D.

Settlement
settlement
(Section
means a
2(p)):
includes a
written settlement arrived at in the course of
agreement
than in the course of between the employer and conciliation proceeding and
conciliation
the parties thereto in such proceeding
manner as may be where such
workmen arrived at otherwise
toan officer.
authorized in this prescribed agreement
and
has been signed by
officer. behalfby] the appropriate copy thereofhas
a
been sent
Government: t and the
conciliation
5.2 ImportantDefinitions
A
Industry (Section 2
Summary
Dominant Nature Test(())Amended Definition of Industry,
B. Industrial Dispute (Section 2 (k) Triple Test &
C. Award (Section 2 (b)
D. Settlement (Section 2 (p))
s3 Mechanism for
Settlement of Industrial Dispute under the Act:
The Industrial Dispute Act, 1947 Chapter II
nrovides the constitution of mechanism for(Authorities under the Act) Section 3 to 9
settlement machinery are as follows: settlement of industrial disputes. These
1.Work Committee
(Section 3):
The workS committee is a
committee
workmen. The works committee consisting of
is a forum for representatives of employers and
parties. The main objective of the works explaining the difficulties of all the
the day-to-day working of a committee is to solve the problems arising in
concern and to secure industrial harmony.
The function of the working committee is to
and to arrive at some ascertain the grievances of the employees
by the appropriate agreement. The committee is formed by general or special order
Government in an industrial establishment
workmen are employed or have been employed on any day in which 100 or more
ltconsists of the representatives of employers and in the preceding 12 months.
2. Conciliation workmen engaged in the establishment.
Officer (Section 4):
ror promoting and settlement of industrial
0y notification in the official Gazette, disputes the appropriate Government may
appoint such number of conciliation officer as it
inks 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 aspecified area or for specified industries in a
i area or for one or more specified industries and either permanently or for a
limited period.

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 The duty of the conciliation officer is not judicial but administrative. He has to hold
conciliation proceedings,investigatethe disputes and do all suchthings as he thinks fit
1of the purpose of inducing the parties to arrive at a fair settlement of the disputes.
The conciliation oficer is entitled to enter an establishment to which the dispute relates
after reasonable notice and also tocall 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 daye
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.
3. Boards of Conciliation (Section 5):
1. The AppropriateGovernment may as event emerges by notice in the Oficial Gazette
speak to aBoard of Conciliation for advancing the settlement of an industrial dispute.
2. A Board shall be consisting of Chairman and 2 or 4'unique
individuals, as the
Government think fit.
3. The Chairman will be an independent individual and
other member will be
representative of the disputed party.
4. Court of Inquiry (Section 6):
The Appropriate Government may by
court of inquiry into any matter appearingnotification in the official Gazette, constitute a
tobe connected with or relevant tO
of industrial disputes having an settlement
the appropriate independent person or of such
may think fit. The court consists ofindependent persons as
Government
one of whom shall be appointed by the two or more members
court has to send a report thereon to the Chairman. Within a period of 6 months, the
of its any inquiry. This period is appropriate Government from the
It has the same powers as
notmandatory and it may be
extend.
commencement
are vested in a Civil Court
1908,in the under the Code of Civil
following matters Procedure
a) Enforcing the attendance of any person and
b) Compelling the production of documents andexamining him on oath,
material objects,
c) Issuing commissions for the
d) In respect of such examination of witnesses,
other
be signed by all the matters as may be prescribed, The report of the
The Report
members. A member can
submit a note of
Court must
together with the dissenting note must be dissent.
Government within 30 days published by the appropriate
any settlement upon the from its report. Acourt of enquiry has no
parties. power toimprove

