LexThe INDUSTRIAL DISPUTES ACT, 1947
Punjab · state statute
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THE INDUSTRIAL DISPUTES ACT, 1947
ACT NO. 14 OF 1947 1*
[11th March, 1947.]
An Act to make provision for the investigation and settlement of
industrial disputes, and for certain other purposes.
WHEREAS it is expedient to make provision for the investigation
and settlement of industrial disputes, and for certain other purposes
hereinafter appearing;
It is hereby enacted as follows:--
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.- (1) This Act may be
called the Industrial Disputes Act, 1947.
2*[(2) It extends to the whole of India:
3* * * * *
(3) It shall come into force on the first day of April, 1947.
2.
Definitions.
2. Definitions.- In this Act, unless there is anything repugnant
in the subject or context,--
(a) "appropriate Government" means--
(i) in relation to any industrial dispute
concerning 4*** any industry carried on by or under the
authority of the Central Government, 5*** or by a
railway company 6*[or concerning any such controlled
industry as may be specified in this behalf by the
Central Government] 7*** or in relation to an industrial
dispute concerning 8*[9*[10*
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1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of
1962, to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963 and
Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and
Sch.
2. Subs. by Act 36 of 1956, s. 2, for the former sub-section (w.e.f.
29-8-1956).
3. Proviso omitted by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-
1971).
4. Certain words and figures inserted by Act 10 of 1963, s. 47 and
Sch. II, Pt. II have been omitted by Act 36 of 1964, s. 2 (w.e.f.
19-12-1964).
5. The words "by the Federal Railway Authority" omitted by the A. O.
1948.
2
6. Ins. by Act 65 of 1951, s. 32.
7. The words "operating a Federal Railway" omitted by the A. O.
1950.
8. Ins. by Act 47 of 1961, s. 51 and Sch. II, Pt. III (w.e.f. 1-1-
1962).
9. Subs. by Act 36 of 1964, s. 2, for "the Deposit Insurance
Corporation established" (w.e.f. 19-12-1964).
10. Subs. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
146
[a Dock Labour Board established under section 5A of the Dock Workers
(Regulation of Employment) Act, 1948 (9 of 1940), or the Industrial
Finance Corporation of India established under section 3 of the
Industrial Finance Corporation Act, 1948 (15 of 1948), or the
Employees' State Insurance Corporation established under section 3 of
the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of
Trustees constituted under section 3A of the Coal Mines Provident Fund
and Miscellaneous Provisions Act, 1948( 46 of 1948), or the Central
Board of Trustees and the State Boards of Trustees constituted under
section 5A and section 5B, respectively, of the Employees' Provident
Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), or the
"Indian Airlines" and "Air India" Corporations established under
section 3 of the Air Corporations Act, 1953 (27 of 1953), or the Life
Insurance Corporation of India established under section 3 of the Life
Insurance Corporation Act, 1956 (31 of 1956), or the Oil and Natural
Gas Commission established under section 3 of the Oil and Natural Gas
Commission Act, 1959 (43 of 1959), or the Deposit Insurance and Credit
Guarantee Corporation established under section 3 of the Deposit
Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or
the Central Warehousing Corporation established under section 3 of the
Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of
India established under section 3 of the Unit Trust of India Act, 1963
(52 of 1963), or the Food Corporation of India established under
section 3, or a Board of Management established for two or more
contiguous States under section 16, of the Food Corporations Act, 1964
(37 of 1964), or the International Airports Authority of India
constituted under section 3 of the International Airports Authority of
India Act, 1971 (48 of 1971), or a Regional Rural Bank established
under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or
the Export Credit and Guarantee Corporation Limited or the Industrial
Reconstruction Bank of India 2* [the National Housing Bank established
under section 3 of the National Housing Bnak Act, 1987 (53 of 1987)
or] 3*[a banking or an insurance company, a mine, an oil-field] 4*[, a
Cantonment Board,] or a major port, the Central Government, and
(ii) in relation to any other industrial dispute, the
State Government;
4*[(aa) "arbitrator" includes an umpire;]
5*[6*[(aaa)] "average pay" means the average of the wages payable
to a workman--
(i) in the case of monthly paid workman, in the three
complete calendar months,
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1. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 53 of 1987, s. 56 and Sch. II (w.e.f. 9-7-1988).
