The industrial dispute act 1946 2

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Chapter

Authorities Under the I.D.Act

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Authorities Under This Act

The main purpose of the I.D. Act, 1947 is to provide for prevention of I.D., investigation of ID and the settlement of ID. through a 3-tier system of adjudicating authorities. Thus the constitution, powers and duties of aII these authorities can be studied at a glance as under:-

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Name of the authority 'purpose Constitution Powers Duties

Works Committee Prevention of

I.D. Sec. 3 Sec.3(l ) Sec.3 (2)

Conciliation Officer Conciliation & Sec. 4 Sec. 11 Sec. 12

mediation of I.D.

Board of Conciliation -do- Sec.5 Sec. 11 Sec. 13

Court of Inquiry Investigation Sec. 6 Sec. 11 Sec. 14

Of ID.

Labour Court Adjudication Sec. 7 Sec. 11 & Sec. 15

Of ID. Sec. ll-A

Industrial Tribunal -do- Sec. 7a Sec. 11 & Sec. 15

Sec. II-A

National Tribunal -do- Sec. 7b Sec. 11 & Sec. 15

Sec. ll-A

Voluntary Arbitrator Arbitration Sec. lO-A Sec.10-A(2) Sec.10-A(4) 3

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Works Committee

(Sec 3)

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Works Committee• The Works Committee is the authority

created under the I.D. Act for prevention of I.D. It owes its origin to the recommendation of the Royal Commission on labour which stated, thus "The attempt to deal with industrial unrest must begin with the creation of an atmosphere unfavorable to industrial dispute rather than to set-up machinery for settlement of industrial dispute."

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Background of Works Committee• The above recommendation was made in the

wake of the Trade Disputes Act, 1929 which mainly dealt with the adjudication of I.D. through Industrial Courts. Although this Act was seldom invoked only in selected cases, the practice of adjudication, however, was started which inculcated among the parties a habit of litigation which was considered not conducive to the peaceful industrial relations .

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Constitution of Works Committee:

• The idea of setting up of Works Committees to provide forum for Joint Consultation had been gaining grounds ever since the Royal Commission on labour emphasized the urgent need for such a body. Since the essence of the works committee is 'joint consultation', it consists 'of representatives of employer's and workmen engaged in the establishment. 7

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Constitution of Works Committee:• To begin with, it was decided to try this forum on

experimental basis, the Act requires all such establishments employing one hundred or more workmen or where such number of workmen have been employed on any day during the preceding twelve months to constitute Works Committee.

• The appropriate Govt. may, by special or general order, require all such establishments to constitute Works Committee in accordance with this Act.

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• The number of the representatives of the workmen on the Committee shall not be less than the number of representatives of the employer.

• The number of representatives of the workmen which shall not be less than the number of representatives of the employer, and it does not say vice-versa.

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Constitution of Works Committee:• The reason is quite obvious that in the decision-

making process of the Works Committee, the workmen's representatives shall not be less than those of employers so that their bargaining power is not adversely affected. On the other hand, if the number of representatives of the employer is less than the workmen's representatives, it does not weaken the employer's position as he is already having in his armory, the managerial prerogative.

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• It is further laid down 'that the representatives of the workmen shall be chosen in consultation with their trade union, if any, registered under the Trade Unions Act, 1926. In absence of any such Trade Union, the Central Rules made under the I.D. Act, 1947, provide the procedure for such nomination.

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Duties of Works Committee• The duty of joint consultation on the Works

Committee and lays down that it shall promote measures for ensuring and preserving amity and good relations between the employer and workmen and, to that end, to comment upon the matters of their common interest or concern and endeavour (to try to do) to compose any material difference of opinion in respect of such matters.

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Judicial Verdict on Works Committee:-

• The works committee under the I.D. Act is intended to supplement (to improve it) the Trade Union and not to supplant (to replace) the Trade Unions.

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North Brook Jute Company v. Their Workmen AIR 1960 SC 879

• Fact: -In this case the company proposed to introduce rationalization scheme with a view to obtaining increased production by deploying lesser number of workmen. The Trade Union, therefore, did not agree to the introduction of the scheme. But the Works Committee in its extraordinary meeting considered and consented to the employer's proposal.

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North Brook Jute Company case….

