The industrial dispute act 1946 2

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Chapter
Authorities Under the I.D.Act
1

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Authorities Under This Act
The main purpose of the I.D. Act,
1947 is to provide for prevention of
I.D., investigation of ID and the
settlement of ID. through a 3-tier
system of adjudicating authorities.
Thus the constitution, powers and
duties of aII these authorities can be
studied at a glance as under:-
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Name of the authority 'purpose Constitution Powers Duties
Works Committee
Prevention of
I.D.
Sec. 3 Sec.3(l ) Sec.3 (2)
Conciliation Officer Conciliation & Sec. 4 Sec. 11 Sec. 12
mediation of
I.D.
Board of Conciliation -do- Sec.5 Sec. 11 Sec. 13
Court of Inquiry Investigation Sec. 6 Sec. 11 Sec. 14
Of ID.
Labour Court Adjudication Sec. 7 Sec. 11 & Sec. 15
Of ID. Sec. ll-A
Industrial Tribunal -do- Sec. 7a Sec. 11 & Sec. 15
Sec. II-A
National Tribunal -do- Sec. 7b Sec. 11 & Sec. 15
Sec. ll-A
Voluntary Arbitrator Arbitration Sec. lO-A Sec.10-A(2) Sec.10-A(4) 3

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Works Committee
(Sec 3)
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Works Committee
• The Works Committee is the authority
created under the I.D. Act for prevention of
I.D. It owes its origin to the recommendation
of the Royal Commission on labour which
stated, thus "The attempt to deal with
industrial unrest must begin with the creation
of an atmosphere unfavorable to industrial
dispute rather than to set-up machinery for
settlement of industrial dispute."
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Background of Works Committee
• The above recommendation was made in the
wake of the Trade Disputes Act, 1929 which
mainly dealt with the adjudication of I.D. through
Industrial Courts. Although this Act was seldom
invoked only in selected cases, the practice of
adjudication, however, was started which
inculcated among the parties a habit of litigation
which was considered not conducive to the
peaceful industrial relations .
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Constitution of Works Committee:
• The idea of setting up of Works
Committees to provide forum for Joint
Consultation had been gaining grounds
ever since the Royal Commission on
labour emphasized the urgent need for
such a body. Since the essence of the
works committee is 'joint consultation', it
consists 'of representatives of employer's
and workmen engaged in the
establishment. 7

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• To begin with, it was decided to try this forum on
experimental basis, the Act requires all such
establishments employing one hundred or more
workmen or where such number of workmen
have been employed on any day during the
preceding twelve months to constitute Works
Committee.
• The appropriate Govt. may, by special or
general order, require all such establishments to
constitute Works Committee in accordance with
this Act. 8

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• The number of the representatives of the
workmen on the Committee shall not be
less than the number of representatives of
the employer.
• The number of representatives of the
workmen which shall not be less than the
number of representatives of the
employer, and it does not say vice-versa.
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• The reason is quite obvious that in the decision-
making process of the Works Committee, the
workmen's representatives shall not be less than
those of employers so that their bargaining
power is not adversely affected. On the other
hand, if the number of representatives of the
employer is less than the workmen's
representatives, it does not weaken the
employer's position as he is already having in
his armory, the managerial prerogative.
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• It is further laid down 'that the
representatives of the workmen shall be
chosen in consultation with their trade
union, if any, registered under the Trade
Unions Act, 1926. In absence of any such
Trade Union, the Central Rules made
under the I.D. Act, 1947, provide the
procedure for such nomination.
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Duties of Works Committee
• The duty of joint consultation on the Works
Committee and lays down that it shall
promote measures for ensuring and
preserving amity and good relations between
the employer and workmen and, to that end,
to comment upon the matters of their
common interest or concern and endeavour
(to try to do) to compose any material
difference of opinion in respect of such
matters.
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Judicial Verdict on Works Committee:-
• The works committee under the
I.D. Act is intended to supplement
(to improve it) the Trade Union
and not to supplant (to replace)
the Trade Unions.