3. Subs. by Act 54 of 1949, s. 3, for "a mine, oil-field".
4. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
5. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
6. Cl. (aa) relettered as "(aaa)" by Act 36 of 1964, s. 2 (w.e.f.
19-12-1964).
147
(ii) in the case of weekly paid workman, in the four
complete weeks,
(iii) in the case of daily paid workman, in the twelve
full working days,
3
preceding the date on which the average pay becomes payable
if the workman had worked for three complete calendar
months or four complete weeks or twelve full working
days, as the case may be, and where such calculation
cannot be made, the average pay shall be calculated as
the average of the wages payable to a workman during
the period he actually worked;]
1*[(b) "award" means an interim or a final determination of
any industrial dispute or of any question relating
thereto by any Labour Court, Industrial Tribunal or
National Industrial Tribunal and includes an
arbitration award made under section 10A;]
2*[(bb) "banking company" means a banking company as defined
in section 5 of the Banking Companies Act, 1949 (10 of
1949), having branches or other establishments in more
than one State, and includes 3*[the Export-Import Bank
of India 4*[,the Industrial Reconstruction Bank of
India,] 5*[the Industrial Development Bank of India,]
6*[the Small Industries Development Bank of India
established under section 3 of the Small Industries
Development Bank of India Act, 1989 (39 of 1989),] the
Reserve Bank of India, the State Bank of India 7*[a
corresponding new bank constituted under section 3 of
the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970 (5 of 1970), 8*[a
corresponding new bank constituted under section 3
of the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1980 (40 of 1980), and any
subsidiary bank]] as defined in the State Bank of
India (Subsidiary Banks) Act, 1959 (38 of 1959);]
(c) "Board" means a Board of Conciliation constituted under
this Act;
9*[(cc) "closure" means the permanent closing down of a place of
employment or part thereof;]
(d) "conciliation officer" means a conciliation officer
appointed under this Act;
(e) "conciliation proceeding" means any proceeding held by a
conciliation officer or Board under this Act;
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1. Subs. by Act 36 of 1956, s. 3, for cl. (b) (w.e.f. 10-3-1957).
2. Subs. by Act 38 of 1959, s. 64 and Sch. III, Pt. II, for cl. (bb)
which was ins. by Act 54 of 1949, s. 3.
3. Ins. by Act 28 of 1981, s. 40 and Sch. II (w.e.f. 1-1-1982).
4. Ins. by Act 62 of 1984, s. 71 and Sch. III (w.e.f. 20-3-1985).
5. Ins. by Act 18 of 1964, s. 38 and Sch. II, Pt. II (w.e.f. 1-7-
1964).
6. Ins. by Act 39 of 1989, s. 53 and 2nd Sch. (w.e.f. 7-3-1990).
7. Subs. by Act 5 of 1970, s. 20, for "and any subsidiary bank"
(w.e.f. 19-7-1969).
8. Subs. by Act 40 of 1980, s. 20 (w.e.f. 15-4-1980).
9. Ins. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
148
1*[(ee) "controlled industry" means any industry the control
of which by the Union has been declared by any Central
Act to be expedient in the public interest;]
2* * * * *
(f) "Court" means a Court of Inquiry constituted under this
Act;
(g) "employer" means--
(i) in relation to an industry carried on by or
under the authority of any department of 3*[the Central
4
Government or a State Government], the authority
prescribed in this behalf, or where no authority is
prescribed, the head of the department;
(ii) in relation to an industry carried on by or
on behalf of a local authority, the chief executive
officer of that authority;
4*[(gg) "executive", in relation to a trade union, means the
body, by whatever name called, to which the management
of the affairs of the trade union is entrusted;]
5* * * * *
(i) a person shall be deemed to be "independent" for the
purpose of his appointment as the chairman or other
member of a Board, Court or Tribunal, if he is
unconnected with the industrial dispute referred to
such Board, Court or Tribunal or with any industry
directly affected by such dispute:
6*[Provided that no person shall cease to be independent by
reason only of the fact that he is a shareholder of an
incorporated company which is connected with, or likely
to be affected by, such industrial dispute; but in such
a case, he shall disclose to the appropriate Government
the nature and extent of the shares held by him in such
company;]
7*[(j) "industry" means any systematic activity carried on
by co-operation between an employer and his workmen
(whether such workmen are employed by such employer
directly or by or through any agency, including a
contractor) for the production, supply or distribution
of goods or services with a view to satisfy human wants
or wishes (not being wants or wishes which are merely
spiritual or religious in nature), whether or not,--
(i) any capital has been invested for the purpose
of carrying on such activity; or
(ii) such activity is carried on with a motive to
make any gain or profit,
and includes--
(a) any activity of the Dock Labour Board
established under section 5A of the Dock Workers
(Regulation of Employment) Act, 1948 (9 of 1948);
(b) any activity relating to the promotion of
sales or business or both carried on by an
establishment.
