Authorities under The Industrial Dispute Act, 1947 makes core study for dispute resolution process in an industrial ecosystem. Unless you are aware of the authorities to be approached resolution is never possible. The Industrial Dispute Act, 1947 is central Act and with some variations most of the states under union of India rely on it. Yes, within the framework of IDA certain states have their own dispute resolution Acts.
Chapter II of The Industrial Dispute Act 1947, provides for appointment of 7 different authorities for resolving disputes arising in an Industrial atmosphere. Further, Chapter IV provides for procedure, powers and duties of authorities. Accordingly, their appointment and power & functions, duties etc. of these authorities are tabulated as under.
| Sr. No. | Authority | Section Empowering | Appointing Authority | Members & Qualification | Powers & Duties |
|---|---|---|---|---|---|
| 1 | Works Committee | Section 3 | Employer on Special or General Order of Appropriate Govt. | (i)Representatives of employers and workmen where number of representatives of workmen shall not be less than the number of representatives of the employer. (ii)The representatives of the workmen are to be chosen in the prescribed manner in consultation with their trade union, if any. | (i)To promote measures for securing and preserving amity and good relations between the employer and workmen. (ii)Deliberate upon the matters of the common interest of both employer and workmen (iii)Put in all possible efforts to compose any material difference of opinion in respect of such matters. |
| 2 | Conciliation Officers | Section 4 | The appropriate Government by notification in the Official Gazette | (i)Such number of persons as appropriate Government thinks fit, to be conciliation officers. (ii) A conciliation officer may be 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. | (i)The conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908. (ii)A conciliation officer may enforce the attendance of any person for the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or for verifying the implementation of any award (iii) Shall hold conciliation proceedings in the prescribed manner and a report on settlement arrived or otherwise to the appropriate Government within 14 days or earlier |
| 3 | Board of Conciliation | Section 5 | The appropriate Government by notification in the Official Gazette | (i)Board shall consist of a chairman and two or four other members, as the appropriate Government thinks fit. (ii) The chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute | (i) Board shall have the power of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit on matters defined under the Act. Every inquiry or investigation by a Board shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). (ii) Investigate without delay the dispute and all matters affecting the merits and the right settlement thereof and doing everything that promotes a fair and amicable settlement. Board will also send a report to appropriate govt. on settlement of disputes or otherwise in complete details within 2 months of starting proceedings. |
| 4 | Courts of Enquiry | Section 6 | The appropriate Government by notification in the Official Gazette | A Court may consist of one or more independent persons on discretion of the appropriate Government. One of them shall be appointed as the chairman. Court can act in absence of chairman but not when services of him has ceased. | (i) ‘Courts of Enquiry’ shall have the power of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit on matters defined under the Act. Every inquiry or investigation by a ‘Court of Enquiry’ shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). (ii) A ‘Court of Inquiry’ shall inquire into the matters referred to it and report thereon to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry. |
| 5 | Labour Courts | Section 7 | The appropriate Government by notification in the Official Gazette | A Labour Court shall consist of one person only to be appointed by the appropriate Government; to be qualified for appointment as the presiding officer of a Labour Court must qualify certain criteria (a) he must be existing or an ex- Judge of a High Court (b) a District Judge or an Additional District Judge for a period of not less than three years or (c) 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 for not less than five years. | (i) ‘Labour Courts’ shall have the power of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit on matters defined under the Act. Every inquiry or investigation by a ‘Labour Courts’ shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). (ii) Labour Courts under their power of special relief u/s 11A can set aside the order of discharge or dismissal and direct reinstatement of the workman or give other relief to the workman including the award of any lesser punishment. (iii) Where an industrial dispute has been referred to a Labour Court for adjudication, it shall hold its proceedings expeditiously and shall, submit its award to the appropriate government. |
| 6 | Tribunals | Section 7A | The appropriate Government by notification in the Official Gazette | A Tribunal shall consist of one person only to be appointed by the appropriate government. The person shall not be qualified for appointment as the presiding officer of a Tribunal unless- (a) he is, or has been, a Judge of a High Court; or (b) he has, for a period of not less than three-years, been a District judge or an Additional District Judge. The appropriate government may on its discretion, appoint two persons as assessors to advise the Tribunal in the proceeding before it. | (i) ‘Tribunals’ shall have the power of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit on matters defined under the Act. Every inquiry or investigation by a ‘Tribunals’ shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). (ii) Tribunals under their power of special relief u/s 11A can set aside the order of discharge or dismissal and direct reinstatement of the workman or give other relief to the workman including the award of any lesser punishment. (iii)Where an industrial dispute has been referred to a Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, submit its award to the appropriate government. |
| 7 | National Tribunals | Section 7B | The Central Government by notification in the Official Gazette | A National Tribunal shall consist of one person only to be appointed by the Central Government. A person shall not be qualified for appointment as the presiding officer of a National Tribunal unless he is, or has been, a Judge of a High Court. Further the Central Government may appoint two persons as assessors to advise the National Tribunal in the proceeding before it. | (i) ‘National Tribunals’ shall have the power of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit on matters defined under the Act. Every inquiry or investigation by a ‘National Tribunals’ shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860). (ii) National Tribunals under their power of special relief u/s 11A can set aside the order of discharge or dismissal and direct reinstatement of the workman or give other relief to the workman including the award of any lesser punishment. (iii)Where an industrial dispute has been referred to a National Tribunals for adjudication, it shall hold its proceedings expeditiously and shall, submit its award to the appropriate government. |
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