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North Brook Jute Company v. Their
Workmen AIR 1960 SC 879
• Fact: -In this case the company proposed to
introduce rationalization scheme with a view to
obtaining increased production by deploying
lesser number of workmen. The Trade Union,
therefore, did not agree to the introduction of the
scheme. But the Works Committee in its
extraordinary meeting considered and
consented to the employer's proposal.
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North Brook Jute Company case….
• Judgment:- The Works Committee was not
intended to supplant or supersede the unions for
the purpose of collective bargaining; they are not
authorize to consider real or substantial
changes in the conditions of service; their task is
only to smooth away friction that might arise
between the workmen and he management in
day to day work.
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Demarcation of functions between Works Committee
and Trade Union
• The Indian Labour Conference, in 1959 drew up an
illustrative list of items within the scope of Works
Committee and the other items which do not fall within its
scope and should be considered reserved for the Trade
Union to deal with. Briefly the I.L.C. enumerated the
functions of Works Committee to include conditions of
work such as ventilation, lighting, temperature, sanitation
and amenities like drinking water, dining room, medical
and health services, safety and accident prevention,
adjustment of holidays, educational and recreational
activities etc.
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and Trade Union
• The functions specifically kept beyond the
scope of Works Committee and suggested
within the scope of Trade Union included
items like wages, bonus, profit-sharing,
rationalization, fixation of work-load, work-
force, plans for development, P.F.,
gratuity, quantum of holidays, housing,
transport etc.
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and Trade Union
• Thus the deciding criterion to demarcate the distribution
of functions between the Works Committee and the
Trade Union can be easily identified with reference to the
matters which are experienced in day to day working and
thus falling within the ,purview of the works committee
and the other matters which have a "direct bearing on
the relationship between the employer and the workmen
and are essentially' the matters of Collective Bargaining"
should be dealt with by the Trade Union alone as the
main purpose of Trade Union is Collective Bargaining.
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Recommendations of the National Commission on
Labour, 1969
• The National Commission on Labour
under the chairmanship of Justice
Gajendragadkar in 1969 critically
examined the pros and cons of the
Works Committee and finally give
some recommendation.
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Recommendations of the National Commission on
Labour, 1969
• (a) a more responsive attitude on the part of
management;
• (b) adequate support from unions;
• (c) proper appreciation of the scope and functions of
the Works Committee;
• (d) whole-hearted implementation of the
recommendations of the works committee; and
• (e) proper coordination of the functions of the
multiple bi-partite institutions at the plant level now
in vogue'.
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CONCILIATION
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Origin of Conciliation
• The meaning of conciliation is mediation. In the industrial
relations field this method was mostly used by Australia
which provided for conciliation under the Conciliation and
Arbitration Act, 1904. Along with conciliation, Australia is
also the pioneer country to introduce adjudication as an
effective method of resolving I.D. through State's
intervention. However conciliation too, has been given
due importance.
• In Sweden, the conciliation as a method of resolution of
I.D. is an accepted process and, in fact, failure to resolve
I.D. through conciliation is almost considered a disgrace.
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Origin of Conciliation
• In India, the Bombay Industrial Disputes
(Conciliation & Arbitration) Act, 1934, as
amended in 1938; was one of the earliest
enactments to have introduced conciliation
to resolve I.D. The I.D. Act, 1947 at
national level applied the process of
conciliation as an alternative method to
resolve I.D.
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Objective of Conciliation
• Under the I.D. Act, the conciliation
machinery plays a very vital role in
the sense that it is intended to make
an attempt to resolve any dispute or
difference, whether existing or even
apprehended, through negotiation
and a mutual dialogue.
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• Usually it is considered as an intermediary
authority to bring about a compromise and
promote settlement between the conflicting
parties, before the I.D. is referred to LC/IT/NT for
adjudication as a last resort.
• Since the adjudication is likely to create a feeling
of conflict and direct confrontation between the
parties, the conciliation is considered as a
conducive step to avoid and avert recourse to
adjudication.