but does not include--
(1) any agricultural operation except where such agricultural
operation is carried on in an integrated manner with any other
activity (being any such activity as is referred to in the foregoing
provisions of this clause) and such other activity is the predominant
one.
Explanation.--For the purposes of this sub-clause, "agricultural
operation" does not include any activity carried on in a plantation as
defined in clause (f) of section 2 of the Plantations Labour Act,
1951 (69 of 1951); or
(2) hospitals or dispensaries; or
(3) educational, scientific, research or training institutions;
or
(4) institutions owned or managed by organisations wholly or
5
substantially engaged in any charitable, social or philanthropic
service; or
(5) khadi or village industries; or
(6) any activity of the Government relatable to the sovereign
functions of the Government including all the activities carried on by
the departments of the Central Government dealing with defence
research, atomic energy and space; or
(7) any domestic service; or
(8) any activity, being a profession practised by an individual
or body or individuals, if the number of persons employed by the
individual or body of individuals in relation to such profession is
less than ten; or
(9) any activity, being an activity carried on by a co-operative
society or a club or any other like body of individuals, if the number
of persons employed by the co-operative society, club or other like
body of individuals in relation to such activity is less than ten;]
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1. Ins. by Act 65 of 1951, s. 32.
2. Cl. (eee) ins. by Act 43 of 1953, s. 2 omitted by Act 36 of 1964,
s. 2 (w.e.f. 19-12-1964).
3. Subs. by the A. O. 1948, for "a Government in British India".
4. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
5. Cl. (h) omitted by the A. O. 1950.
6. Ins. by Act 18 of 1952, s. 2.
7. Subs. by Act 46 of 1982, s. 2 (w.e.f. -------).
149
(k) "industrial dispute" means any dispute or difference
between employers and employers or between employers
and workmen, or between workmen and workmen, which is
connected with the employment or non-employment or the
terms of employment or with the conditions of labour,
of any person;
1*[(ka) "industrial establishment or undertaking" means an
establishment or undertaking in which any industry is
carried on:
Provided that where several activities are carried on in an
establishment or undertaking and only one or some of such activities
is or are an industry or industries, then,--
(a) if any unit of such establishment or undertaking
carrying on any activity, being an industry, is
severable from the other unit or units of such
establishment or undertaking, such unit shall be deemed
to be a separate industrial establishment or
undertaking;
(b) if the predominant activity or each of the predominant
activities carried on in such establishment or
undertaking or any unit thereof is an industry and the
other activity or each of the other activities carried
on in such establishment or undertaking or unit thereof
is not severable from and is, for the purpose of
carrying on, or aiding the carrying on of, such
predominant activity or activities, the entire
establishment or undertaking or, as the case may be,
unit thereof shall be deemed to be an industrial
establishment or undertaking;]
2*[(kk) "insurance company" means an insurance company as
defined in section 2 of the Insurance Act, 1938 (4 of
1938), having branches or other establishments in more
than one State ;]
1*[(kka) "khadi" has the meaning assigned to it in clause (d) of
6
section 2 of the Khadi and Village Industries Commission Act, 1956
(61 of 1956);]
3*[(kkb)] "Labour Court" means a Labour Court constituted under
section 7:]
4*[(kkk) "lay-off" (with its grammatical variations and
cognate expressions) means the failure, refusal or
inability of an employer on account of shortage of
coal, power or raw materials or the accumulation of
stocks or the breakdown of machinery 5*[or natural
calamity or for any other connected reason] to give
employment to a workman whose name is borne on the
muster rolls of his industrial establishment and who
has not been retrenched.
