Authorities & Notice of Change under Industrial Dispute Act 1947
AUTHORITIES under Industrial Dispute Act The Industrial Dispute Act, 1947 talks about disputes that occurs in an industry. Dispute may arise between 2 or more industries.cordial relation among the employers and employees reflecting socio-economic justice.
The following authorities for Investigation and Settlement of industrial disputes · WORKS COMMITTEE (section 3) · CONCILIATION OFFICER (section 4) · BOARDS OF CONCILIATION (section 5) · COURT OF INQUIRY (section 6) · LABOUR COURT (section 7) · LABOUR TRIBUNALS( section7A) · NATIONAL TRIBUNALS (section7B)
WORKS COMMITTEE (Section 3)
The works committee is a committee consisting of representatives of employers and workmen (section3). industrial harmonyappropriate Government in an industrial establishment in which 100 or more workmen are employed or have been employed on any day in the preceding 12 months
CONCILIATION OFFICER (Section 4)
For promoting and settlement of industrial disputes the appropriate Government may by notification in the Official Gazette, appoint such number of conciliation officer as it thinks fit.
BOARDS OF CONCILIATION (Section 5)
The appropriate Government may by notification in the Official Gazette, constitutea Board ofConciliation for the settlement of industrial disputes. [Section 2(i)]. Where the appropriate Government is of the opinion that any industrialdisputes exist in an industry, it may refer by order in writing to the Board of Conciliation for settling industrial disputes.The Board of Conciliation has to bring about a settlement of the dispute. He has to send a report and memorandum of settlement to appropriate GovernmentThe Board has to submit its report within 2 months of the date.
COURT OF INQUIRY (Section 6)
The court consists of two ormore members one ofwhom shall be appointed by the Chairman. Within a period of 6 months, the court has to send a report thereon tothe appropriate Government from the commencement of its any inquiry. It has the same powers as are vested in a Civil Court under the Code of Civil Procedure 1908, in the following matters enforcing the attendance ofany person and examining him on oath, compelling the production of documents and material objects, issuing commissions for the examination of witnesses,in respect of such other matters as may be prescribed. The report of the Court must be signed by all the members. appropriate Government within 30 days from itsreport. A court of enquiry has no power to improve any settlement upon the parties.
LABOUR COURT (Section 7)
The appropriate Government may by notification in the Official Gazette, constitute one or more labourcourt for adjudication of industrial disputes relating to any matters specified in theSecond Schedule. A labour court consists of one person only to be appointed by the appropriate Government. The main function of the labour court is to hold its proceedings expeditiously and submit its award as the proceeding concludes.
A person shall be presiding officer of a labour court unless he is or has been, a Judge of the High court, he has for a period ofnot less than three years, been a District Judge or an Additional District Judge or he has held any judicial office in India for not less than seven years; or he has been the presiding officer of a Labour Court constituted under any provincial Act or State Actfor not less than five years. he must be an “ independent “ person and must not have attained the age of 65 years.
LABOUR TRIBUNALS (Section 7- A)
The appropriate Government may by notification in the Official Gazette, constitute one or more Industrial Tribunals for adjudication of industrial disputes. A Tribunalshall consist of one person to be appointed by the appropriate Government. The Appropriate Government may appoint two persons as assessors toadvise the Tribunal. The person shall be not qualified unless he is, a Judge of the High court, he has for a period of not less than three years, been a District Judge or an Additional District Judge. Theappropriate Government may, if it so thinks fit, may appoint two persons as assessors to advise the Tribunal in the proceeding before it.
NATIONAL TRIBUNALS (Section 7 B)
The Central Government may, by notification in the Official Gazette, constitute one or more NationalIndustrial Tribunals for the adjudication of industrial disputes. Theperson shall not be qualified for appointment as the presiding officer unless he is, or has been, a Judge of a High Court. Beside these, the Central Government may, ifit thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceedings before it.
Notice of change [section 9A]
under the Industrial Disputes Act 1947 , no employer who proposes to effect any change in theconditions of service applicable to anyworkman in respect of any matter specified in the FourthSchedule, shall effect such change,- without giving to the workmen likely to be affected bysuch change a notice in the prescribed manner of the nature of the change proposed to be effected; or within twenty-one days of giving such notice:
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