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• The I.D. Act, 1947, recognizing the ethical
and conducive value of the conciliation
process, has provided two authorities
charged with the same duty of conciliation
so that efforts to avoid litigation and bring
about settlement could be tried twice.
These conciliatory authorities are called
Conciliation Officer and the Board of
Conciliation.
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Conciliation by Conciliation Officer
• The scheme of conciliation through
Conciliation Officer is provided under
Sections 4, 11, 12 of the I.D . Act, where
Section 4 provides for the appointment of
the Conciliation Officer, Section 11 deals
with the powers of Conciliation Officer and
Section 12 describes the duties of
Conciliation Officer.
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Appointment of Conciliation Officer
• Section 4 of the Act empowers the appropriate
Govt. to appoint such number of persons as it
thinks fit, to be Conciliation Officer charged with
the duty of mediating in and promoting the
settlement of I.D. (sub-section 1). It may be
noted that the section did not prescribe any
qualification of such person who can be
appointed as Conciliation Officer, however, the
Govt. in its discretion appoints the officials of the
Labour Department to discharge this duty.
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• The last sentence in sub-section (1) states, thus:
"Conciliation Officer charged with the duty of
mediating in and promoting the settlement of l.D.".
This needs a little clarification that the Conciliation
Officer's duty is only to mediate in and conciliate the
disputes between the parties in order to "promote
settlement".
• The words "promoting settlement" clearly describe
the scope of his function limited only to promoting
settlement and "not to settle the I.D." by himself, nor
he can compel the parties to do so.
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• He is not an adjudicating authority, but a conciliation
officer who has to negotiate, examine the issues
involved in the I.D. and then by holding joint
meetings or by separately meeting the parties (Rule
11 of Central Rules, 1957) he shall endeavour to
persuade the parties to settle the dispute among
themselves. He can simply make suggestions and
try to convince the parties to arrive at mutually
agreeable terms and conditions to resolve the I.D.
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• The contents of sub-section (2) are purely
a matter of administrative convenience of
the appropriate Govt. to appoint
Conciliation Officer for a special 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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Powers and Procedure of Conciliation
Officer (Section 11)
• The powers of Conciliation Officer are
incorporated under sub-sections 2, 4 and
6 of Section 11 of the LD. Act.
• (a) Entry into the premises Section 11(2)
• (b) Power of a Civil Court Section 11(4)
• (c) Conciliation Officer is a Public Servant
Section 11(6)
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Powers Conciliation Officer….
• (a) Entry into the premises Section
11(2):- The Conciliation Officer needs to
visit the premises to which the I.D. relates
or is apprehended, in order to make
necessary inquiry and initiate conciliation
proceedings. For this purpose he is given
power to enter the premises after giving
reasonable notice.
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State of Bihar v. Kirpa Shanker Jaiswal (1961),
• In this case it was argued that since the Conciliation
Officer has not given notice about his visit to the
premises, the conciliation proceedings are not valid and
the settlement consequent to such proceedings are not
binding upon the parties.
• The Supreme Court explained the scope of the notice
under sub-section (2) and held that the requirement to
give notice is only to inform the parties that the person
visiting the establishment is not a stranger but an
authority under the Act, therefore failure to give notice
does not affect the conciliation proceedings nor the
settlement arrived at such proceedings.
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Powers ……
• Further Rules 9 and 10 of the LD.
(Central) Rules, 1957 lay down that if the
dispute involves a notice of strike or lock-
out in a public utility service, the
Conciliation Officer is required to interview
the employer and the workmen, in his
efforts to promote a settlement.
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(b) Power of a Civil Court Section 11(4)
• Under sub-section (4) of Section 11, the Conciliation
Officer is vested with the powers of a Civil Court
constituted under the Code of Civil Procedure, 1908, for
the following purposes:-
• (i) he may enforce the attendance of any person for the
purpose of examining him; and
• (ii) compelling the production of any document; and
• (iii) inspect any document which he has ground to
consider it to be relevant to the I.D., and for verifying the
implementation of any award; or
• (iv) for carrying out any other duty imposed on him under
this Act.