Explanation.--Every workman whose name is borne on the
muster rolls of the industrial establishment and who
presents himself for work at the establishment at the
time appointed for the purpose during normal working
hours on any day and is not given employment by the
employer within two hours of his so presenting himself
shall be deemed to have been laid-off for that day
within the meaning of this clause:
Provided that if the workman, instead of being given
employment at the commencement of any shift for any day
is asked to present himself for the purpose during the
second half of the shift for the day and is given
employment then, he shall be deemed to have been laid-
off only for one-half of that day:
Provided further that if he is not given any such employment
even after so presenting himself, he shall not be
deemed to have been laid-off for the second half of the
shift for the day and shall be entitled to full basic
wages and dearness allowance for that part of the day;]
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1. Ins. by Act 46 of 1984 s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 54 of 1949, s. 3.
3. Relettered by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984).
4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
5. Subs. by Act 46 of 1984, s. 2 (w.e.f. 21-8-1984).
150-150A
(l) "lock-out" means the 1*[temporary closing of a place of
employment] or the suspension of work, or the refusal
by an employer to continue to employ any number of
persons employed by him;
2*[(la) "major port" means a major port as defined in clause
(8) of section 3 of the Indian Ports Act, 1908 (15 of
1908);
(lb) "mine" means a mine as defined in clause (j) of sub-
section (1) of section 2 of the Mines Act, 1952 (35
of 1952)];
3*[(ll) "National Tribunal" means a National Industrial
Tribunal constituted under section 7B;]
4*[(lll) "office bearer", in relation to a trade union,
includes any member of the executive thereof, but does
not include an auditor;]
(m) "prescribed" means prescribed by rules made under this
Act;
(n) "public utility service" means--
(i) any railway service 2*[or any transport
service for the carriage of passengers or goods by air];
7
4*[(ia) any service in, or in connection with the
working of, any major port or dock;]
(ii) any section of an industrial establishment,
on the working of which the safety of the establishment
or the workmen employed therein depends;
(iii) any postal, telegraph or telephone service;
(iv) any industry which supplies power, light or
water to the public;
(v) any system of public conservancy or
sanitation;
(vi) any industry specified in the 4*[First
Schedule] which the appropriate Government may, if
satisfied that public emergency or public interest so
requires, by notification in the Official Gazette,
declare to be a public utility service for the purposes
of this Act, for such period as may be specified in the
notification:
Provided that the period so specified shall not, in the
first instance, exceed six months but may, by a like noti-
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1. Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
2. Ins. by Act 36 of 1964, s. 2 (w.e.f. 19-12-1964).
3. Ins. by Act 36 of 1956, s. 3 (w.e.f. 10-3-1957).
4. Ins. by Act 45 of 1971, s. 2 (w.e.f. 15-12-1971).
5. Subs. by Act 36 of 1964, s. 2, for "Schedule" (w.e.f. 19-12-
1964).
150B
fication, be extended from time to time, by any period
not exceeding six months, at any one time if in the
opinion of the appropriate Government public emergency
or public interest requires such extension;
(o) "railway company" means a railway company as defined in
section 3 of the Indian Railways Act, 1890 (9 of
1890);
1*[(oo) "retrenchment means the termination by the employer
of the service of a workman for any reason whatsoever,
otherwise than as a punishment inflicted by way of
disciplinary action, but does not include--
(a) voluntary retirement of the workman; or
(b) retirement of the workman on reaching the age
of superannuation if the contract of employment between
the employer and the workman concerned contains a
stipulation in that behalf; or
2*[(bb) termination of the service of the workman
as a result of the non-renewal of the contract of
employment between the employer and the workman
concerned on its expiry or of such contract being
terminated under a stipulation in that behalf contained
therein; or]
(c) termination of the service of a workman on the
ground of continued ill-health;]
3*[(p) "settlement" means a settlement arrived at in the
course of conciliation proceeding and includes a
written agreement between the employer and workmen
arrived at otherwise than in the course of conciliation
proceeding where such agreement has been signed by the
parties thereto in such manner as may be prescribed and
a copy
8
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1. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
