Sunday, 30 January 2022

Authorities under Industrial Disputes Act, 1947

 Following are the Authorities under the Industrial Disputes Act,1947-

Works Committee- Section 3 of the Industrial Disputes Act,1947 provides for the setup of the works committee. Duties of the works committee are- a) To secure and preserve amity and good relationship between the employers and workmen by promoting various measures. b) To look upon the matters relating to common interests of employers and workmen. c) To try and resolve any material difference of opinion between the employers and workmen.

To avoid fluctuation in activities of an industry and to have a smooth flow of activities in the industry it is necessary to have a healthy relationship between the employer and workmen. It is the duty of the works committee to look upon various matters in industry and try to settle them peacefully and amicably. This section applies to whose industries where the workmen employed are 100 or more. Works committee shall consist of representatives of employers and workmen engaged in the establishment. The number of representatives of workmen and employers shall be equal.  

Conciliation Officer- According to Section 4 of the Industrial Disputes Act,1947 the appropriate government has the power to appoint conciliation officers. Any appointment made shall be notified by publication in the official gazette. Conciliation officers have the duty to mediate disputes between employers and workmen and to promote the settlement of various industrial disputes. 

Boards of Conciliation- Section 5 of the Industrial Disputes Act, 1947 provides for the Boards of Conciliation. This section gives power to the appropriate government to constitute a board of conciliation by way of notification in the official gazette. The object of forming the board of conciliation is to promote various settlements of various industrial disputes. The board shall consist of a chairman and two or four other members as per the choice of the appropriate government. The chairman of the board shall be an independent member and other members shall be appointed on the basis of equal proportion representing the employer and workmen.

Courts of Inquiry- Section 6 of the Industrial Disputes Act,1947 gives power to the appropriate government to constitute Courts of Inquiry. The duty of the court is to inquire and make a report on any matter which has been referred to it by the appropriate government. Such a report must be submitted within 6 months from the commencement of the inquiry.

Labour Court- Section 7 of the Industrial Disputes Act, 1947 gives power to the appropriate government to appoint a Labour Court. According to the need, the government may constitute one or more labour courts. Appointment of such courts shall be notified by publishing in the official gazette. The work of the labour court is to adjudicate various disputes specified in the second schedule of the Act, determining whether a strike or lock-out is illegal or not, etc.

Tribunals- Section 7-A gives power to the appropriate government to constitute tribunals. The appointment of such Tribunals shall be notified by publishing it in the official gazette. Tribunals have the power to adjudicate any matter whether specified in the second schedule and third schedule or not. 

National Tribunals- Section 7-B power the central government to set up National Tribunals. Such Tribunals adjudicate the matters involving national importance primarily or any matter in which industrial establishments will be affected which are situated in more than one state.


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