The Act provides for the constitution of various authorities for the purpose of prevention and settlement of industrial disputes.
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:
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)].
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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