2. Ins. by Act 49 of 1984, s. 2 (w.e.f. 18-8-1984).
3. Subs. by Act 36 of 1956, s. 3, for cl. (p) (w.e.f. 7-10-1956).
151
thereof has been sent to 1*[an officer authorised in
this behalf by] the appropriate Government and the
conciliation officer;]
(q) "strike" means a cessation of work by a body of persons
employed in any industry acting in combination or a
concerted refusal, or a refusal under a common
understanding, of any number of persons who are or have
been so employed to continue to work or to accept
employment;
2*[(qq) "trade union" means a trade union registered under
the Trade Unions Act, 1926 (16 of 1926);]
3*[(r) "Tribunal" means an Industrial Tribunal constituted
under section 7A and includes an Industrial Tribunal
constituted before the 10th day of March, 1957, under
this Act;]
2*[(ra) "unfair labour practice" means any of the practices
specified in the Fifth Schedule;
(rb) "village industries" has the meaning assigned to it in
clause (h) of section 2 of the Khadi and Village
Industries Commission Act, 1956 (61 of 1956) ;]
4*[(rr) "wages" means all remuneration capable of being
expressed in terms of money, which would, if the terms
of employment, expressed or implied, were fulfilled, be
payable to a workman in respect of his employment or of
work done in such employment, and includes--
(i) such allowances (including dearness allowance)
as the workman is for the time being entitled to;
(ii) the value of any house accommodation, or of
supply of light, water, medical attendance or other
amenity or of any service or of any concessional supply
of food-grains or other articles;
(iii) any travelling concession;
2*[(iv) any commission payable on the promotion
of sales or business or both;]
but does not include--
(a) any bonus;
(b) any contribution paid or payable by the
employer to any pension fund or provident fund or for the
benefit of the workman under any law for the time being in
force;
(c) any gratuity payable on the termination of his
service;]
5*[(s) "workman" means any person (including an apprentice)
employed in any industry to do any manual, unskilled, skilled,
technical, operational, clerical or supervisory work for hire or
reward, whether the terms of employment be express or implied, and for
the purposes of any proceeding under this Act in relation to an
industrial dispute, includes any such person who has been dismissed,
discharged or retrenched in connection with, or as a consequence of,
9
that dispute, or whose dismissal, dischasrge or retrenchment has led
to that dispute, but does not include any such person--
(i) who is subject to the Air Force Act, 1950 (45 of 1950),
or the Army Act, 1950 (46 of 1950), or the Navy Act,
1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer
or other employee of a prison; or
(iii) who is employed mainly in a managerial or
administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws
wages exceeding one thousand six hundred rupees per
mensem or exercises, either by the nature of the duties
attached to the office or by reason of the powers
vested in him, functions mainly of a managerial
nature.
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1. Ins. by Act 35 of 1965, s. 2 (w.e.f. 1-12-1965).
2. Ins. and Subs. by Act 46 of 1982, s. 2 (w.e.f. 21-8-1984).
3. Subs. by Act 18 of 1957, s. 2, for cl. (r) (w.e.f. 10-3-1957).
4. Ins. by Act 43 of 1953, s. 2 (w.e.f. 24-10-1953).
5. Subs. by Act 46 of 1982, s. 2 (w. e. f. 21-8-1984).
152
2A.
Dismissal, etc., of an individual workman to be deemed to be
anindustrial dispute.
1*[2A. Dismissal, etc., of an individual workman to be deemed to
be an industrial dispute.- Where any employer discharges, dismisses,
retrenches, or otherwise terminates the services of an individual
workman, any dispute or difference between that workman and his
employer connected with, or arising out of, such discharge, dismissal,
retrenchment or termination shall be deemed to be an industrial
dispute notwithstanding that no other workman nor any union of workmen
is a party to the dispute.]
CHAPTER II
AUTHORITIES UNDER THIS ACT
3.
Works Committee.
3. Works Committee.- (1) In the case of any industrial
establishment in which one hundred or more workmen are employed or
have been employed on any day in the preceding twelve months, the
appropriate Government may by general or special order require the
employer to constitute in the prescribed manner a Works Committee
consisting of representatives of employers and workmen engaged in the
establishment so however that the number of representatives of workmen
on the Committee shall not be less than the number of representatives
of the
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1. Ins. by Act 35 of 1965, s. 3 (w.e.f. 1-12-1965).
