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AUTHORITIES UNDER THIS ACT

Works committee

Conciliation officers

Board of conciliation Courts of inquiry

Labour courts

Tribunals National tribunals

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WORKS COMMITTEE

Where? : establishments with 100 or more

workers [Sec.3(1) &(2)]

Members : Equal number of representatives of

the Employer and Employees [Sec.3(1) & Rule

40]

Objective : promotion of good relationship

between employer and employee(s)

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CONCILIATION OFFICERS

Appointed by appropriate Government

Nature : 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.

Duties :

When a strike/lockout notice is issued in a publicutility service, he is bound to convene immediate

conciliation meeting. [Sec.12(1) and Rule 9(1)]

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(Contd.)

If he succeeds in bringing out an

understanding he gets the parties to sign a

settlement in Form H (Rule 58(1)] and

make necessary entries in the register inForm O and sent a copy to the Govt.

[Sec.12(3) and Rules 58(1)(3) & 75]

If he fails to brings about a settlement, hehas to bring the fact to the attention of the

Govt. [Sec.12(4)]

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BOARDS OF CONCILIATION

Appointed by the appropriate Govt. as

occasion arises for settlement of disputes.

Board shall consist of an independentchairman and two or four members in equal

numbers to represent the parties to the dispute.

The board can't work in the absence of theChairmen or any member.

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COURTS OF INQUIRY

Appointed by the appropriate Govt. as

occasion arises for settlement of disputes.

Board shall consist of an independent person

or independent persons as the appropriate

government may think fit. Where a court

consists of two or more members, one of them

shall be appointed as the Chairman.

The board can't work in the absence of the

Chairmen or any member.

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LABOUR COURT

Constituted by the appropriate government for

the adjudication of industrial disputes relating

to any matter specified in the Second Schedule

and for performing such other functions asmay be assigned to them under this Act.

Consist of one person only with the required

qualification to be appointed by theappropriate government

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THE SECOND SCHEDULE : Matters

with in the Jurisdiction of labour

Courts (Section 7) The propriety or legality of an order passed by an

employer under the standing orders

The application and interpretation of standing orders Discharge or dismissal of workmen wrongfully

dismissed

Illegality or otherwise of a strike or lock-out; and

All matters other than those specified in the Third

Schedule.

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TRIBUNALS

Constituted by the appropriate government for the

adjudication of industrial disputes relating to any

matter specified in the Second Schedule or third

schedule and for performing such other functionsas may be assigned to them under this Act.

Consist of one person with the required

qualification to be appointed by the appropriategovernment. If required, Govt. may appoint 2

persons as assessors to advice in Tribunal.

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THE THIRD SCHEDULE : Matters

with in The Jurisdiction of Industrial

Tribunals (Section 7A)

Wages, including the period and mode of

payment

Compensatory and other allowances

Hours of work and rest intervals

Leave with wages and holidays

Bonus, profit sharing, provident fund and

gratuity

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(Contd.)

Shift working otherwise than in accordancewith standing orders

Rules of discipline

Rationalization Retrenchment of workmen and closure of

establishment

Any other matter that may be prescribed.

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NATIONAL TRIBUNAL

Constitute by the Central Govt. for theadjudication of industrial disputes whichinvolve questions of national importance or areof such a nature that industrial establishmentssituated in more than one State are likely to beinterested in.

Consist of one person with the required

qualification to be appointed by theappropriate government. If required, Govt.may appoint 2 persons as assessors to advicein Tribunal.

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Settlement Machinery

CONCILLIATION

ARBITRATION

ADJUDICATION

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CONCILLIATION

Concilliation is a process by which

representatives of workers and employers are

brought together before a third person or agroup of persons with a view to persuade them

to come to a mutually satisfaying agreement.

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ARBITRATION

When conciliation fails, and if the parties wish

to refer the issue for arbitration, both the sides

shall sign an arbitration agreement and send itto Govt. The Govt. will then appoint an

arbitrator [Sec.10(2), 10A]

Arbitration award is implemented like anadjudication award.

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ADJUDICATION

Adjudication is the ultimate remedy for the

settlement of of disputes in India. Adjudication

consists of settling disputes through the

intervention of a third party appointed by the

government.

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They can enter any establishment for fact

finding [Sec.11(2) and Rule 23]

Can enforce attendance of any person and

production of documents [sec.11(3), rules 10A

&10B]

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(Contd)

Can pass orders awarding cost to the aggrievedparty [sec.11(7)]

Review punishment and can reduce/substitute

punishments [Sec. 11 (A)]

Can pass orders on money claim petitions

filled by workmen against employers [Sec.

33(C)(2)]

Take decision on petitions filed under Sec.33.

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THANK YOU