AUTHORITIES FOR SETTLEMENT OF DISPUTES

KEERTHIGA .S

WORK COMMITTEECONSTITUTION OF WORKS COMMITTEE

A work committee is constituted by the employer of an industrial establishment, in which one hundred or more

workmen are employed or have been employed on any day in the preceding twelve months. This is done in

response to a general or special order by the appropriate government.

The works committee should consist of representatives of employer and workmen engaged in the

establishment. Both the parties should be represented on works committee in equal number.

There are two condition precedent to the constitution of a works committee.

a) the establishment should be an industrial establishment

b) the establishment should have one hundred or more workmen, either presently employed or

employed on any day preceding12 months.

DUTIES OF THE WORKS COMMITTEE

it is the duty of the works committee to promote measures

for securing and preserving amity and good relations

between the employer and workmen.

Conciliation officersConstitution of conciliation officers:

The appropriate Government may, appoint by notification in the Official Gazette, such number of conciliation officers as it thinks fit. A conciliation officer may be appointed for a specified area or for specified industries in a specified area.

Duties of conciliation officers:

1. To hold conciliation proceedings in the manner prescribed by the rules framed by the appropriate Government.

2. To investigate the existing or apprehended industrial dispute, and all matters connected with its settlement, without delay

If a settlement, either of the dispute is arrived at the conciliation officer has to make a report of the same to appropriate Government. The report should be accompanied with a memorandum of the settlement signed by the parties to the dispute.

In case no settlement is arrived at, this section, the conciliation officer shall immediately after the close of the investigation, make a report of the same to the appropriate Government. The report should set forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement of the same.

He must send the report of this settlement or non settlement of the dispute, as the case may be, under this section should be sent within fourteen days of the commencement of the conciliation proceeding as may be fixed by the appropriate Government. It may be extended by such period of time GO

Power of conciliation officers

The act empowers a conciliation officer to enter the premises occupied by any

establishment to which the dispute related, for the purpose of enquiry into any

existing, after giving reasonable notice. To enforce the attendance of any

person for the purpose of his examination or call for and inspect any document

which, according to him the same is necessary for verifying the

implementation of any award.

For these purposes, the conciliation officer has the same powers as are vested

in a civil court under the code of civil procedure, in respect of enforcing the

attendance of any person and examining him

Importance of conciliation proceeding:

Although the conciliation officer is merely an agency for bringing about amicable

settlement of an existing dispute, the act has given a status of importance to the

conciliation proceedings which he must hold in the case of public utility service and which

he may hold in the case of non-public utility service

The act prohibits strikes and lock-outs during the pendency of conciliation proceedings and

seven days after the conclusion of such proceedings.

The act forbids an employer from altering the conditions of service of the workman

concerned in such dispute during the pendency of the conciliation proceedings. The

employer cannot also discharge or punish, whether by dismissal or otherwise, any

protected workman.

Board of conciliationConstitution of the Board of conciliation:

The act empowers the appropriate Government to constitute a Board of conciliation, by

notification in the official Gazette, for promoting for settlement of an industrial dispute.

The board shall consist of a chairman and two or four other members, as the appropriate

Government thinks fit. The chairman should be an independent person. The other

members should be persons appointed in equal number to represent the parties to the

dispute through the recommendation. If fails the appropriate Government shall appoint

such persons at it thinks fit to represent that party.

If the appropriate Government notifies the board that the services of the chairman is not

available, the board shall not act.

Duties of the boards of conciliation

Where a dispute has been referred to the board, it is the duty of the board to try to bring

about a settlement of the same. For this purpose, the board is required to investigate the

dispute without delay in such a manner as it thinks fit.

Go with point 4 and 5

The board has to submit its report in either case, within two months of the date on which

the dispute was referred to it.

The appropriate Government may, however, require the report to be sent within a shorter

period than 2 months, or extend the period beyond two months.

If the dispute referred to the board relates to a

public utility service, and the board sends a report

of its failure to bring about an amicable settlement.

Powers of the Boards of Conciliation

A member of the board may enter the premises occupied by any establishment, after giving

reasonable notice, for the propose of enquiry into any existing industrial dispute.

Vested with the same powers as those of a Civil Court, the board can enforce the attendance

of any person and examine him an oath.

Compel the production of documents and material objects.

Issue commission for the examination of witnesses.

The conciliation officers and the members of the board are deemed to be public servants

within the meaning of setion21 of the Indian Penal Code.

Court of enquiryConstitution of the Court Enquiry

As and when occasion arises, the appropriate Government may, by notification in the Official

Gazette, constitute a court of enquiry for inquiring into any matter connected with industrial

dispute.

The court may consist of one independent person or of such number of independent persons

as the appropriate Government may think fit.

In case it consists of two or more members, one of them shall be appointed as the Chairman.

If the appropriate Government notifies the board that the services of the chairman is not

available, the board shall not act.

Duties of the court of enquiry

It is the duty of the court to inquire into the matters referred to it and report

thereon to the appropriate Government within a period of 6 months from the

commencement of its enquiry.

The report of the board of conciliation and court of enquiry should be in

writing and signed by all the members.