• Judgment:- The Works Committee was not intended to supplant or supersede the unions for the purpose of collective bargaining; they are not authorize to consider real or substantial changes in the conditions of service; their task is only to smooth away friction that might arise between the workmen and he management in day to day work.

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Demarcation of functions between Works Committee and Trade Union

• The Indian Labour Conference, in 1959 drew up an illustrative list of items within the scope of Works Committee and the other items which do not fall within its scope and should be considered reserved for the Trade Union to deal with. Briefly the I.L.C. enumerated the functions of Works Committee to include conditions of work such as ventilation, lighting, temperature, sanitation and amenities like drinking water, dining room, medical and health services, safety and accident prevention, adjustment of holidays, educational and recreational activities etc.

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• The functions specifically kept beyond the scope of Works Committee and suggested within the scope of Trade Union included items like wages, bonus, profit-sharing, rationalization, fixation of work-load, work-force, plans for development, P.F., gratuity, quantum of holidays, housing, transport etc.

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• Thus the deciding criterion to demarcate the distribution of functions between the Works Committee and the Trade Union can be easily identified with reference to the matters which are experienced in day to day working and thus falling within the ,purview of the works committee and the other matters which have a "direct bearing on the relationship between the employer and the workmen and are essentially' the matters of Collective Bargaining" should be dealt with by the Trade Union alone as the main purpose of Trade Union is Collective Bargaining.

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Recommendations of the National Commission on Labour, 1969

• The National Commission on Labour under the chairmanship of Justice Gajendragadkar in 1969 critically examined the pros and cons of the Works Committee and finally give some recommendation.

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Recommendations of the National Commission on Labour, 1969

• (a) a more responsive attitude on the part of management;

• (b) adequate support from unions;

• (c) proper appreciation of the scope and functions of the Works Committee;

• (d) whole-hearted implementation of the recommendations of the works committee; and

• (e) proper coordination of the functions of the multiple bi-partite institutions at the plant level now in vogue'.

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CONCILIATION

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Origin of Conciliation

• The meaning of conciliation is mediation. In the industrial relations field this method was mostly used by Australia which provided for conciliation under the Conciliation and Arbitration Act, 1904. Along with conciliation, Australia is also the pioneer country to introduce adjudication as an effective method of resolving I.D. through State's intervention. However conciliation too, has been given due importance.

• In Sweden, the conciliation as a method of resolution of I.D. is an accepted process and, in fact, failure to resolve I.D. through conciliation is almost considered a disgrace.

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Origin of Conciliation

• In India, the Bombay Industrial Disputes (Conciliation & Arbitration) Act, 1934, as amended in 1938; was one of the earliest enactments to have introduced conciliation to resolve I.D. The I.D. Act, 1947 at national level applied the process of conciliation as an alternative method to resolve I.D.

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Objective of Conciliation

• Under the I.D. Act, the conciliation machinery plays a very vital role in the sense that it is intended to make an attempt to resolve any dispute or difference, whether existing or even apprehended, through negotiation and a mutual dialogue.

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• Usually it is considered as an intermediary authority to bring about a compromise and promote settlement between the conflicting parties, before the I.D. is referred to LC/IT/NT for adjudication as a last resort.

• Since the adjudication is likely to create a feeling of conflict and direct confrontation between the parties, the conciliation is considered as a conducive step to avoid and avert recourse to adjudication.

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• The I.D. Act, 1947, recognizing the ethical and conducive value of the conciliation process, has provided two authorities charged with the same duty of conciliation so that efforts to avoid litigation and bring about settlement could be tried twice. These conciliatory authorities are called Conciliation Officer and the Board of Conciliation.

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Conciliation by Conciliation Officer

• The scheme of conciliation through Conciliation Officer is provided under Sections 4, 11, 12 of the I.D . Act, where Section 4 provides for the appointment of the Conciliation Officer, Section 11 deals with the powers of Conciliation Officer and Section 12 describes the duties of Conciliation Officer.

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Appointment of Conciliation Officer

• Section 4 of the Act empowers the appropriate Govt. to appoint such number of persons as it thinks fit, to be Conciliation Officer charged with the duty of mediating in and promoting the settlement of I.D. (sub-section 1). It may be noted that the section did not prescribe any qualification of such person who can be appointed as Conciliation Officer, however, the Govt. in its discretion appoints the officials of the Labour Department to discharge this duty.

