AUTHORITIES UNDER THE INDUSTRIAL DISPUTES ACT, 1947

WORKS COMMITTEE (Section 3):

The works committee is a committee consisting of representatives of employers and

workmen. The works committee is a forum for explaining the difficulties of all the
parties. The main objective of the works committee is to solve the problems arising in
the day-to-day working of a concern and to secure industrial harmony. The function of
the working committee is to ascertain the grievances of the employees and to arrive at
some agreement. The committee is formed by general or special order by the
appropriate Government in an industrial establishment in which 100 or more workmen
are employed or have been employed on any day in the preceding 12 months. It
consists of the representatives of employers and workmen engaged in the
establishment.

It shall be the duty of the working committee to promote measures for securing and
preserving amity and good relations between the employers and workmen and, to that
end, to comment upon matters of their common interest or concern and to endeavor to
compose any material difference of opinion in respect of such matters and decision of
the works committees are not binding.

CONCILIATION OFFICER (Section 4):

For promoting and settlement of industrial disputes the appropriate Government may
by notification in the Official Gazette, appoint such number of conciliation officer as it
thinks fit. The main objective of appointing conciliation officer is to create congenial
atmosphere within the industry and reconcile the disputes of the workers and the
employers. He 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.

The duty of the conciliation officer is not judicial but administrative. He has to hold
conciliation proceedings, investigate the disputes and do all such things as he thinks fit
for the purpose of inducing the parties to arrive at a fair settlement of the disputes. The
conciliation officer is entitled to enter an establishment to which the dispute relates,
after reasonable notice and also to call for and inspect any document which he consider
relevant. He has to send a report and memorandum of settlement to appropriate
Government. The report by the conciliation officer has to be submitted within 14 days
of the commencement of the conciliation proceeding or shorter period as may be
prescribed by the appropriate Government. The conciliation officer has the power to
enter the premises as well can call for and inspect documents.

BOARDS OF CONCILIATION (Section 5):

The appropriate Government may by notification in the Official Gazette, constitute a

Board of Conciliation for the settlement of industrial disputes. The Board shall consist of
a chairman and 2 or 4 other members in equal numbers representing the parties to the
disputes as the appropriate Government thinks fit. The Chairman shall be an
independent person. A person is “independent” for the purpose of appointment to a
Board, Court or Tribunal if he is uncommitted with the dispute or with any industry
directly affected by such dispute. He may be a shareholder of a company connected
with or likely to be affected by such disputes. But in such a case he must disclose to the
Government the nature and intent of his share [Section 2(i)]. Where the appropriate
Government is of the opinion that any industrial disputes exist in an industry, it may
refer by order in writing to the Board of Conciliation for settling industrial disputes.
The Board of Conciliation has to bring about a settlement of the dispute. He has to send
a report and memorandum of settlement to appropriate Government. He has to send a
full report to the Appropriate Government setting for the steps taken by the Board in
case no settlement is arrived at. The Board of Conciliation has to communicate the
reasons to the parties if no further reference is made. The Board has to submit its report
within 2 months of the date on which the dispute was referred to it within the period
what the appropriate Government may think fit. The report of the Board shall be in
writing and shall be signed by all the members of the Board.

COURT OF INQUIRY (Section 6):

The appropriate Government may by notification in the Official Gazette, constitute a

court of inquiry into any matter appearing to be connected with or relevant to
settlement of industrial disputes having an independent person or of such independent
persons as the appropriate Government may think fit. The court consists of two or more
members one of whom shall be appointed by the Chairman. Within a period of 6
months, the court has to send a report thereon to the appropriate Government from the
commencement of its any inquiry. This period is not mandatory and it may be extend.

It has the same powers as are vested in a Civil Court under the Code of Civil Procedure
1908, in the following matters—

enforcing the attendance of any person and examining him on oath,

compelling the production of documents and material objects,

issuing commissions for the examination of witnesses,

in respect of such other matters as may be prescribed.

The report of the Court must be signed by all the members. A member can submit a
note of dissent. The Report together with the dissenting note must be published by the
appropriate Government within 30 days from its report. A court of enquiry has no
power to improve any settlement upon the parties.

LABOUR COURT (Section 7):

The appropriate Government may by notification in the Official Gazette, constitute one
or more labour court for adjudication of industrial disputes relating to any matters
specified in the Second Schedule. A labour court consists of one person only to be
appointed by the appropriate Government.

The main function of the labour court is to hold its proceedings expeditiously and
submit its award as the proceeding concludes.

A person shall be presiding officer of a labour court unless —

he is or has been, a Judge of the High court,

he has for a period of not less than three years, been a District Judge or an Additional
District Judge or

he has held any judicial office in India for not less than seven years; or
he has been the presiding officer of a Labour Court constituted under any provincial
Act or State Act for not less than five years.

he must be an “ independent “ person and must not have attained the age of 65 years.

LABOUR TRIBUNALS (Section 7- A):

The appropriate Government may by notification in the Official Gazette, constitute one
or more Industrial Tribunals for adjudication of industrial disputes. A Tribunal shall
consist of one person to be appointed by the appropriate Government. The Appropriate
Government may appoint two persons as assessors to advise the Tribunal. The person
shall be not qualified unless—

he is, a Judge of the High court,

he has for a period of not less than three years, been a District Judge or an Additional
District Judge.

The appropriate Government may, if it so thinks fit, may appoint two persons as
assessors to advise the Tribunal in the proceeding before it.

The functions of the Tribunals are very much like those of a body discharging judicial
functions, although it is not a Court. Its power is different from that of a Civil Court.
The proceedings before an Industrial Tribunal are quasi-judicial in nature with all the
attributes of a Court of Justice. The Government is empowered under Section 7-A of the
Act to constitute for a limited time which comes to an end automatically on the expiry
of the said period for any particular case. The duties of Industrial Tribunal are identical
with the duties of Labour Court, i.e. on reference of any industrial disputes; the
Tribunal shall hold its proceedings expeditiously and submit its award to the
appropriate Government.

NATIONAL TRIBUNALS (Section 7 B)

The Central Government may, by notification in the Official Gazette, constitute one or
more National Industrial Tribunals for the adjudication of industrial disputes. National
Industrial Tribunals are involve only in case of the questions of national importance or
if they are of such a nature that industrial establishments situated in more than one
State are likely to be interested in, or affected by, such industrial disputes. It consists of
one person only to be appointed by the Central Government. The person shall not be
qualified for appointment as the presiding officer unless he is, or has been, a Judge of a
High Court. Beside these, the Central Government may, if it thinks fit, appoint two
persons as assessors to advise the National Tribunal in the proceedings before it.

Notice of change [section 9A]

under the Industrial Disputes Act 1947 , no employer who proposes to effect any
change in the conditions of service applicable to any workman in respect of any matter
specified in the Fourth Schedule, shall effect such change,-

without giving to the workmen likely to be affected by such change a notice in the
prescribed manner of the nature of the change proposed to be effected; or

within twenty-one days of giving such notice:

PROVIDED that no notice shall be required for effecting any such change-
where the change is effected in pursuance of any 61[ settlement or award]; or

where the workmen likely to be affected by the change are persons to whom the
Fundamental and Supplementary Rules, Civil Services (Classification, Control and
Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil
Services Regulations, Civilians in Defense Services (Classification, Control and Appeal)
Rules or the Indian Railway Establishment Code or any other rules or regulations that
may be notified in this behalf by the appropriate Government in the Official Gazette,
apply.]