A member is permitted to record his minute of dissent

It the mandatory on the appropriate Government to publish the report within

thirty days from the date of its receipt

Powers of the courts of enquiry

The court enjoys the same powers as are conferred upon a board. But a court

may, if it thinks fit, appoint one ore more persons having special knowledge of

the matter under consideration as assessor to advise it in the proceedings

before it.

Labour courtConstitution of Labour court

The act empowers the appropriate Government to constitute one or more Labour courts

for the adjudication of industrial disputes relating to any matter specified in the second

schedule.

Besides adjudication, the Labour courts may also be required to perform such other

functions as may be assigned to them.

Just as the State Government may constitute one or more Labour courts, the Central

Government also is empowered to constitute Labour courts in any State for the

adjudication of matter in respect of which it is the appropriate Government

Whether the appropriate Government is the centre or the State, constitution of Labour

Courts should be notified in the Official Gazette.

A Labour Court should consist of one person only to the appointed by the appropriate

Government.

The following qualification are prescribed for a presiding officer

1. he is or has been, a Judge of a High Court or

2. he has, for a period of not less than 3 y, been a district judge or

3. he has held any judicial office in India for not less than 7 y or

4. he has been presiding officer of a Labour Court constituted under any provincial

Act is not less than 5 y GO

Duties of Labour Courts

Adjudication of industrial disputes relating to any matter specified in

the second Schedule

Performing such other functions as may be assigned to it under the

Act.

The award of a labour court should be in writing and should be signed

by the presiding officer. It should also be published by the

appropriate Government within thirty days from the date of its receipt

Jurisdiction of Labour CourtThe jurisdiction of the Labour court is, restricted to the adjudication of disputes relating to any matter specified in the Second Schedule.

The propriety or legality of an order passed by an employer under the standing orders

The application and interpretation of standing orders

Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully

dismissed

Withdrawal of any customary concession or privilege

Illegality or otherwise of a strike or lock-out; an

All matters other than those specified in the Third Schedule.

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Powers of Labour CourtLabour courts enjoy all the powers as are enjoyed by a court of

Enquiry

A labour Court has full powers to determine by and to whom and to

what extent and subject to what conditions the cost incidental to the

proceedings before the Labour Court are to be paid.

It is also empowered to give directions for this purpose.

Every Labour Court is deemed to be Civil Court

Industrial TribunalsConstitution of Industrial Tribunal:

The appropriate Government is empowered to constitute one or more industrial Tribunal for

the adjudication of industrial disputes relating to any matter specified either in the Second

Schedule or Third Schedule.

An industrial tribunal may also be asked to perform such other functions as may be assigned

to it.

Its constitution should be notified in the Official Gazette. (qualification)

The presiding officer may be assisted by 2 assessors whose function is to tender advise to

the presiding office in the proceeding before him.

Duties of industrial tribunalAn industrial tribunal preforms the same functions as those of a

Labour Court.

Accordingly, it is the duty of the tribunal to hold its proceedings

expeditiously and submit its award to the appropriate Government

within the time specified in the order referring the dispute, or

within the extended time.

Jurisdiction of industrial tribunal the tribunal can adjudicate upon any matter specified either in the Second

Schedule or the Third Schedule.

Wages, including the period and mode of payment

Compensatory and other allowances

Hours of work and rest intervals

Leave with wages and holidays

Bonus, profit sharing, provident fund and gratuity

Shift working otherwise than in accordance with standing orders

Classification by grades

Rules of discipline

Rationalization

Retrenchment of workmen and closure of establishment

Any other matter that may be prescribed.

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Powers of Industrial Tribunal A Tribunal enjoys the same powers as those of a Labour Court

Its proceedings are only quasi-judicial.

It has to adjudicate a dispute on a fair and just basis

The award of a Tribunal may also be quashed on the grounds that. It is given

without jurisdiction

a) It is vitiated by an error of law which is apparent on the face of the record (or)

b) The procedure adopted is contrary to the principles of nature justice. GO

National TribunalsConstitution

A National Tribunal can be constituted only the Central Government, by notification in the

Official Gazette.

For the adjudication of only such of those disputes as involve questions of national importance, or

are of such a nature that industrial establishments situated in more than one state are likely to be

interested in, or affected by the dispute.

The central Government may refer a dispute, to a National Tribunal inspite of the fact that is not

the appropriate Government in relation to that dispute.

A National Tribunal shall consist of one person only to be appointed by the Central Government.

A person shall not be qualified for appointment as the presiding officer unless he has been a

judge of a High Court

He may be advised in the proceeding before him, by two assessors appointed by the Central

Government.

No person shall be appointed to or continue in the office of the presiding officer if,

a) He is not an independent person, or

b) He has attained the age of sixty-five years.

the same disqualifications hold good in the case of presiding officers of a Labour Court and

Tribunal. If a vacancy occurs in the office of the presiding officer, the vacancy may be filled by

the appointment of another person. In such an even, the proceeding may be continued from the

stage at which the vacancy is filled.

Powers and functions:The powers and functions of a National Tribunal

are the same as those of Industrial Tribunals

Thank you