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(c) Conciliation Officer is a Public Servant [Sec.11(6)]
• Under sub-section (6) of Section 11 of the
I.D. Act, the Conciliation Officer is deemed
to be public servant within the meaning of
Section 21 of the Indian Penal Code,
1860, and thus he is protected against any
insult or assault by any person.
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Duties of Conciliation Officer
• 1. Conciliation Proceedings:- Section 12 of the Act
enumerates the duties of Conciliation Officer, which in
fact describes the whole process of conciliation. In U.K.
the' policy of the Govt. has been to resolve I.D. through
Collective Bargaining and in USA and Australia
compulsory adjudication gained ground. Both the
methods of resolution of I.D. have merits and demerits
and so is their impact on the Industrial Relations. India
adopted both compulsory as well as voluntary arbitration
under Section 10 and 10-A of the I.D. Act respectively.
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• Under Section 12, the Conciliation Officer is charged
with the duty of holding conciliation proceeding in
the prescribed manner. He is having a discretion to
conduct conciliation proceeding where an I.D. exists
or is apprehended in a non-public utility service, but
where the I.D. relates to a Public Utility Service and
a notice of strike or lock-out under Section 22 of the
J.D. Act has been given, the Conciliation Officer is
bound to conduct conciliation and he has no
discretion in such a situation.
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• He shall, for the purpose of bringing about a
settlement of the I.D. investigate the I.D. and a
matters affecting the merits and the right
settlement of I.D. without delay.
• However, no particular procedure is prescribed
for him to follow and he may, at his discretion,
do all such things as he think" fit for the purpose
of inducing the parties to come to a fair and
amicable settlement.
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• If the Conciliation Officer succeeds in his
efforts to bring about a settlement of I.D.
or any of the matters in the I.D. in the
course of conciliation proceedings, he
shall send a report (FAILURE /
SUCCESFUL) within 14 days, to the
appropriate Govt. or any officer authorized
by the Govt. in this behalf together with a
memorandum of settlement duly signed by
the parties. 41

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• In Sasamusa Sugar Works Ltd. v.
State of Bihar AIR 1955, the
Patna High Court held that the
Conciliation Officer can only send
a report; he has no authority to
pass a final order.
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• In Sasamusa Sugar Works Ltd. v.
State of Bihar AIR 1955, the
Patna High Court held that the
Conciliation Officer can only send
a report; he has no authority to
pass a final order.
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Board of Conciliation
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Introduction
• The Board of Conciliation is also a
conciliation machinery, broader in
constitution and wider in powers. The
scheme of conciliation by the Board of
Conciliation is provided under Sections 5,
11, 13, where Section 5 provides for the
constitution of the Board, Section 11
enumerates the powers of the Board and
Section 13 deals with its duties.
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Constitution of Board of Conciliation
• The Board of Conciliation is not a permanent
body and it is constituted as and when the
occasion arises and the appropriate Govt.
wants to refer any matter or I.D. to the Board
for promoting settlement thereof through
conciliating between the conflicting parties.
The Board of Conciliation is constituted by
the appropriate Govt. by notification in the
Official Gazette (Sec 5(1).
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• The Board of Conciliation may be constituted to
directly refer any I.D. to it for promoting
settlement or on failure of the conciliation
proceeding by the Conciliation Officer, as a
second attempt the same I.D. may be referred to
the Board and once again endeavour to get
settled the I.D. through conciliation.
• However the proceedings by the Conciliation
Officer is not a condition precedent for
constitution of the Board.
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• The Board consists of two or four other
members, who are appointed in equal number to
represent the parties to the I.D. and such
persons are appointed on the recommendation
of the respective parties. The Chairman is
appointed by the appropriate Govt., who shall be
an independent person i.e. impartial person not
connected with or interested in the I.D.
Therefore including the Chairman, a Board may
consist of either three or five members (sub-
sections 2& 3).
