Industrial dsipute act

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  • 1. Bhumika Sharma(A-38)Tarkik Dave(A-26)NICM GandhinagarGujarat+919409623298
  • 2. Introduction Dispute- To question the truth or validity of, a disagreement , a debate Industry - means any systematic activity carried on by co-operation between an employer and his workmen (whether such work- men are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,- Tarkik Dave 2
  • 3.  (i) any capital has been invested for the purpose of carrying on such activity (ii) such activity is carried on with a motive to make any gain or profit, and includes-  any activity of the Dock Labour Board established under section 5 A of the Dock Workers (Regulation of Employment) Act, 1948  any activity relating to the promotion of sales or business or both carried on by an establishment Tarkik Dave 3
  • 4. Does not include1. any agricultural operation2. hospitals or dispensaries3. Educational, scientific, research or training institutions4. Institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service5. Khadi or village industries6. any domestic service Tarkik Dave 4
  • 5. 7. any activity of the Government relatable to the sovereign functions of the Government(defence research, atomic energy and space)8. any activity being a profession practised by an individual or body of individuals(less than 10)9. an activity carried on by a co-operative society or a club or any other like body of individuals(< 10) Tarkik Dave 5
  • 6. What is Industrial DisputeAct, 1947 ? Under Section 2 (k)i. It means “any dispute or difference between employers and employers,ii. employers and workmen, oriii. workmen and which is connected with- i. the employment or non-employment ii. the terms of employment, or iii. with the conditions of labour, of any person. Tarkik Dave 6
  • 7. History of laws ofIndustrial Dispute Employers’ and Workmen’s Disputes Act, 1860 Trade Disputes Act, 1929 Rule 81-A (Defense of India Rules) Industrial Dispute Act, 1st April - 1947 Tarkik Dave 7
  • 8. Industrial Dispute Object  To Ensure fare terms to the workmen  To prevent dispute between employers and employees Tarkik Dave 8
  • 9. Classification of IndustrialDisputes Industrial Dispute Interest Grievance/Right Unfair Labor Recognition Dispute s Dispute Practices Dispute Tarkik Dave 9
  • 10. Interest Dispute It arise out of deadlocks in the negotiations for a collective agreement. They relate to the determination of new terms and conditions of employment for general body of worker Originates from the demand of improvement in wages, job security, fringe benefits, etc. Tarkik Dave 10
  • 11. Grievance / Rights Disputes It’s a protest against an act of management that is considered to violate the rights of workmen. Discipline and dismissal, working time, over- time, rights of supervisor Tarkik Dave 11
  • 12. Unfair Labor Parctice Discrimination on grounds that workers are trade union members, participated in trade union activity. To interfere, restraint the workers when they exercise their rights to organize, join or assist a union, refusal to bargain collectively. Tarkik Dave 12
  • 13. Recognition Dsipute When the employer’s organization refuses to recognize a trade union for the purpose of collective bargaining. Tarkik Dave 13
  • 14. Strikes!!! Strike- a cessation of work by a body of persons employed in any industry acting in combination or a concerted refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment. Tarkik Dave 14
  • 15. Types of strike STRIKES Primary Strikes Others Secondary Strikes Stay Away Sympathy 1. General i) Sit Down 2. Particular ii)Stay-in 3. Political iii)Tool-down 4. Bandhs iv) Pen Down Go Slow Work to Rule Token Or Protest Lighting or Cat-Call Picketing & Boycott Gherao Tarkik Dave 15
  • 16. Types of Strikes Primary Strikes- are aimed against the employer with whom the dispute exists. Secondary Strikes- in which the pressure is applied not against the primary employer with whom the primary workers have a dispute but against some third person who has good trade relations with him. Tarkik Dave 16
  • 17. Primary Strikes Stay away Strike- workman do not come to the workplace during the prescribed working hours. The organize rallies and demonstration Sit Down and Stay in strike – In sit down strike the employees take the possession of the property of the business, established themselves in the plant, stop its production and refuse access to the owners or to others desiring to work Stay in strike generally develops when the demands are not meet on the strike day and workers remain determine on “sit down strike” 17 Tarkik Dave
