The document discusses the key aspects of industrial disputes and the Industrial Disputes Act 1947 in India, including definitions of important terms, classification and types of industrial disputes and strikes, prohibitions on strikes in public utility services, and the processes of conciliation, adjudication, and arbitration for resolving industrial disputes.

1. Bhumika Sharma(A-38)
Tarkik Dave(A-26)
NICM Gandhinagar
Gujarat
+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
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4. Does not include
1. any agricultural operation
2. hospitals or dispensaries
3. Educational, scientific, research or training
institutions
4. Institutions owned or managed by
organisations wholly or substantially engaged
in any charitable, social or philanthropic service
5. Khadi or village industries
6. any domestic service
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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)
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6. What is Industrial Dispute
Act, 1947 ?
 Under Section 2 (k)
i. It means “any dispute or difference between
employers and employers,
ii. employers and workmen, or
iii. 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.
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7. History of laws of
Industrial 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
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8. Industrial Dispute
 Object
 To Ensure fare terms to the workmen
 To prevent dispute between employers and employees
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9. Classification of Industrial
Disputes
Industrial
Dispute
Interest Grievance/Right Unfair Labor Recognition
Dispute s Dispute Practices Dispute
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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.
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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
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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.
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13. Recognition Dsipute
 When the employer’s organization refuses to
recognize a trade union for the purpose of
collective bargaining.
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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.
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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
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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.
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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
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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.
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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)
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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
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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.
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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
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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.
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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)
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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.
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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.
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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.
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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.
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30. GENERAL PROHIBITATION OF
STRIKES (Sec - 23 of I.D. Act -1947)
No Person Employed In Any Industrial Establishment Shall
Go 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.
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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]
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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.
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33. Confusing sequence.!!??
1
• Conciliation
2
• Adjudication
3
• Arbitration
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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.
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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.
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36. Power of Conciliation Officer.
 Power to enter the premises.
 Power to call for inspect documents.
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37. Adjudication
 Section 7 to 9 pertains to the constitution of adjudication
authorities under the act. These authorities are:
1. labour court
2. Industrial Tribunals
3. National tribunal
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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.
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39. Industrial Tribunals (Section 7A)
 Appointment and Constitution
 Tribunal for Limited Period.
 Only one person appointed may be two if government
think.
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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.
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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
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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.
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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.
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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
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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.
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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
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47. Continuous Service
Section 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
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48. Continuous Service
Section 25B
For 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.
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49. Right of workmen Laid-off for
compensation, 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.
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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.
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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
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52. Muster Rolls of Workmen
Section 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.
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53. Workman not entitled to
Compensation, 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.
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54. Prohibition of Lay-off
Section 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
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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
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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.
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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
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58. Condition precedent to retrenchment
of 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
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59. Condition precedent to retrenchment
of 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.
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60. Procedure of
Retrenchment, 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.
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61. Re-employment of Retrenched
workman, 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
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62. Penalty for Lay-off and
Retrenchment, 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
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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.
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64. 60 days notice in case of closing
down, 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.
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65. Compensation in case of closing
down, 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
minerals
shall not be deemed to be closed down on account of unavoidable circumstances
beyond the control of the employer.
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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)
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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
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68. Penalty for Closure
Section 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.
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69. Authorities
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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 ).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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