Work Committee

1. In the case of any industrial establishment in which one hundred or more workmen are employed or
have been employed on any day in the preceding twelve months the appropriate Government may by
general or special order require the employer to constitute in the prescribed manner a Works
Committee consisting of representatives of employers and workmen engaged in the establishment so
however that the number of representatives of workmen on the Committee shall not be less than the
number of representatives of the employer.

2. It shall be the duty of the Works Committee to promote measures for securing and preserving amity
and good relations between the employer and workmen and, to that end, to comment upon matters of
their common interest or concern and endeavor to compose any material difference of opinion in
respect of such matters.

Conciliation Proceedings

# The appropriate Government may, by notification in the Official Gazette, appoint such 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.

# 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 two or four other members, as the appropriate Government
thinks fit.

Labor 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 then, under this Act.

# A Labour Court shall consist of one person only to be appointed by the appropriate Government.
Arbitration

# The Arbitration and Conciliation Act, 1996 came into force with effect from 22.8.1996. It consolidates
and amends the law relating to domestic arbitration, international commercial arbitration and
enforcement of foreign arbitral awards.

# It applies to the whole of India. It applies to the State of Jammu and Kashmir to the extent of the
provisions relating to enforcement of foreign awards, which apply in full, other provisions apply insofar
as they relate to international commercial arbitration or conciliation. The Act is based on the conciliation
rules adopted by the United Nations Commission on International Trade (UNCITRAL)

What Is Arbitration?

Arbitration is a process of dispute resolution in which a neutral third party (called the arbitrator) renders
a decision after a hearing at which both parties have an opportunity to be heard. It is the means by
which parties to a dispute get the same settled through the intervention of a third person, but without
having recourse to court of law.

Tribunals

The appropriate Government may, by notification in the Official Gazette, constitute one or more
Industrial Tribunals for the adjudication of industrial disputes relating to any matter and for performing
such other functions as may be assigned to them under this Act.

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

Industrial Tribunal

According to Section 7 of the Industrial Dispute Act, 1947 the appropriate government has the authority
to appoint the tribunals for adjudicating on the matters of industrial dispute .Generally a tribunal is
appointed for adjudicating on the matters which have failed to form a solution through the other
machinery of conciliation authorities .These Tribunals are somewhat different from courts though they
have been empowered to adjudicate on industrial disputes.

National Tribunals
(1) The Central Government may, by notification in the Official Gazette, 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 such a nature that industrial
establishments situated in more than one State are likely to be interested in, or affected by, such
disputes.

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

(3) 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.

(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the
National Tribunal in the proceeding before it.

Procedure of Industrial And National Tribunals

(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, court, Labor Court,
Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority concerned
may think fit.

(2) A conciliation officer or a member of a National Tribunal may for the purpose of inquiry into any
existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied
by any establishment to which the dispute relates.

3) Every Board, court, National Tribunal shall have the same powers as are vested in a Civil Court under
the Code of Civil Procedure,1908 (5 or 1908), when trying a suit, 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 witnesses;

(d) in respect of such other matters as may be prescribed, and every inquiry or investigation by a Board,
court, National Tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193
and 228 of the Indian Penal Code (45 to 1860).
(4) A conciliation officer may enforce the attendance of any person for the purpose of examination of
such person or call for and inspect any document which he has ground for considering to be relevant to
the industrial dispute or to be necessary for the purpose of verifying the implementation of any award
or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the
conciliation officer shall have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908).

(5) A court, Labor Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more
persons having special knowledge of the matter under consideration as an assessor or assessors to
advise it in the proceeding before it.

(6) All conciliation officers, members of a Board or court and the presiding officers of a Labor Court,
Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code (45 of 1860).

(7) Subject to any rules made under this Act the costs of, and incidental to, any proceeding before a
National Tribunal shall be in the discretion of that National Tribunal, and the National Tribunal, as the
case may be, shall have full power to determine by and to whom and to what extent and subject to what
conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes
aforesaid and such costs may, on application made to the appropriate government by the person
entitled, be recovered by that government in the same manner as an arrear of land revenue.

(8) Every National Tribunal shall be deemed to be civil court for the purposes of sections 345, 346, and
348 of the Code of Criminal Procedure, 1973 (2 of 1974).

Powers of National Tribunal

Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a
National Tribunal for adjudication and, in the course of the adjudication proceedings, the National
Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may,
by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on
such terms and conditions,
Provided that in any proceeding under this section the National Tribunal, as the case may be, shall rely
only on the materials on record and shall not take any fresh evidence in relation to the matter.

Matters With In The Jurisdiction Of Industrial Tribunals (Section 7A)

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;

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;

11. Any other matter that may be prescribed.

Machinery Provided For Settlement of Industrial Dispute Act, 1947

Works Committee - Section.3

Conciliation Officer - Section.4

Board of Conciliation - Section.5

Courts of Enquiry - Section.6

Labour Courts - Section.7

Industrial Tribunal - Section.7A

National tribunal - Section.7B

Works committee - Section.3

1. Appointed by the appropriate Government.

2. Duty: Settlement of industrial disputes.

3. Nature: Appointed for a specified area or for specified industries in a specified area or for one or more
specified industries in a specified area or for one or more specified industries and either permanently or
for a limited period.

Conclusion

An industrial dispute may be defined as a conflict or difference of opinion between management and
workers on the terms of employment. It is a disagreement between an employer and employees'
representative; usually a trade union, over pay and other working conditions and can result in industrial
actions.

When an industrial dispute occurs, both the parties, that is the management and the workmen, try to
pressurize each other. The management may resort to lockouts while the workers may resort to strikes,
picketing or gears.

It ensures harmonious relations through:

a) Monitoring of industrial relations in Central Sphere.

b) Intervention, mediation and conciliation in industrial disputes in order to bring about settlement of
disputes.

c) Intervention in situations of threatened strikes and lockouts with a view to avert the strikes and
lockouts.

d) Implementation of settlements and awards.

Industrial Tribunals are independent judicial bodies that hear and determine claims to do with
employment matters. These include a range of claims relating to unfair dismissal, breach of contract,
wages/other payments, as well as discrimination on the grounds of sex, race, disability, sexual
orientation, age, part time working or equal pay.
The Central Government may, by notification in the Official Gazette, 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 such a nature that industrial
establishments situated in more than one State are likely to be interested in, or affected by, such
disputes.