48

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• If any party fails to recommend its
representative within the prescribed
time, then the appropriate Govt. shall
appoint such person as it thinks fit to
represent that party (Proviso to subsection 3 of sec 5).
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Powers/Procedure of the Board of Conciliation Section 11
The powers of the Board are enumerated under
subsections 1, 2, 3 and 6 of Section 11 of the
I.D. Act, 1947. Keeping in view the peculiar
nature of duties assigned to Board to promote
settlement between the parties through
negotiation and inducement, no fixed procedure
is prescribed for and it is left to the discretion
and wisdom of the Board to follow such
procedure as it may think fit. (Subsection 1 of
Section 11).
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Entry into the Premises Sec. 11(2):
• The members of the Board of Conciliation,
like Conciliation Officer, need to visit the
premises of the establishment to which the
I.D. belongs. For this purpose the Board is
given power to enter the premises after
giving notice in order to make necessary
inquiry and initiate conciliation
proceedings. (subsection 2).
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Entry into the Premises Sec. 11(2):
• In State of Bihar v. Kirpa Shanker Jaiswal
AIR 1961 SC, the Supreme Court interpreted the
scope of notice under subsection 2 of Section
11, while dealing with the case relating to
Conciliation Officer, that the notice is required to
inform the parties that the authority visiting the
premises is not a stranger, therefore jf no notice
is given, it would have no effect on the validity of
the proceedings.
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Powers of a civil Court Sec. 11(3):-
• The Board of Conciliation is clothed with certain powers
vested with the Civil Court constituted under the Code of
Civil Procedure, 1908 in respect of the following matters,
namely:
• (a) enforcing the attendance of any person and
examining him on oath;
• (b) compelling the production of documents and material
objects;
• (c) issuing commissions for the examination of witness;
and
• (d) in respect of such other matters as may be
prescribed. (subsection 3)
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Judicial Proceedings: Sec. 11(3):-
• Every inquiry or investigation by a Board, shall
be deemed to be a judicial proceedings within
the meaning of Sections 193 and 228 of the
Indian Penal Code.'
• Section 193 of IPC prohibits fabricated or false
evidence to be given in the judicial proceedings
and
• Section 228 of IPC prohibits insult or interruption
of judicial proceeding.
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Members of the Board to be Public Servants Sec. 11(6):-
• All the members of the Board of
Conciliation are deemed to be public
servants within the meaning of
Section 21 of the Indian Penal Code.
The purpose of declaring such
members as public servants is to
protect them from any insult or
assault by any person.
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Duties of Board of Conciliation (Section 13):-
• The duties of Board of Conciliation are
enumerated in Section 13 of the I.D. Act, 1947.
The Board is also charged with the duty of
bringing about a settlement of the I.D. referred to
it and adopt any method as it thinks fit. It should,
without delay, investigate the dispute and all
matters and take such steps as it deem
necessary for the purpose of inducing the parties
to come to a fair and amicable settlement of the
dispute. (subsection 1).
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• If a settlement is arrived at during the
conciliation proceedings, the Board shall
send a report thereof, to the appropriate
Govt. together with a memorandum of the
settlement duly signed by the parties to
the I.D. (subsection 2).
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• On the contrary, if no' settlement is arrived at then the
Board, as soon as practicable after the close of the
investigation, send to the appropriate Govt. a full report
setting forth the steps taken by the Board for
ascertaining the facts and circumstances relating to the
I.D. and for bringing about a settlement of the dispute.
• In addition to the above, the Board shall also state the
facts and findings and the reasons on account of which,
in its opinion, a settlement could not be arrived at.
• Further the Board is also competent to make
recommendation to the appropriate Govt. for further
action for determination of the I.D. (subsection 3).
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• On receipt of the failure report under sub
section 3 above by the Board and in case
the I.D. relates to a public utility service,
and the appropriate Govt. decides not to
make a reference for such I.D. to Labour
Court, Industrial, Tribunal or National
Tribunal as the casemay be, it shall
communicate to the parties concerned its
reasons therefor. (subsection 4).