  • 18. Types of Strikes Tools Down Strike/ Pen down Strike – the workers/employees lay down their tools or pen and refrain from doing work, though they remain on the job in the workplace. Token or Protest Strike – it is very short duration strike. It’s the signal to employers for the danger ahead. The intention is not to disrupt the business of employer but to communicate to him the grievance developing among employees. Tarkik Dave 18
  • 19. Types of Strikes Lighting or Cat-call Strike- it is suddenly announced, generally by the way of surprise without notice or very short notice. The issues in dispute are discussed. They take place due to some provocation The real cause may be some discontent on more fundamental issues (employer- employee relations) Tarkik Dave 19
  • 20. Types of Strikes Go slow- the worker intentionally reduce the speed of work o efficiency, slow the production while pretending to be engaged in the factory It is considered as a serious type of misconduct and workers who resort to it can be dismissed. Picketing and Boycott – is an act of posting pickets and implies marching of workmen in front of employer’s premises, carrying and displaying signs. Boycott disrupts the normal functioning of the enterprise Tarkik Dave 20
  • 21. Types of Strikes Gherao- it is a physical blockade of a target by encirclement, intended to block the to and fro from and to a particular office/residence/factory. The target are usually the managerial or supervisory staff. The fulfillment of demands not through the law machinery but by violence It involves the commission of offences and hence illegal and unconstitutional Tarkik Dave 21
  • 22. Types of Strikes Hunger strike- is done by the leaders of union or all/part of workers for limited period of time to attract sympathy of employers Sympathetic strike- the striking workmen have no demands of their own but to support others in their cause. Tarkik Dave 22
  • 23. Other Types of Strikes General Strike- has wide coverage, it involves the entire working class of a country. It may be a part of a revolutionary movement. Particular strike- they are limited in scope and usually confine to a single plant or few plants or occupations in a particular town Generally by plant level union Tarkik Dave 23
  • 24. Other Types of Strikes Political strike- are intended to put pressure on government. Sometimes to express the worker‟s support to a particular political cause. Bandhs- objectives are usually political in nature. They often lead to wide-spread suffering and inconvenience particularly for local community. Tarkik Dave 24
  • 25. Important Definitions. Appropriate Government – Section - 2(A) Public Utility Service – Section -2 (N) Industry - Section -2 ( J ) Workman – Section -2( S ) Industrial Dispute – Section -2(K) Award – Section -2(B) Settlement - Section -2 (P) Strike – Section – 2 (Q) Lockout – Section – 2 (L Lay Off - Section – 2 (Kkk) Retrenchment - 2 (Oo) Closure – Section – 2 (Cc) Tarkik Dave 25
  • 26. APPROPRIATE GOVERNMENT 2(a) Appropriate govt. Means – In relation to any dispute concerning any industry carried on by or under the authority of the central govt. Or By A railway company or Concerning any such controlled industry Dock labour board , major port, air transport service, banking company, mine or oilfield etc, The central govt and in relation to any other industrial dispute the state government. Tarkik Dave 26
  • 27. WORKMAN - SECTION 2(S) Workman means - any person ( including an apprentice) employed in an industry , to do manual , skilled, unskilled , technical, operational , clerical or supervisory work , for hire or reward, whether the terms of employment be express or implied and Supervisor drawing wages less then 10000/- are workman. Note:: manager or a person employed in Managerial or administrative activity are totally excluded irrespective of their salary. Tarkik Dave 27
  • 28. LOCK-OUT [SECTION 2(g)]Lock –out means - Closing of a place of employment or Suspension of work or Refusal by an employer to employ any number of persons employed by him. Lock-out is co-eraive , legitimate weapon in the hands of the employer for forcing the workers to accept his demands & to withdraw the demands made by them. Tarkik Dave 28
  • 29. PROHIBITION OF STRIKES IN P.U.S ( Sec - 22 of I.D. Act -1947)No person employed in PUS shall go on Strike in breach of contract – 1) Without giving Notice of strike within six weeks of striking OR 2) Within 14 days of giving such Notice OR 3) Before the date of strike specified in the Notice OR 4) During the pendency of the Conciliation Proceedings before the Conciliation Officer and 7 days after conclusion of such proceedings. Tarkik Dave 29