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• The last sentence in sub-section (1) states, thus: "Conciliation Officer charged with the duty of mediating in and promoting the settlement of l.D.". This needs a little clarification that the Conciliation Officer's duty is only to mediate in and conciliate the disputes between the parties in order to "promote settlement".

• The words "promoting settlement" clearly describe the scope of his function limited only to promoting settlement and "not to settle the I.D." by himself, nor he can compel the parties to do so.

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• He is not an adjudicating authority, but a conciliation officer who has to negotiate, examine the issues involved in the I.D. and then by holding joint meetings or by separately meeting the parties (Rule 11 of Central Rules, 1957) he shall endeavour to persuade the parties to settle the dispute among themselves. He can simply make suggestions and try to convince the parties to arrive at mutually agreeable terms and conditions to resolve the I.D.

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• The contents of sub-section (2) are purely a matter of administrative convenience of the appropriate Govt. to appoint Conciliation Officer for a special area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

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Powers and Procedure of Conciliation Officer (Section 11)

• The powers of Conciliation Officer are incorporated under sub-sections 2, 4 and 6 of Section 11 of the LD. Act.

• (a) Entry into the premises Section 11(2)

• (b) Power of a Civil Court Section 11(4)

• (c) Conciliation Officer is a Public Servant Section 11(6)

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Powers Conciliation Officer….

• (a) Entry into the premises Section 11(2):- The Conciliation Officer needs to visit the premises to which the I.D. relates or is apprehended, in order to make necessary inquiry and initiate conciliation proceedings. For this purpose he is given power to enter the premises after giving reasonable notice.

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State of Bihar v. Kirpa Shanker Jaiswal (1961),• In this case it was argued that since the Conciliation

Officer has not given notice about his visit to the premises, the conciliation proceedings are not valid and the settlement consequent to such proceedings are not binding upon the parties.

• The Supreme Court explained the scope of the notice under sub-section (2) and held that the requirement to give notice is only to inform the parties that the person visiting the establishment is not a stranger but an authority under the Act, therefore failure to give notice does not affect the conciliation proceedings nor the settlement arrived at such proceedings.

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Powers ……

• Further Rules 9 and 10 of the LD. (Central) Rules, 1957 lay down that if the dispute involves a notice of strike or lock-out in a public utility service, the Conciliation Officer is required to interview the employer and the workmen, in his efforts to promote a settlement.

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(b) Power of a Civil Court Section 11(4)• Under sub-section (4) of Section 11, the Conciliation

Officer is vested with the powers of a Civil Court constituted under the Code of Civil Procedure, 1908, for the following purposes:-

• (i) he may enforce the attendance of any person for the purpose of examining him; and

• (ii) compelling the production of any document; and • (iii) inspect any document which he has ground to

consider it to be relevant to the I.D., and for verifying the implementation of any award; or

• (iv) for carrying out any other duty imposed on him under this Act.

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(c) Conciliation Officer is a Public Servant [Sec.11(6)]

• Under sub-section (6) of Section 11 of the I.D. Act, the Conciliation Officer is deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860, and thus he is protected against any insult or assault by any person.

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Duties of Conciliation Officer

• 1. Conciliation Proceedings:- Section 12 of the Act enumerates the duties of Conciliation Officer, which in fact describes the whole process of conciliation. In U.K. the' policy of the Govt. has been to resolve I.D. through Collective Bargaining and in USA and Australia compulsory adjudication gained ground. Both the methods of resolution of I.D. have merits and demerits and so is their impact on the Industrial Relations. India adopted both compulsory as well as voluntary arbitration under Section 10 and 10-A of the I.D. Act respectively.

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• Under Section 12, the Conciliation Officer is charged with the duty of holding conciliation proceeding in the prescribed manner. He is having a discretion to conduct conciliation proceeding where an I.D. exists or is apprehended in a non-public utility service, but where the I.D. relates to a Public Utility Service and a notice of strike or lock-out under Section 22 of the J.D. Act has been given, the Conciliation Officer is bound to conduct conciliation and he has no discretion in such a situation.

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• He shall, for the purpose of bringing about a settlement of the I.D. investigate the I.D. and a matters affecting the merits and the right settlement of I.D. without delay.

• However, no particular procedure is prescribed for him to follow and he may, at his discretion, do all such things as he think" fit for the purpose of inducing the parties to come to a fair and amicable settlement.