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Time-limit
• The conciliation proceedings by a Board of
Conciliation should be completed within a period
of two months from the date on which the
dispute was referred to it.
• However the appropriate Govt., in its discretion,
may fix a shorter period/ (may extend the time
limit) for submission of the report by the Board, if
the circumstances so demand and the
appropriate Govt. deem it expeditious to do so.
(subsection 5).
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Parties bound by the Settlement and the
Period of Operation (Sections 18, 19)
A settlement arrived at in the course of
conciliation proceedings under this Act is
binding on:
• (a) all parties to the I.D.,
• (b) all other parties summoned to appear
in the proceedings as parties, unless they
were called without proper cause,
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Parties bound by…….
(c) on part of the employer, settlement
binds his heirs, successors or assigns;
and
(d) on part of the workmen, all persons
who are employed in the concerned
establishment on the date of dispute and
all persons who subsequently become
employed in that establishment. (Section
18(3)).
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Parties bound by…..
• Such settlement is binding for such period as is
agreed upon by the parties, and if no such
period is agreed upon, for a period of six months
from the date on which parties signed the
Memorandum of Settlement. However it shall
continue to bind the parties after the expiry of
six months, until the parties give two months
notice in writing of their intention to terminate the
settlement, (Section 19(2)).
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Court of Inquiry
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Court of Inquiry
• The Court of Inquiry. is the machinery for the
investigation of I.D. provided under the I.D. Act,
1947. It fulfils the second object of the Act. The
scheme of investigation of I.D. by the Court of
Inquiry is provided under Sections 6, 11 and 14
of the Act, where Section 6 provides for the
constitution of Court of Inquiry, Section 11 deals
with the powers of the Court of Inquiry and
Section 14 deals with the duties of the Court of
Inquiry.
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Constitution of Court of inquiry
• Section 6: The Court of Inquiry, like
Board of Conciliation, is not a permanent
body and is constituted as and when
occasion arises and the appropriate Govt.
thinks it necessary, it may 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 I.D. (subsection 1).
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Constitution of Court of lnquiry
• The Court of Inquiry may consist
of one or more independent
persons, as the Govt. may think
fit, and where a Court consists of
two or more members, one of
them shall be appointed as the
Chairman. (subsection 2).
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Court of Inquiry
• The Court of Inquiry is charged with the
duty of investigation of I.D. or any matter
appearing to be connected with or relevant
to the I.D. It is quite possible that, some
times, the relevant matter or issue may
require investigation or assistance from
the persons having special knowledge of
the matter under consideration or inquiry
by the Court of Inquiry.
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Court of Inquiry
• For example the medical opinion may be
required to inquire into the causes of any
accident, death or physical injury.
Therefore the Court of Inquiry is allowed
by virtue of this subsection to appoint one
or more persons having special
knowledge of the matter under its
consideration, to advise the Court in its
proceedings.
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LABOUR COURT, INDUSTRIAL
TRIBUNAL, NATIONAL
TRIBUNAL
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Origin
• As originally enacted the ID. Act, 1947 did not make
provision for the constitution of the Industrial Court on
permanent basis and it only empowered the appropriate
Govt. to constitute such Courts on adhoc basis as and
when required. But in the year 1950, the ID. (Labour
Appellate Tribunal) Amendment Act, 1950 was enacted
which provided for the constitution of an appellate
tribunal whose members were either the Judges of High
Courts or qualified to be appointed as such.
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Origin
• Again in the year 1956 through another
amendment, threetier system of Labour Court,
Industrial Tribunal and National Tribunal was
introduced and the jurisdiction of each of the
three Courts is clearly demarcated. While the
purpose of all the three Courts is to adjudicate
the ID., they differ in the matter and nature of the
subjectmatter of the ID.
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Origin
• The LC/IT/NT are constituted under
Sections 7, 7A and 7-B respectively and
their powers are enumerated under
Sections 11 and 11-A of the ID. Act.
Section 15 lays down the duties of the
LC/IT/NT.