  • 30. GENERAL PROHIBITATION OFSTRIKES (Sec - 23 of I.D. Act -1947)No Person Employed In Any Industrial Establishment ShallGo On Strike In Breach Of Contract 1) During The Pendency Of Conciliation Proceedings Before A Board And Seven Days After Its Conclusion. 2) During The Pendency Of Proceedings Before The Adjudication Authorities And Two Months After Its Conclusion. 3) During The Pendency Of Arbitration Proceedings Before An Arbitrator And Two Months After Its Conclusion Or Where The Notification Has Been Issued Under Section – 10 A ( 3-a). 4) During Any Period In Which A Settlement Or Award Is In Operation. Tarkik Dave 30
  • 31. Strikes VS Lock-Out By workman  By employer. Refusal to work or  Temporary closure accept employment.  Refusal to continue to Under common employ the person understanding or acting employed. in concert. [Section 2q] [Section 2I] Tarkik Dave 31
  • 32. Penalty for Illegal Strikes and Lock- outs Illegal strike :- imprisonment for one month or fine of Rs.50 or both. Illegal Lock-out :- imprisonment for one month or fine of one thousand rupees or both. Tarkik Dave 32
  • 33. Confusing sequence.!!?? 1 • Conciliation 2 • Adjudication 3 • Arbitration Tarkik Dave 33
  • 34. Conciliation officer Appointed by appropriate government. Duty: Settlement of industrial dispute. Nature: Appointed for a specified area of for specified industries in a specified area or for one or more industry either permanently or for limited time. Tarkik Dave 34
  • 35. Duties of Conciliation officer As per sec 12(1) and rule 9(1) when a strike/lock-out notice issued in public utility service conciliation officer is bound to convene immediate conciliation meeting. To hold conciliation proceeding (sec. 22) To investigate dispute To send report and memorandum of settlement to appropriate government. If he fails to bring about a settlement he has to bring facts to the attention of government under section 12(4) Conciliation process should be complete within 14 days. Tarkik Dave 35
  • 36. Power of Conciliation Officer. Power to enter the premises. Power to call for inspect documents. Tarkik Dave 36
  • 37. Adjudication Section 7 to 9 pertains to the constitution of adjudication authorities under the act. These authorities are:1. labour court2. Industrial Tribunals3. National tribunal Tarkik Dave 37
  • 38. Labor courts (section 7) Appropriate government form one or more labor court by notification in the Official Gazette for adjudication of industrial dispute. The labor court consist only one person appointed by the government . The person known as Presiding Officer of a Labor Court. Tarkik Dave 38
  • 39. Industrial Tribunals (Section 7A) Appointment and Constitution Tribunal for Limited Period. Only one person appointed may be two if government think. Tarkik Dave 39
  • 40. VOLUNTARY ARBITRATION - [ Sec –10 A ] PARTIES CAN REFER FOR VOLUNTARY ARBITRATION FOR ANY INDUSTRIAL DISPUTE – EXISTING /APPREHENDED, BEFORE THE SAME IS REFERRED FOR ADJUDICATION. SUCH REFERENCE IS MADE BY WRITTEN AGREEMENT, IN THE PRESCRIBED MANNER. APPOINTMENT OF „UMPIRE‟ IS MADE WNEN AGREEMENT PROVIDES FOR EVEN NO. OF ARBITRATORS. ( SEC. 10 -1A) IF ARBITRATORS ARE EQUALLY DEVIDED, THE OPINION OF UMPIRE SHALL PREVAIL. Tarkik Dave 40
  • 41. VOLUNTARY ARBITRATION - [ Sec –10 A ] ARBITRATION AGREEMENT MUST BE IN THE PRESCRIBED FORM AND SIGNED BY THE PARTIES. [ Sec- 10 A(2) ] A COPY OF ARBITRATION AGREEMENT SHALL BE FORWARDED TO THE APPRO. GOVT. WHO SHALL PUBLISH THE SAME IN OFFICIAL GAZETTE. WITHIN ONE MONTH OF PUBLICATION, APPRO. GOVT. SHALL ISSUE NOTIFICATION. [ SEC-10A ( 3A) ] ARBITRATORS INVESTIGATE THE DISPUTE AND SUBMIT REPORT TO THE APPROPRIATE GOVT. [ SEC – 10 A(4) PROVISIONS OF ARBITRATION ACT -1940 DOES NOT APPLY Tarkik Dave 41
  • 42. VOLUNTARY ARBITRATION - [ Sec –10 A ] ARBITRATION AGREEMENT MUST BE IN THE PRESCRIBED FORM AND SIGNED BY THE PARTIES. [ Sec- 10 A(2) ] A COPY OF ARBITRATION AGREEMENT SHALL BE FORWARDED TO THE APPRO. GOVT. WHO SHALL PUBLISH THE SAME IN OFFICIAL GAZETTE. [ SEC- 10A(3) ] WITHIN ONE MONTH OF PUBLICATION, APPRO. GOVT. SHALL ISSUE NOTIFICATION. [SEC-10A ( 3A) ] ARBITRATORS INVESTIGATE THE DISPUTE AND SUBMIT REPORT TO THE APPROPRIATE GOVT. [ SEC – 10 A(4) ] PROVISIONS OF ARBITRATION ACT -1940 DOES NOT APPLY. Tarkik Dave 42
  • 43. AMENDMENT ACT, 2010 –SALIENT FEATURES Definition of ‘Appropriate Govt.’ (Section-2 (a) amended. Enhancement of wage ceiling of a ‘workman’ from Rs. 1600/- Per Month to Rs. 10,000/- Per Month. Direct access to the workman to the Labour Court or Industrial Tribunal in case of disputes arising out of Section-2 A of the Act. Empowering Labour Court or Tribunal to execute Awards, Orders of Settlements arrived at by Labour Court or Industrial Tribunals. Tarkik Dave 43
  • 44.  Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under Section -7 & Section – 7A of the Act. Establishment of Grievance Redressed Machinery in every industrial establishment employing 20 or more workmen for the resolution of disputes arising out of individual grievances. The Amendments have been brought into force w.e.f. 15.09.2010 Tarkik Dave 44