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• If the Conciliation Officer succeeds in his efforts to bring about a settlement of I.D. or any of the matters in the I.D. in the course of conciliation proceedings, he shall send a report (FAILURE / SUCCESFUL) within 14 days, to the appropriate Govt. or any officer authorized by the Govt. in this behalf together with a memorandum of settlement duly signed by the parties. 41

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• In Sasamusa Sugar Works Ltd. v. State of Bihar AIR 1955, the Patna High Court held that the Conciliation Officer can only send a report; he has no authority to pass a final order.

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• In Sasamusa Sugar Works Ltd. v. State of Bihar AIR 1955, the Patna High Court held that the Conciliation Officer can only send a report; he has no authority to pass a final order.

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Board of Conciliation

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Introduction

• The Board of Conciliation is also a conciliation machinery, broader in constitution and wider in powers. The scheme of conciliation by the Board of Conciliation is provided under Sections 5, 11, 13, where Section 5 provides for the constitution of the Board, Section 11 enumerates the powers of the Board and Section 13 deals with its duties.

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Constitution of Board of Conciliation• The Board of Conciliation is not a permanent

body and it is constituted as and when the occasion arises and the appropriate Govt. wants to refer any matter or I.D. to the Board for promoting settlement thereof through conciliating between the conflicting parties. The Board of Conciliation is constituted by the appropriate Govt. by notification in the Official Gazette (Sec 5(1).

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Constitution of Board of Conciliation• The Board of Conciliation may be constituted to

directly refer any I.D. to it for promoting settlement or on failure of the conciliation proceeding by the Conciliation Officer, as a second attempt the same I.D. may be referred to the Board and once again endeavour to get settled the I.D. through conciliation.

• However the proceedings by the Conciliation Officer is not a condition precedent for constitution of the Board.

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Constitution of Board of Conciliation• The Board consists of two or four other

members, who are appointed in equal number to represent the parties to the I.D. and such persons are appointed on the recommendation of the respective parties. The Chairman is appointed by the appropriate Govt., who shall be an independent person i.e. impartial person not connected with or interested in the I.D. Therefore including the Chairman, a Board may consist of either three or five members (sub-sections 2& 3).

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Constitution of Board of Conciliation

• If any party fails to recommend its representative within the prescribed time, then the appropriate Govt. shall appoint such person as it thinks fit to represent that party (Proviso to subsection 3 of sec 5).

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Powers/Procedure of the Board of Conciliation Section 11

The powers of the Board are enumerated under subsections 1, 2, 3 and 6 of Section 11 of the I.D. Act, 1947. Keeping in view the peculiar nature of duties assigned to Board to promote settlement between the parties through negotiation and inducement, no fixed procedure is prescribed for and it is left to the discretion and wisdom of the Board to follow such procedure as it may think fit. (Subsection 1 of Section 11).

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Entry into the Premises Sec. 11(2):

• The members of the Board of Conciliation, like Conciliation Officer, need to visit the premises of the establishment to which the I.D. belongs. For this purpose the Board is given power to enter the premises after giving notice in order to make necessary inquiry and initiate conciliation proceedings. (subsection 2).

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Entry into the Premises Sec. 11(2):• In State of Bihar v. Kirpa Shanker Jaiswal

AIR 1961 SC, the Supreme Court interpreted the scope of notice under subsection 2 of Section 11, while dealing with the case relating to Conciliation Officer, that the notice is required to inform the parties that the authority visiting the premises is not a stranger, therefore jf no notice is given, it would have no effect on the validity of the proceedings.

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Powers of a civil Court Sec. 11(3):-• The Board of Conciliation is clothed with certain powers

vested with the Civil Court constituted under the Code of Civil Procedure, 1908 in respect of the following matters, namely:

• (a) enforcing the attendance of any person and examining him on oath;

• (b) compelling the production of documents and material objects;

• (c) issuing commissions for the examination of witness; and

• (d) in respect of such other matters as may be prescribed. (subsection 3)

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Judicial Proceedings: Sec. 11(3):-• Every inquiry or investigation by a Board, shall

be deemed to be a judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code.'

• Section 193 of IPC prohibits fabricated or false evidence to be given in the judicial proceedings and

• Section 228 of IPC prohibits insult or interruption of judicial proceeding.

