INDUSTRIAL TRIBUNAL.

Powers to enter premises :- The presidingofficer of a Tribunal may for the purpose of inquiry into an existing or apprehended

industrial dispute after giving a reasonablenotice, enter the premises occupied by anyestablishment to which the disputerelates.[Sec.11(2)]


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4.Power to award cost.

Subject to any rules made under this Act, the costs of,

and incidental to, any proceedings before a Nationaltribunal shall be in the discretion of the NationalTribunal . Further it shall have full power to determinebe & to whom & to what extent & subject to whatconditions, if any , such costs are to be paid.[Sec. 11 (7)]


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DUTIES OF INDUSTRIAL TRIBUNALS.Where an industrial tribunal has been referred toa Tribunal for adjudication, it shall hold itsproceedings expeditiously & shal within theperiod specified in the order referring suchindustrial dispute , submit its award to theappropriate 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 theappropriate Government be published in suchmatter as the appropriate Government maythink fit.[Sec.17(1)].


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REFERENCE OF DISPUTES:-

Where the appropriate Government is of opinion that any industrialdispute exists or is apprehended, it may at any time, by order inwriting , refer the dispute or any matter appearing to beconnected with, or relevant to the dispute, whether it relates toany matter specified in the second Schedule or the ThirdSchedule, 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 whichmay be in existence on the date of the reference.


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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 anature that industrial establishment situated in more than

one state are likely to be interested in ,or affected by suchdisputes(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. 7-

B(3)].


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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 proceedingsexpeditiously and with in the period specified in the order referring such industrial dispute , submit its award to theappropriate 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 theGovernment thinks fit.


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Powers of National Tribunal.Power to enter premises-1. The presiding officer of a National Tribunal may for the

purpose of inquiry into any apprehended industrialdispute , after giving reasonable notice enter thepremises of the establishment to which the disputerelates.[Sec.11(2).]

2. Powers of civil courts A national tribunal shall have thesame powers as are vested in a civil court under thecode of civil procedure.1908 which are-Enforcing the attendance of any person & examining

him on oathCompelling the production of documents & materialobjects.Issuing commissions for the examination of witnesses


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3. Power to appoint assessors

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

having special knowledge of the matter underconsideration as assessor to advice it in proceedingsbefore 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 tribunalshall 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)]


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sometimes the central government may be of opinionthat any industrial dispute exists or is apprehended andthe dispute involves any question of national importanceor is of such a nature that industrial establishmentsituated in more than one state are likely to beinterested in, or affected by, such dispute should beadjudicated by a national tribunal. in such a case , thecentral government may , at any time by order in writing,

refer the dispute or any matter appearing to beconnected with , or relevant to, the dispute , whether itrelates to any matter specified in the second scheduleor the third schedule, to a national tribunal foradjudication.

REFERENCE OF DISPUTES :-


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