Sunday, November 23, 2014

Industrial Dispute Act. - Authorities Under Industrial Dispute Act

Various Authorities under the Industrial Dispute Act:
Sections 3 to 9 of the Industrial Disputes Act deals with the authorities under the Act;
(a) Works committee.
(b) Conciliation officer
(c) Boards of conciliation
(d) Courts of inquiry.
(e) Labour courts.
(f) Tribunals
(g) National Tribunals.

(a) Works Committee: The appropriate government may require the institution, in the prescribed manner, of a works committee in the case of any industrial establishment in which 100 or more workmen are employed. Such works committee consists of representatives of employers and workmen employed in the establishment. The workmen representatives are to be chosen in the prescribed manner from among the workman engaged in the Industry and in consulting with registered trade unions if any.

(b) Conciliation Officer: The Act provides for conciliation as a method of settlement of disputes. The appropriate government by gazetted notification appoints -Conciliation officers. The duties of conciliation officer include (i) to mediate in the settlement of industrial disputes. (ii) To promote the settlement of disputes.
The conciliation officer has to mediate on a particular case within 14 days and send a report to the government giving details of the steps taken to settle the disputes listing reasons for success or failure in reaching an agreement.
(c) Board of Conciliation: The appropriate government may, as occasion arises by gazetted notification, constitute a board of conciliation for promoting the settlement of industrial disputes. Such board consists of a chairman and two or four other members. The board’s main duty is to promote the settlement of industrial disputes.
(d) Courts of Inquiry: The appropriate governmental may as occasion arises, by gazette notification constitute a court of inquiry for inquiring into industrial dispute. A court of inquiry may consist of one or more independent person or persons. Court of inquiry is expected to inquire into matters referred to it and report there on the appropriate government, ordinarily within a period of 6 months from the commencement of the inquiry.
(e) Labour Court: The appropriate government may constitute by notification one or more Labour Courts consists of one person only appointed by appropriate government. Person should be or must have been a judge of a high court or he should have been a district judge for not less than 3 years.
Where an industrial dispute has been referred to a labour court for adjudication it is bound to hold its proceedings expeditiously and thereafter as soon as possible as it is practicable on the conclusion thereof to submit its award to the appropriate government.
(f) Industrial Tribunal: An appropriate government may, by notification in the official gazette, constitute one or more Industrial tribunals for the adjudication of industrial disputes. The tribunal consists of one person only appointed by the Government. The Industrial Tribunals have wider jurisdiction than labour courts.

(g) National Tribunal: National tribunals are constituted by appropriate Government for adjudication of industrial disputes which in the opinion of the Central Governmental (a) involve questions of national importance, or (b) are of such nature that industrial-establishments, situated in more than one state are likely to be interested in or affected by such dispute. A National Tribunal consists of one person only to be appointed by the central government.