  • 45. Lay Off means the failure, refusal or inability of an employer on account of shortage of  coal, power or raw materials 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. Tarkik Dave 45
  • 46. Lay Off Every workman whose name is borne on the muster rolls, during normal working hours on any day and is not given employment by the employer within 2 hours of his so presenting himself shall be deemed to have been laid- off for that day. Present himself in next shift- laid off for the one half day And no employment the entire day in-spite of being present then not laid-off Tarkik Dave 46
  • 47. Continuous ServiceSection 25B if employee provides uninterrupted service, which includes interrupted service  Sickness  Authorized leave  Accident  strikes which are not illegal  lock out or cessation of work not due to the fault of the workman Tarkik Dave 47
  • 48. Continuous ServiceSection 25BFor One Year For Six Months 190 days- below the ground in  95 days- below the ground in a a mine. mine. 240 days- in any other job.  120 days- in any other job. Tarkik Dave 48
  • 49. Right of workmen Laid-off forcompensation, Section 25C states that any workman (except Badli Workman):  whose name is borne on the muster-rolls of an industrial establishment  who has completed at least one (1) year of continuous service under the employer shall be paid compensation for the period during which he was laid-off, equal to  50 % of the total of the basic wages and dearness allowance that should be payable to him had such workman not been so laid-off. Tarkik Dave 49
  • 50.  If during the one (1) year period of continuous service, the workman is laid-off for more than forty five (45) days, no further compensation will be paid if there is an agreement in that respect between the workman and the employer Upon the expiry of this period, the employer can retrench the workman And the Compensation then paid would exclude the amount already paid during the forty-five (45) day period of layoff. Tarkik Dave 50
  • 51. For Badli Workman if the workman is a “badli” workman or a casual workman, he would fall outside the ambit of Section 25C. However, if a “badli” workman has completed 1year of continuous service in the industrial establishment, he will be treated as a permanent workman for all purposes Tarkik Dave 51
  • 52. Muster Rolls of WorkmenSection 25D Duty of an employer to maintain muster rolls of workmen. Notwithstanding that workmen in any industrial establishment have been laid- off, it shall be the duty of every employer to maintain for the purposes of this Chapter a muster roll and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours. Tarkik Dave 52
  • 53. Workman not entitled toCompensation, Section 25E he refuses to accept any alternate employment offered by the employer in the same establishment  or in any other establishment of the same employer, provided such establishment is within a five (5) miles radius from the previous establishment  Further, such alternate employment should not call for any special skill or experience  the employer must pay at least the same wages as were previously paid to the workman. he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day; (such lay-off is due to a strike or slowing-down of production by workmen in another part of the establishment. Tarkik Dave 53
  • 54. Prohibition of Lay-offSection 25M Cannot be laid- off by his employer except  with the prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette obtained on an application made in this behalf  unless such lay- off is due to shortage of power or to natural calamity  and in the case of a mine, such lay- off is due also to fire, flood, excess of inflammable gas or explosion Tarkik Dave 54
  • 55.  An application for permission shall be made by the employer in the prescribed manner stating clearly the reasons for the intended lay- off and a copy of such application shall also be served simultaneously on the workmen concerned in the prescribed manner. In case of lay-off of mine, under for reasons of fire, flood or excess of inflammable gas or explosion, the employer, shall within a period of 30 days from the date of commencement of such lay- off, apply to the appropriate Government or the specified authority for permission to continue the lay- off Tarkik Dave 55
  • 56.  Appropriate Government does not communicate to employer within a period of 60 days from the date on which such application is made, the permission applied shall be deemed to have been granted No Compensation for industry which has more than 100 workmen employed on an average per working day for the preceding 12 months  The appropriate government has the final authority to decide whether the establishment is in fact seasonal or not. Tarkik Dave 56
