Ajilal

S3 MBA

INDUSTRIAL DISPUTEIt means any dispute or differences

between employers and employer or between employers or workmen or between workmen and workmen which is connected with employment or non-employment or the terms of employment or with the conditions of labour of any person.

AUTHORITIES UNDER THE ACT The main object of industrial dispute Act is

investigation and settlement of industrial disputes. With that object in view various authorities have been created under the Act. The Act provides for the following modes of settlement of industrial disputes.

1.Works committeeIt is a statutory body established within the

industrial unit with the equal representation of the management and workmen for preventing and settling the industrial dispute at the unit level .It can be formed by an enterprise employing 100 or more workers.

Objectives To remove the cause of conflict.

To promote measures for securing amity and good relationship between employers and employees.

To strengthen the voluntary settlement activities

2.Conciliation officerUnder section 4 of the industrial dispute Act,

the Government may appoint a conciliation officer for a specific area or even for a specific industry to mediate in and to promote the settlement of industrial disputes. He may be appointed either permanently or for a limited period.

Duties of the conciliation officer Holding of conciliation proceedings if a dispute exists

or is apprehended

Investigation on all matters that affect the merits and settlement of dispute may be done. He may also do all such things that can lead to a fair and amicable settlement of the disputes

Reporting to the appropriate Govt or authority, in the event of arrival of a settlement further a memorandum of settlement signed by the parties to the disputes shall be forwarded to the appropriate Govt.

3.Board of conciliationUnder section 5 of the industrial dispute Act,

the appropriate Govt can appoint a board of conciliation. It is not a permanent institution like conciliation officer. It is an adopt body consisting of chairman and two or four other members nominated in equal numbers by the parties to the dispute. The original intention was that major disputes should be referred to a board of conciliation and minor disputes should be handled by the conciliation officer.

Duties of board of conciliation The board is given the power to do all things as it thinks fit

for the purpose of inducing the parties to come to a fair settlement of the dispute.

If a settlement is arrived at ,the board is required to send a report to the appropriate Government together with a memorandum of settlement duly signed by the parties to the disputes.

In the event of failure ,the board is required to send a failure report to the appropriate Government

The board must submit its report within two months from the date or which the dispute is referred to it or such shorter period as may be fixed by the appropriate Government.

4.Court of enquirySection 6 empowers the appropriate government

to constitute a court of enquiry for enquiring into any matter appearing to be connected with or relevant to an industrial dispute. A court of enquiry may consist of one or more independent persons. If the number is more than one, one of them shall be appointed as chairman.

Duties of court of enquiryThe first duty of the court is to enquire into the

matter referred to it. The second duty is to make a report to the appropriate government on the enquiry held by it on the matters referred to it. The report is submitted within 6 months from the commencement of enquiry.

5.Labour courtsIt may be constituted by the appropriate

government, for adjudicating industrial disputes relating to any matter specified in the schedule of industrial dispute Act

A labour court shall consists of one person only ,who

Is or has been a judge of a high court.

Has been, for a period of not less than 3 years a district judge.

Has held any judicial office in India for a period of not less than 7 years.

6.Industrial tribunalsThe appropriate government may

appoint industrial tribunals for the adjudication of the industrial disputes relating to any matters, whether specified in the second schedule or in the third schedule. It may be appointed for limited period on an adhoc basis or permanently. An industrial tribunal shall consists of one or more person who-

Have been the judges of high court.

Have been district judge for a period of not less than 3 years.

7.National TribunalThe central Government by a notification in

the official gazette , constitute national tribunals for the adjudication of industrial disputes which have national importance. The national tribunal shall consists of one person only who

is/has been a judge of high court

has held the office of the chairman of the labour appellate tribunal for a period of not less than 2 years.