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Members of the Board to be Public Servants Sec. 11(6):-

• All the members of the Board of Conciliation are deemed to be public servants within the meaning of Section 21 of the Indian Penal Code. The purpose of declaring such members as public servants is to protect them from any insult or assault by any person.

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Duties of Board of Conciliation (Section 13):-

• The duties of Board of Conciliation are enumerated in Section 13 of the I.D. Act, 1947. The Board is also charged with the duty of bringing about a settlement of the I.D. referred to it and adopt any method as it thinks fit. It should, without delay, investigate the dispute and all matters and take such steps as it deem necessary for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (subsection 1).

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• If a settlement is arrived at during the conciliation proceedings, the Board shall send a report thereof, to the appropriate Govt. together with a memorandum of the settlement duly signed by the parties to the I.D. (subsection 2).

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• On the contrary, if no' settlement is arrived at then the Board, as soon as practicable after the close of the investigation, send to the appropriate Govt. a full report setting forth the steps taken by the Board for ascertaining the facts and circumstances relating to the I.D. and for bringing about a settlement of the dispute.

• In addition to the above, the Board shall also state the facts and findings and the reasons on account of which, in its opinion, a settlement could not be arrived at.

• Further the Board is also competent to make recommendation to the appropriate Govt. for further action for determination of the I.D. (subsection 3).

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• On receipt of the failure report under subsection 3 above by the Board and in case the I.D. relates to a public utility service, and the appropriate Govt. decides not to make a reference for such I.D. to Labour Court, Industrial, Tribunal or National Tribunal as the casemay be, it shall communicate to the parties concerned its reasons therefor. (subsection 4).

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Time-limit • The conciliation proceedings by a Board of

Conciliation should be completed within a period of two months from the date on which the dispute was referred to it.

• However the appropriate Govt., in its discretion, may fix a shorter period/ (may extend the time limit) for submission of the report by the Board, if the circumstances so demand and the appropriate Govt. deem it expeditious to do so. (subsection 5).

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Parties bound by the Settlement and the Period of Operation (Sections 18, 19)

A settlement arrived at in the course of conciliation proceedings under this Act is binding on:

• (a) all parties to the I.D.,

• (b) all other parties summoned to appear in the proceedings as parties, unless they were called without proper cause,

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Parties bound by…….(c) on part of the employer, settlement binds his heirs, successors or assigns; and

(d) on part of the workmen, all persons who are employed in the concerned establishment on the date of dispute and all persons who subsequently become employed in that establishment. (Section 18(3)).

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Parties bound by…..• Such settlement is binding for such period as is

agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which parties signed the Memorandum of Settlement. However it shall continue to bind the parties after the expiry of six months, until the parties give two months notice in writing of their intention to terminate the settlement, (Section 19(2)).

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Court of Inquiry

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Court of Inquiry• The Court of Inquiry. is the machinery for the

investigation of I.D. provided under the I.D. Act, 1947. It fulfils the second object of the Act. The scheme of investigation of I.D. by the Court of Inquiry is provided under Sections 6, 11 and 14 of the Act, where Section 6 provides for the constitution of Court of Inquiry, Section 11 deals with the powers of the Court of Inquiry and Section 14 deals with the duties of the Court of Inquiry.

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Constitution of Court of inquiry

• Section 6: The Court of Inquiry, like Board of Conciliation, is not a permanent body and is constituted as and when occasion arises and the appropriate Govt. thinks it necessary, it may by notification in the Official Gazette, constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an I.D. (subsection 1).

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Constitution of Court of lnquiry

• The Court of Inquiry may consist of one or more independent persons, as the Govt. may think fit, and where a Court consists of two or more members, one of them shall be appointed as the Chairman. (subsection 2).

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Court of Inquiry

• The Court of Inquiry is charged with the duty of investigation of I.D. or any matter appearing to be connected with or relevant to the I.D. It is quite possible that, some times, the relevant matter or issue may require investigation or assistance from the persons having special knowledge of the matter under consideration or inquiry by the Court of Inquiry.

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Court of Inquiry

• For example the medical opinion may be required to inquire into the causes of any accident, death or physical injury. Therefore the Court of Inquiry is allowed by virtue of this subsection to appoint one or more persons having special knowledge of the matter under its consideration, to advise the Court in its proceedings.

