Download - 7of Inds. Act
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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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