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Administration Under The Act- Industrial Disputes Act, 1947
Business Environment and Law-Industrial Disputes Act, 1947
Administration Under The Act- Industrial Disputes Act, 1947
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The Act provides for the constitution of various authorities for the purpose of prevention and settlement of industrial disputes.
Administration
Under The Act
The Act provides for the constitution of various authorities for the purpose of prevention and settlement of industrial disputes. These are as under –
Works committee
Conciliation officers
Board of conciliation
Courts of inquiry
Labour courts
Industrial tribunals, and
National tribunals
A brief description of the constitution, powers and duties of the various authorities is given below:
Constitution: Section 3 of the Act empowers the appropriate government to constitute a works committee by a general or special order in a manner, which may be prescribed. There are two conditions, which must be satisfied before a works committee can be constituted:
1. The establishment must be an industrial establishment.
2. One hundred or more workmen should either be presently employed or should have been employed on any day in the preceding twelve months.
The works committee must be composed of the representatives of the employers and the workmen engaged in the industrial establishment and must be equal in number. It is further provided that the representatives of the workmen shall be chosen in the prescribed manner and in consultation with the registered trade union.
As in the case of a Works Committee, the constitution of which is left to the discretion of the appropriate government, so also in the case of conciliation officers the appropriate government may as per Section 4 of the Act, appoint by notification in the official Gazette, such number of conciliation officers as it thinks fit.
In similar manner, a board of conciliation may also be constituted to promote the settlement of industrial disputes. A board shall consist of a chairman and two or four other members, as the appropriate government thinks fit. The chairman shall be an independent person and the other members shall be person’s appointed in equal numbers to represent the parties to the dispute on the recommendation of the parties concerned. If any party fails to make a recommendation with in the prescribed time, the appropriate government shall appoint such persons as it thinks fit to represent that party.
Conciliation proceedings before a board are similar in nature to those before a conciliation officer. But members of the boards of conciliation enjoy more powers than those enjoyed by conciliation officers. However, unlike a conciliation officer, the board cannot admit a dispute in conciliation on its own; the board has no jurisdiction until the government makes a reference to it.
The appropriate government may, by notification in the official Gazette, constitute a Court of Inquiry thereinafter called the court) for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.[Sec.6 (1)].
The appropriate government may, by notification in the official Gazette, constitute one or more Labour Courts for adjudication of industrial dispute relating to any matter specified in the Second Schedule. These courts shall also perform such other functions as may be assigned to them under the Act.
The Act provides for the constitution of various authorities for the purpose of prevention and settlement of industrial disputes. These are as under –
Conciliation officers
Board of conciliation
Courts of inquiry
Labour courts
Industrial tribunals, and
National tribunals
A brief description of the constitution, powers and duties of the various authorities is given below:
1. Works Committee (Sec.3)
Constitution: Section 3 of the Act empowers the appropriate government to constitute a works committee by a general or special order in a manner, which may be prescribed. There are two conditions, which must be satisfied before a works committee can be constituted:
1. The establishment must be an industrial establishment.
2. One hundred or more workmen should either be presently employed or should have been employed on any day in the preceding twelve months.
The works committee must be composed of the representatives of the employers and the workmen engaged in the industrial establishment and must be equal in number. It is further provided that the representatives of the workmen shall be chosen in the prescribed manner and in consultation with the registered trade union.
2. Conciliation Officers (Sec.4)
As in the case of a Works Committee, the constitution of which is left to the discretion of the appropriate government, so also in the case of conciliation officers the appropriate government may as per Section 4 of the Act, appoint by notification in the official Gazette, such number of conciliation officers as it thinks fit.
3. Board Of Conciliation
In similar manner, a board of conciliation may also be constituted to promote the settlement of industrial disputes. A board shall consist of a chairman and two or four other members, as the appropriate government thinks fit. The chairman shall be an independent person and the other members shall be person’s appointed in equal numbers to represent the parties to the dispute on the recommendation of the parties concerned. If any party fails to make a recommendation with in the prescribed time, the appropriate government shall appoint such persons as it thinks fit to represent that party.
Conciliation proceedings before a board are similar in nature to those before a conciliation officer. But members of the boards of conciliation enjoy more powers than those enjoyed by conciliation officers. However, unlike a conciliation officer, the board cannot admit a dispute in conciliation on its own; the board has no jurisdiction until the government makes a reference to it.
4. Courts Of Inquiry (Sec.6)
The appropriate government may, by notification in the official Gazette, constitute a Court of Inquiry thereinafter called the court) for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.[Sec.6 (1)].
5. Labour Courts (Sec.7)
The appropriate government may, by notification in the official Gazette, constitute one or more Labour Courts for adjudication of industrial dispute relating to any matter specified in the Second Schedule. These courts shall also perform such other functions as may be assigned to them under the Act.
Tags : Business Environment and Law-Industrial Disputes Act, 1947
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