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LABOUR COURT, INDUSTRIAL TRIBUNAL, NATIONAL

TRIBUNAL

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Origin • As originally enacted the ID. Act, 1947 did not make

provision for the constitution of the Industrial Court on permanent basis and it only empowered the appropriate Govt. to constitute such Courts on adhoc basis as and when required. But in the year 1950, the ID. (Labour Appellate Tribunal) Amendment Act, 1950 was enacted which provided for the constitution of an appellate tribunal whose members were either the Judges of High Courts or qualified to be appointed as such.

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Origin • Again in the year 1956 through another

amendment, threetier system of Labour Court, Industrial Tribunal and National Tribunal was introduced and the jurisdiction of each of the three Courts is clearly demarcated. While the purpose of all the three Courts is to adjudicate the ID., they differ in the matter and nature of the subjectmatter of the ID.

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Origin

• The LC/IT/NT are constituted under Sections 7, 7A and 7-B respectively and their powers are enumerated under Sections 11 and 11-A of the ID. Act. Section 15 lays down the duties of the LC/IT/NT.

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Constitution of Labour Court: (Section 7)

• The appropriate Govt. may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of I.D. .

• A Labour Court shall consist of one person only to be appointed by the appropriate Govt.

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Constitution of Labour Court• The qualifications of the persons to be appointed as

Presiding Officer of the Labour Court are described as under:-

• (i) he is or has been a Judge of a High Court; or • (ii) he has, for a period of not less than three years, been

a District Judge or an Additional District Judge; or • (iii) he has held any judicial office in India for not less

than seven years; or

• (iv) he has been the Presiding Officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.

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Jurisdiction of Labour Court• The Labour Court is empowered to adjudicate I.D. relating to any

matter specified in the Second Schedule . • The Second Schedule specifies the following matters which are

within the jurisdiction of the Labour Court.

1. The propriety or legality of an order passed by an employer under the Standing Orders;

2. The application and interpretation of Standing Orders;

3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to workmen wrongfully dismissed;

4. Withdrawal of any customary concession or privilege;

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

6. All matters other than those specified in the Third Schedule.

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Constitution of lndustrial Tribunal

• The appropriate Govt. may constitute one or more Industrial Tribunal for the adjudication of industrial disputes.

• The Industrial Tribunal consists of only one person to be appointed by the appropriate Govt.

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Constitution of lndustrial Tribunal• The qualifications of the person who can be appointed

as the Presiding Officer of the Industrial Tribunal have been enumerated as under:-

• (i) he is or has been a Judge of a High Court, or • (ii) he has, for a period not less than three years, been a

District Judge or an Additional District Judge.• The appropriate Govt. if it thinks fit, may appoint two

persons to advise the Tribunal in the proceeding before it.

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Jurisdiction of Industrial Tribunal• Second/Third Schedule Matters:- The matters falling

within the jurisdiction of Industrial Tribunal have been enumerated in the Second and Third Schedule of the Act.

• The Third Schedule matters are specified as under:- • (1) Wages, including the period and mode of payment;• (2) Compensatory and other allowances;

• (3) Hours of work and rest intervals;

• (4) Leave with wages and holidays;

• (5) Bonus, Profit-sharing, Provident Fund and Gratuity;

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Jurisdiction of Industrial Tribunal• (6) Shift-working otherwise than in accordance

with Standing orders; • (7) Classification by grades; • (8) Rules of Discipline; • (9) Rationalization; • (10) Retrenchment of Workmen and Closure of

establishment; and • (11) Any other matter as may be prescribed.

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Constitution and jurisdiction of National Tribunals

• The National Tribunal is always constituted by the Central Govt. only.

• The Central Govt., under Section 7B, may constitute one or more National Tribunals for the adjudication of I.D. which, in the opinion of the Central Govt., involve questions of national importance or are of such a nature that industrial establishments in more than one State are likely to be interested in, or affected by such disputes. Such ID may relate to Second or Third Schedule matters.

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Constitution and jurisdiction of National Tribunals

• A National Tribunal also consists of only one person to be appointed by the Central Govt.

• As regards qualifications of such person who can be appointed as Presiding Officer of the National Tribunal, it is laid down that only a person who is or has been a Judge of a High Court can be appointed as Presiding Officer .