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Constitution of Labour Court: (Section 7)
• The appropriate Govt. may, by
notification in the Official Gazette,
constitute one or more Labour Courts
for the adjudication of I.D. .
• A Labour Court shall consist of one
person only to be appointed by the
appropriate Govt.
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Constitution of Labour Court
• The qualifications of the persons to be appointed as
Presiding Officer of the Labour Court are described as
under:-
• (i) he is or has been a Judge of a High Court; or
• (ii) he has, for a period of not less than three years, been
a District Judge or an Additional District Judge; or
• (iii) he has held any judicial office in India for not less
than seven years; or
• (iv) he has been the Presiding Officer of a Labour Court
constituted under any Provincial Act or State Act for not
less than five years.
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Jurisdiction of Labour Court
• The Labour Court is empowered to adjudicate I.D. relating to any
matter specified in the Second Schedule .
• The Second Schedule specifies the following matters which are
within the jurisdiction of the Labour Court.
1. The propriety or legality of an order passed by an employer under
the Standing Orders;
2. The application and interpretation of Standing Orders;
3. Discharge or dismissal of workmen including reinstatement of, or
grant of relief to workmen wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. Illegality or otherwise of a strike or lock-out; .and
6. All matters other than those specified in the Third Schedule.
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Constitution of lndustrial Tribunal
• The appropriate Govt. may constitute
one or more Industrial Tribunal for the
adjudication of industrial disputes.
• The Industrial Tribunal consists of
only one person to be appointed by
the appropriate Govt.
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Constitution of lndustrial Tribunal
• The qualifications of the person who can be appointed
as the Presiding Officer of the Industrial Tribunal have
been enumerated as under:-
• (i) he is or has been a Judge of a High Court, or
• (ii) he has, for a period not less than three years, been a
District Judge or an Additional District Judge.
• The appropriate Govt. if it thinks fit, may appoint two
persons to advise the Tribunal in the proceeding before
it.
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Jurisdiction of Industrial Tribunal
• Second/Third Schedule Matters:- The matters falling
within the jurisdiction of Industrial Tribunal have been
enumerated in the Second and Third Schedule of the
Act.
• The Third Schedule matters are specified as under:-
• (1) Wages, including the period and mode of payment;
• (2) Compensatory and other allowances;
• (3) Hours of work and rest intervals;
• (4) Leave with wages and holidays;
• (5) Bonus, Profit-sharing, Provident Fund and Gratuity;
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Jurisdiction of Industrial Tribunal
• (6) Shift-working otherwise than in accordance
with Standing orders;
• (7) Classification by grades;
• (8) Rules of Discipline;
• (9) Rationalization;
• (10) Retrenchment of Workmen and Closure of
establishment; and
• (11) Any other matter as may be prescribed.
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Constitution and jurisdiction of National
Tribunals
• The National Tribunal is always constituted by the
Central Govt. only.
• The Central Govt., under Section 7B, may constitute one
or more National Tribunals for the adjudication of I.D.
which, in the opinion of the Central Govt., involve
questions of national importance or are of such a nature
that industrial establishments in more than one State are
likely to be interested in, or affected by such disputes.
Such ID may relate to Second or Third Schedule
matters.
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Constitution and jurisdiction of National
Tribunals
• A National Tribunal also consists of only one
person to be appointed by the Central Govt.
• As regards qualifications of such person who
can be appointed as Presiding Officer of the
National Tribunal, it is laid down that only a
person who is or has been a Judge of a High
Court can be appointed as Presiding Officer .
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Disqualifications of the Presiding Officers
• Under Section 7C, the disqualifications for the
Presiding Officers of LC/IT/NT are mentioned as
under:-
• No person shall be appointed to, or continue in
the office of Presiding Officer of LC/IT/NT, if:-
• (a) he is not an independent person; or
• (b) he has attained the age of sixty five years.
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Procedure of LC/ IT/ NT
• It is pertinent to note that the proceeding before
the LC/ITINT are conducted by their own
procedure and no fixed rules are prescribed in
this regard. The procedure usually adopted by
Common Courts is not followed by the LC/ITINT.