  • 57. Retrenchment 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, but does not include –  voluntary retirement of the workman  retirement of the workman on reaching the age of superannuating if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf  termination of the service of a workman on the ground of continued ill-health Tarkik Dave 57
  • 58. Condition precedent to retrenchmentof workmen, Section 25F The workman has been given 1 month notice in writing  indicating the reasons for retrenchment and  the period of notice has expired or  the workman has been paid in lieu of such notice, wages for the period of the notice The workman has been paid, at the time of retrenchment, compensation which shall be equivalent to  15 days average pay [for every completed year of continuous service] or any part thereof in excess of six months Notice in the prescribed manner is served on the appropriate Government Tarkik Dave 58
  • 59. Condition precedent to retrenchmentof workmen, Section 24N The workman has been given 3 months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice The prior permission of the appropriate Government or such authority as may be specified by that Government by notification in the Official Gazette (hereafter in this section referred to as the specified authority) has been obtained on an application made in this behalf. Tarkik Dave 59
  • 60. Procedure ofRetrenchment, Section 25G Where any workman in an industrial establishment  who is a citizen of India  he belongs to a particular category of workmen in that establishment  in the absence of any agreement between the employer and the workman in this behalf  the employer shall ordinarily retrench the workman who was the last person to be employed in that category  unless for reasons to be recorded the employer retrenches any other workman. Tarkik Dave 60
  • 61. Re-employment of Retrenchedworkman, Section 25H He should have been retrenched prior to re- employment He should be a citizen of India He should have been retrenched from the category of service, for which the re-employment is sought He should offer himself for re-employment in response to notice Tarkik Dave 61
  • 62. Penalty for Lay-off andRetrenchment, Section 25Q Any employer who violates the provisions of section 25-M or section 25-N shall be punishable with  imprisonment of a term which may extend to one month, or  with fine which may extend to one thousand rupees, or  with both Tarkik Dave 62
  • 63. Compensation in case of transfer,Section 25FF the service of the workman has not been interrupted by such transfer; the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer. Tarkik Dave 63
  • 64. 60 days notice in case of closingdown, Section 25FFA A notice at least sixty days before the date on which the intended closure is to become effective, in the prescribed manner, on the appropriate Government stating clearly the reasons for the intended closure of the undertaking Does not apply to  An undertaking in which  less than fifty workmen are employed, or  less than fifty workmen were employed on an average per working day in the preceding twelve months,  an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project. Tarkik Dave 64
  • 65. Compensation in case of closingdown, Section 25FFF Every workman (service nt <1 yr) immediately before such closure shall be compensated as if the workman had been retrenched Provided unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman shall not exceed his average pay for 3 months. An undertaking which is closed down by reason merely of  financial difficulties (including financial losses); or  accumulation of indisposed of stocks; or  the expiry of the period of the lease or licence granted to it; or  in a case where the undertaking is engaged in mining operations, exhaustion of the mineralsshall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer. Tarkik Dave 65
  • 66.  an undertaking engaged in mining operations is closed down by reason merely of exhaustion of the minerals in the area in which such operations are carried on, no workman referred to shall be entitled to any notice or compensation in accordance with the provisions of section 25F(Retrenchment) Tarkik Dave 66
  • 67.  Any undertaking set- up for construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set- up, No workman employed therein shall be entitled to any compensation under of section 25F But if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section Tarkik Dave 67
