legislation concerning settlemnt of industrial disputes

8/2/2019 Legislation Concerning Settlemnt of Industrial Disputes

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Court of Inquiry:• The appropriate government is empowered to constitute a

court of Inquiry for the purpose of “inquiring into the matterappearing to be connected with or relevant to a industrialdispute.”• May consist of either 1 independent person only or morepersons but where it consists of 2 or more persons, one of

them is to be appointed as the chairman.• Court of inquiry is required to inquire into the mattersreferred to it and report to the appropriate governmentordinarily within a period of 6 months from thecommencement of its inquiry.• The report is to be in writing and signed by all its members.• Every report together with any minute dissent, is to bepublished by the appropriate government within a period of 30days from the date of receipt of report.



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• Any member of the court of Inquiry may enter the

premises occupied by the establishment to which thedispute relates but with a reasonable notice for the

purpose of Inquiry.

• A Court of Inquiry may appoint one or more personshaving special knowledge of the matter underconsideration as assessor or assessors to advise it in theproceeding.



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Labour Court:• The appropriate government may constitute one or more

Labour Courts for the adjudication of industrial disputesrelating to any matter provided in the SECOND SCHEDULEof the Act and performing such other functions asassigned under the Act.

• The SECOND SCHEDULE includes:

(a) the propriety of legality of an order passed by anemployer under the standing orders,

(b) the application interpretation of standing orders,

(c) discharge or dismissal of workmen, includingreinstatement of or grant of relief to, workmen wrongfullydismissed,

(d) withdrawal of any customary concession or privilege,

(e) illegality or otherwise or a strike or lockout and

(f) all matters other than those mentioned in the THIRD



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• A Labour Court is to consist of one person only. A personis not qualified to be appointed as the presiding officer of a Labour Court unless:

(a) he is or has been, a Judge of a High Court, or

(b) he has been a District Judge or an Additional District Judge for a period of not less than three years, or

(c) he has held any judicial office in India for not less than

seven years, or(d) he has been the presiding officer of a Labour Court

constituted under any provincial or state Act for not less thanfive years.

• A person who is not independent of has attained the ageof sixty five years, is not be appointed or to continue asthe presiding officer of a Labour Court.[Sec. 7C].



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Tribunal:• The appropriate government can constitute one or more

Industrial Tribunals for the adjudication of industrial

dispute s relating to any matter specified either in theSecond Schedule or in the Third Schedule which includes:

(a) wages, including the period and mode of payment;

(b) compensatory and other allowances;

(c) hours of work and intervals;

(d) leave with wages and holidays;

(e) bonus, profit sharing , provident fund and gratuity,

(f) shift working otherwise than in accordance withstanding orders;

(g) classification by grades;

(h) rules of discipline;

(i) rationalization;



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• A Tribunal is to consist of only one person to be appointedby the appropriate government. A person is qualified forappointment as the presiding officer of a Tribunal onlywhen:

(a) he is or has been a Judge of a High Court, or

(b) he has been District Judge or Additional District Judgefor period of not less than three years. [Sec 7A].


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National Tribunal:• The central government is empowered to constitute one

or more National Tribunals for the adjudication of industrial disputed which, in its opinion, involve questionsof national importance or are of such a nature thatindustrial establishments situated in more than one stateare likely to be interested in or affected by such disputes.

•

The National Tribunal is to consist of one person only tobe appointed by the central government.

• A person is qualified for appointment as the presidingofficer of a National Tribunal if he is or has been a Judge of a High Court .

• The Central government may also appoint two assessorsto advise the Tribunal in the proceeding before it.

• A person who is not independent of has attained the ageof sixty five years, is not be appointed or to continue as

the presiding officer of a National Tribunal.[Sec. 7B]


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Arbitrators:• In case an industrial dispute exists or is apprehended, the

employer ad the workmen may refer it to an arbitrator orarbitrators mutually agreed upon by them, but such areference can be made before the dispute has beenreferred by the appropriate government to an adjudicationauthority.

•

An arbitrator may also be appointed from amongst thepresiding officers of Labour Courts, Tribunals, or National Tribunals.

• If the arbitrators are equally divided in their opinion, theaward of the umpire is to prevail.

• An arbitration agreement is to be in the prescribed formand signed by the parties.

• A copy of the arbitration agreement must be forwarded tothe appropriate government and the conciliation officerand must be published by the appropriate government inthe official gazette with in one month of the receipt of

legislation concerning settlemnt of industrial disputes

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