These Courts are given discretion to follow such
procedure as they think fit in order to come to a
fair and meritorious findings. (Section 11).
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Procedure of LC/ IT/ NT
• The Presiding Officer of LC/ITINT may enter the
premises of the concerned establishments for
the purpose of inquiry into any existing or
apprehended ID, after giving reasonable notice
to the concerned parties. (sub-section 2).
• State of Bihar v. K.S. Jaiswal, AIR 1961 SC 340.
• The requirement of giving a prior notice is only to inform
the parties that the persons, visiting their premises are
not strangers and, if no notice is given, then the failure to
do so would not affect the validity of the proceedings
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Powers of LC/ IT/ NT
• The LC/IT/NT are given the powers vested in a Civil Court
constituted under Code of Civil Procedure, 1908, for the
following matters:-
• (a) enforcing attendance of any person and examining him on
oath;
• (b) compelling production of documents and material objects;
• (c) issuing commissions for the examination of witnesses; and
• (d) in respect of such other matters as may be prescribed.
• Further, the proceedings before the LC/IT/NT shall be
deemed to be a judicial proceeding within the meaning of
Sections 193, 228 of the Indian Penal Code, 1860.
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• GRIEVANCE SETTLEMENT
AUTHORITIES
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Origin
• In regulating industrial relations between employer and
workmen, the grievance of an individual workman has
long been ignored and he could not attract the attention
of the concerned authority nor he alone could compel
application of any legal provision for the redressal of his
grievances.
• It was around 1958-59 that a Tripartite Committee
discussed the Model Grievance Procedure in conformity
with the principles and procedures usually followed over
a long period by various industrial establishments and as
required by the law'.
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Model Grievance Procedure
• The Model Grievance Procedure consisted of successive
time-bound steps, each leading to another in successive
attempt being dissatisfied by the earlier step. According
to this Model, an industrial workman would first approach
a designated officer in this regard and make a verbal
representation. The Officer was expected to give reply
within 48 hours. Being dissatisfied with the reply, the
aggrieved individual workman would go to the
departmental head, accompanied by his department
representative and present his case. The departmental
head had to respond to the grievance and settle it within
3 days.
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• If the individual workman still could not get the
justice or is dissatisfied, he had to avail the
services of a 'Grievance Committee'
constituted by the employer for the purpose
consisting of the representatives of the
management and the workmen. The Grievance
Committee within 7 days would make final
recommendation to the Manager. The
Manager within 3 days would communicate his
decision.
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• Being still aggrieved or dissatisfied,
the individual workman could finally
approach the higher authorities along
with the Trade Union representative,
wherein either the matter could be
settled or the parties would agree to
refer it to the arbitration.
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Recommendations of National
Commission on Labour, 1969
• It is quite obvious that this Model
Grievance Procedure contained too many
stages and the whole procedure had
become cumbersom and over-burdened
by repetitive efforts and multiplicity of
authorities.
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Grievance Settlement Authorities under the I.D. Act
Section 9C
• The I.D. Act, by an amendment in 1982, inserted Section
9-C to provide for reference of certain individual disputes
to Grievance Settlement Authorities. But this is yet to be
brought into force.
• It required every employer, employing fifty or more
workmen on any day during the preceding twelve
months, to provide for a Grievance Settlement authority
in accordance with the rules, for the settlement of I.D.
connected with an individual workman employed in
his establishment .
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Grievance Settlement Authorities under the I.D. Act Section 9C
• It is further laid down that where such I.D. relating to
an individual workman arises, the workman or any
Trade Union of which the concerned workman is a
member, refer such dispute to the Grievance
Authority.
• In order to give sanctity to this Authority, the Act
further laid down that no reference of such I.D.
could be made by the appropriate Govt., unless
such dispute has been referred to the Grievance
Settlement Authority concerned and its decision
thereon is not acceptable to any of the parties.
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• Thank You
95

The industrial dispute act 1946 2

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