  • 68. Penalty for ClosureSection 25R Sub section 1- punishable with  imprisonment for a term which may extend to 6 months, or  with fine which may extend to Rs. 5000, or  with both. Sub Section 2 shall be punishable with  imprisonment for a term which may extend to 1year,  with fine which may extend to Rs.5000, or  with both In case of continuing contravention punished with  a further fine which may extend to Rs. 2000 for every day during which the contravention continues after the conviction. Tarkik Dave 68
  • 69. Authorities Tarkik Dave 69
  • 70. Works Committee Industrial establishment which 100 or more workmen are employed or have been employed on any day in the preceding twelve months, The appropriate Government require the employer to constitute a Works Committee consisting equal number of representatives of employers and workmen engaged in the establishment The representatives of the workmen shall be chosen in the prescribed manner  from among the workmen engaged in the establishment and  in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926 ). Tarkik Dave 70
  • 71.  The Works Committee to promote measures for  securing and preserving amity and  good relations between the employer and workmen and  to comment upon matters of their common interest or concern and  endeavour to compose any material difference of opinion in respect of such matters. Tarkik Dave 71
  • 72. Conciliation Officers The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers,  charged with the duty of mediating in and promoting the settlement of industrial disputes. A conciliation officer 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. Tarkik Dave 72
  • 73. Board of Conciliation 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. A Board shall consist of a chairman and 2 or 4 other members, as the appropriate Government thinks fit. The chairman shall be an independent person And the other members shall be persons appointed in equal numbers to represent the parties to the dispute  any person appointed to represent a party shall be appointed on the recommendation of that party: Provided that,  if any party fails to make a recommendation within the prescribed time, the appropriate Government shall appoint such persons as it thinks fit to represent that party. Tarkik Dave 73
  • 74.  A Board, may act in spite the absence of the chairman or any of its members or any vacancy in its number Provided that if the appropriate Government notifies the Board that the services of  the chairman or  any other member have ceased to be available the Board shall not act until a new chairman or member, as the case may be, has been appointed. Tarkik Dave 74
  • 75. Court Of Inqury The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute. A Court may consist of  one independent person or  of such number of independent persons as the appropriate Government may think fit And where a Court consists of two or more members, one of them shall be appointed as the chairman. Tarkik Dave 75
  • 76.  A Court, may act in spite of the absence of the chairman or any of its members or any vacancy in its number: Provided that, if the appropriate Government notifies the Court that the services of  The chairman have ceased to be available The Court shall not act until a new chairman has been appointed. Tarkik Dave 76
  • 77. Labour Courts The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for  the adjudication of industrial disputes relating to any matter specified in the Second Schedule and  for performing such other functions as may be assigned to them under this Act. A Labour Court shall consist of one person only to be appointed by the appropriate Government. Tarkik Dave 77
  • 78.  A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless  he is, or has been, a Judge of a High Court  he has, for a period of not less than 3 years, been a District Judge or an Additional District Judge  he has held any judicial office in India for not less than 7 years; or  he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than 5 years Tarkik Dave 78
  • 79.  He is an Officer in Indian Legal Service in Grade III with 3yrs experience in it. He is or had been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of State Labour Dept has  A Degree in Law  At least 7 yrs experience in Labour Dept including  3 yrs as a Conciliation Officer Tarkik Dave 79
  • 80. National Tribunal The Central Government may, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government,  involve questions of national importance or  Are of nature that more than one State are likely to be interested in, or affected by, such disputes. 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 of a National Tribunal unless he is, or has been, a Judge of a High Court The Central Government may, appoint two persons as assessors to advise the National Tribunal in the proceeding before it. Tarkik Dave 80