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Disqualifications of the Presiding Officers• Under Section 7C, the disqualifications for the

Presiding Officers of LC/IT/NT are mentioned as under:-

• No person shall be appointed to, or continue in the office of Presiding Officer of LC/IT/NT, if:-

• (a) he is not an independent person; or • (b) he has attained the age of sixty five years.

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Procedure of LC/ IT/ NT• It is pertinent to note that the proceeding before

the LC/ITINT are conducted by their own procedure and no fixed rules are prescribed in this regard. The procedure usually adopted by Common Courts is not followed by the LC/ITINT. These Courts are given discretion to follow such procedure as they think fit in order to come to a fair and meritorious findings. (Section 11).

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Procedure of LC/ IT/ NT• The Presiding Officer of LC/ITINT may enter the

premises of the concerned establishments for the purpose of inquiry into any existing or apprehended ID, after giving reasonable notice to the concerned parties. (sub-section 2).

• State of Bihar v. K.S. Jaiswal, AIR 1961 SC 340.• The requirement of giving a prior notice is only to inform

the parties that the persons, visiting their premises are not strangers and, if no notice is given, then the failure to do so would not affect the validity of the proceedings

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Powers of LC/ IT/ NT• The LC/IT/NT are given the powers vested in a Civil Court

constituted under Code of Civil Procedure, 1908, for the following matters:-

• (a) enforcing attendance of any person and examining him on oath;

• (b) compelling production of documents and material objects;

• (c) issuing commissions for the examination of witnesses; and

• (d) in respect of such other matters as may be prescribed.

• Further, the proceedings before the LC/IT/NT shall be deemed to be a judicial proceeding within the meaning of Sections 193, 228 of the Indian Penal Code, 1860.

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• GRIEVANCE SETTLEMENT AUTHORITIES

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Origin• In regulating industrial relations between employer and

workmen, the grievance of an individual workman has long been ignored and he could not attract the attention of the concerned authority nor he alone could compel application of any legal provision for the redressal of his grievances.

• It was around 1958-59 that a Tripartite Committee discussed the Model Grievance Procedure in conformity with the principles and procedures usually followed over a long period by various industrial establishments and as required by the law'.

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Model Grievance Procedure• The Model Grievance Procedure consisted of successive

time-bound steps, each leading to another in successive attempt being dissatisfied by the earlier step. According to this Model, an industrial workman would first approach a designated officer in this regard and make a verbal representation. The Officer was expected to give reply within 48 hours. Being dissatisfied with the reply, the aggrieved individual workman would go to the departmental head, accompanied by his department representative and present his case. The departmental head had to respond to the grievance and settle it within 3 days.

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Model Grievance Procedure• If the individual workman still could not get the

justice or is dissatisfied, he had to avail the services of a 'Grievance Committee' constituted by the employer for the purpose consisting of the representatives of the management and the workmen. The Grievance Committee within 7 days would make final recommendation to the Manager. The Manager within 3 days would communicate his decision.

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Model Grievance Procedure

• Being still aggrieved or dissatisfied, the individual workman could finally approach the higher authorities along with the Trade Union representative, wherein either the matter could be settled or the parties would agree to refer it to the arbitration.

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Recommendations of National Commission on Labour, 1969

• It is quite obvious that this Model Grievance Procedure contained too many stages and the whole procedure had become cumbersom and over-burdened by repetitive efforts and multiplicity of authorities.

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Grievance Settlement Authorities under the I.D. Act Section 9C

• The I.D. Act, by an amendment in 1982, inserted Section 9-C to provide for reference of certain individual disputes to Grievance Settlement Authorities. But this is yet to be brought into force.

• It required every employer, employing fifty or more workmen on any day during the preceding twelve months, to provide for a Grievance Settlement authority in accordance with the rules, for the settlement of I.D. connected with an individual workman employed in his establishment .

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Grievance Settlement Authorities under the I.D. Act Section 9C

• It is further laid down that where such I.D. relating to an individual workman arises, the workman or any Trade Union of which the concerned workman is a member, refer such dispute to the Grievance Authority.

• In order to give sanctity to this Authority, the Act further laid down that no reference of such I.D. could be made by the appropriate Govt., unless such dispute has been referred to the Grievance Settlement Authority concerned and its decision thereon is not acceptable to any of the parties.

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• Thank You

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The industrial dispute act 1946 2

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