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5.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. Alabour 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.
Anerson shall be presiding ofYicer of a labour court unless:
a) Heis or has been, a Judge of the High court,
h He has for aperiod of not less than three years, been aDistrict Judge or an Additional
District Judge or
He has held any judicial office in India for not less than seven years; or
d He has been the presiding officer ofa Labour Court constituted under any provincial
Act or StateAct for not less than five years. e. He must be an independent person
and must not have attained the age of 65 years.
Case Laws -
)Anand Bazar Patrikav Their Employees
This case was the appellant and betvween the workers, the respondent. This issue was
about aperson, Gupta, whose retirement was against the service conditions of the
compary. The court also held the decision against the appellant that Gupta was aworkman
on the day of hisretirement and thus, the award was given against the appellant.
ii) Awaz Prakashan Private Ltd. v Pramod Kumar Pujari
In this case the appellant was running aprinting press and was publishing newspapers
bythe name of'Awaz'. So, as per the words of the appellant, he said that he closed the
publication and stopped the printing of the newspaper and thus he retrenched the workman
from services as of Ist July 1989. The responded contended that his retrenchment was
not complying with the provisions in the Industrial disputes Act, 1947.
6. Industrial Tribunals (Section 7-A):
The reasonable government may, by warning in the official newspaper, establish at least
one industrial court for the mediation of industrial disputes identifying with any issue,
regardless of whether indicated in the subsequent calendar or the third schedule. Acouncil
will comprise of one individual just to be selected by the corporate Government. An
individual willnot be equipped for arrangement as the managing official of a Tribunal
except if:
I) He/she has been a judge of high court or has been one.
2) Avice president work official (focal) or joint magistrate of the state work office,
having a degree in law.
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 Case Laws - Worknmen
Bangalore v Their between the management
Minerva MillsLtd. Bangalore and the
)
of the Minerva Mills Ltd, and manufacturing co.
limited,
spinning
Two disputes disputes of Mysore referred to the said industrial als
two
workers and management and the workers were
other
tribuna
disputes were also referred to
betweenthe
the Act for adjudication, several
5 out of22 disputes wereireferredthe
10 (1) c of only
Till 15th June 1952,it was seenthat disputes which are concerned.
tribunal. the four
one year expired. In actually proceededtorecord any
it when the period of
tribunal had only framed
the issues and not evidence.
ii) Lipton Ltd. case the United Kingdom, with most of it
was incorporated in
The appellant companygroceries which included 10% of its business there
and tea, Calcutta, and th
stores from London, of out by a branch with its head office in
Inda
operations in India were carried the sale of 'packaged tea' throughout all of
of
business there consisted mainly branch controlled the workmen ofPunjab, Delhi, Rajasthan
The Delhi office ofits Indian connection with the other side ofthe business.
no
and Utar Pradesh but had
7. National Tribunals (Section 7-B): official gazette comprise at least
may, by warning in the
The government at the centre for the settling of industrial disputes which, in the
one national industrial Tribunal including inquiries of national significance
assessment of thegovernment at the centre, are
nature, that industrial foundations arranged in more than one state
or are of such a
such disputes.
probably going to be keen on, or influenced by,
tribunal willcomprise ofjust a single individual that will be named by
1) A national
the government at the centre.
as the directing official of a
2) An individual willnot be equipped for arrangement the High Court.
national tribunal, except if he is or has been a judge of
people as assessors
3) The government at the centre may, if it thinks so fit select tvwo
to encourage national tribunal in the procedure before it.
8. GrievanceSettlement Authority (Section 9(c):
(1) The employer in relation toevery industrial establishment in which fifty or mor:
workmen are employed have been employed on any day in the preceding twelve
months, shallprovide for, in accordance with the rules made in that behalf under
this Act, a Grievance Settlement Authority for the settlement of industrial disputes
connected with an individual workman employed in the establishment.
(2) Where an industrial dispute connected with an individual workman arises in a
establishment referred to in sub-section (1), a workman or any trade union
workmen of which such workman is a member. refer. in such
escribed such dispute to the Grievance Settlement Authority manner asforiiby t
employer under that sub-section for settlement. provided

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(3) The Grievance Setlement Authorityreferred to in sub-section (1) shall follow such
procedure and complete its proccedings within such period as may be prescribed.
(4) No reference shall be made under Chapter IIl with respect to any dispute referred
to in this section unless such dispute has been referred to the Grievance Settlement
Authority concerned and the decision of the Grievance Settlement Authority is not
acceptable to any of the parties to the dispute.
Summary
5.3 Mechanism for Settlement of Industrial Dispute under the Act:
1. Work Committee (Section 3):
2. Conciliation Officer (Section 4):
3. Boards of Conciliation (Section 5):
4. Court of Inquiry (Section 6):
5. Labour Court (Section 7):
Case Laws -
i) Anand Bazar Patrika v Their Employees
i)AwazPrakashan Private Ltd. v Pramod Kumar Pujari
6. Industrial Tribunals (Section 7-A):Case Laws -
i)Minerva Mills Ltd. Bangalore v Their Workmen
ii)Lipton Ltd. case
7. NationalTribunals (Section 7-B):
8. Grievance Settlement Authority (Section 9 (c)):

5.4 Reference of Disputes:

Chapter III (Reference of Disputes to Boards, Courts or Tribunals) and Section 10 &
10-A of the Industrial Dispute .\ct, 1947 deals with the provisions of the reference of
dispute. These are as follows:
1. Reference of Disputes to Boars, Courts or Tribunal (Section 10):
Any industrial disputes should have to referred by the Appropriate Government under
section 10for adjudication, to the Conciliation Board, Labour Court, Court of Inquiry
or Industrial Tribunal or National Tribunal
Amatter is referred to the Conciliation Board for promoting the settlement of thedisputes.
The Conciliation Board is to promote settlement and not to adjudicate. But if the purpose
of reference of the matter is investigatory instead of conciliatory or adjudicatory, it
should be referred to Court of Inquiry. Again, if the matter is related to the Second
Schedule or Third Schedule, it is referred to the Labour court.
On the other hand. any matter of the industrial disputes which may relate to the Second
Schedule or Third Schedule may refer to the Industrial Tribunal.

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