153
employer. The representatives of the workmen shall be chosen in the
prescribed manner from among the workmen engaged in the establishment
and in consultation with their trade union, if any, registered under
10
the Indian Trade Unions Act, 1926 (16 of 1926).
(2) It shall be the duty of the Works Committee to promote
measures for securing and preserving amity and good relations between
the employer and workmen and, to that end, to comment upon matters of
their common interest or concern and endeavour to compose any material
difference of opinion in respect of such matters.
4.
Conciliation officers.
4. Conciliation officers.- (1) The appropriate Government may, by
notification in the Official Gazette, appoint such number of persons
as it thinks fit, to be conciliation officers, charged with the duty of
mediating in and promoting the settlement of industrial disputes.
(2) A conciliation officer may be appointed for a specified area
or for specified industries in a specified area or for one or more
specified industries and either permanently or for a limited period.
5.
Boards of Conciliation.
5. Boards of Conciliation.- (1) The appropriate Government may as
occasion arises by notification in the Official Gazette constitute a
Board of Conciliation for promoting the settlement of an industrial
dispute.
(2) A Board shall consist of a chairman and two or four other
members, as the appropriate Government thinks fit.
(3) The chairman shall be an independent person and the other
members shall be persons appointed in equal numbers to represent the
parties to the dispute and any person appointed to represent a party
shall be appointed on the recommendation of that party:
Provided that, if any party fails to make a recommendation as
aforesaid within the prescribed time, the appropriate Government shall
appoint such persons as it thinks fit to represent that party.
(4) A Board, having the prescribed quorum, may act
notwithstanding the absence of the chairman or any of its members or
any vacancy in its number:
Provided that if the appropriate Government notifies the Board
that the services of the chairman or of any other member have ceased
to be available, the Board shall not act until a new chairman or
member, as the case may be, has been appointed.
6.
Courts of Inquiry.
6. Courts of Inquiry.- (1) The appropriate Government may as
occasion arises by notification in the Official Gazette constitute a
Court of Inquiry for inquiring into any matter appearing to be
connected with or relevant to an industrial dispute.
154
(2) A Court may consist of one independent person or of such
number of independent persons as the appropriate Government may think
fit and where a Court consists of two or more members, one of them
shall be appointed as the chairman.
11
(3) A Court, having the prescribed quorum, may act
notwithstanding the absence of the chairman or any of its members or
any vacancy in its number:
Provided that, if the appropriate Government notifies the Court
that the services of the chairman have ceased to be available, the
Court shall not act until a new chairman has been appointed.
7.
Labour Courts.
1*[7. Labour Courts.- (1) The appropriate Government may, by
notification in the Official Gazette, constitute one or more Labour
Courts for the adjudication of industrial disputes relating to any
matter specified in the Second Schedule and for performing such other
functions as may be assigned to them under this Act.
(2) A Labour Court shall consist of one person only to be
appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the
presiding officer of a Labour Court, unless--
2*[(a) he is, or has been, a Judge of a High Court; or
(b) he has, for a period of not less than three years, been
a District Judge or an Additional District Judge; or
3* * * * *
4*[(d)] he has held any judicial office in India for not
less than seven years; or
4*[(e)] he has been the presiding officer of a Labour Court
constituted under any Provincial Act or State Act for
not less than five years.
7A.
Tribunals.
7A. Tribunals.- (1) The appropriate Government may, by
notification in the Official Gazette, constitute one or more
Industrial Tribunals for the adjudication of industrial disputes
relating to any matter, whether specified in the Second Schedule or
the Third Schedule 5*[and for performing such other functions as may
be assigned to them under this Act].
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1. Subs. by Act 36 of 1956, s. 4, for s. 7 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
3. Omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984).
4. Clauses (a) and (b) relettered as (d) and (e) respectively by
Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
5 Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
155
(2) A Tribunal shall consist of one person only to be appointed
by the appropriate Government.
(3) A person shall not be qualified for appointment as the
presiding officer of a Tribunal unless--
(a) he is, or has been, a Judge of a High Court; or
1*[(aa) he has, for a period of not less than three years,
been a District Judge or an Additional District Judge;
2*xxx]
12
2* * * * *
(4) The appropriate Government may, if it so thinks fit, appoint
two persons as assessors to advise the Tribunal in the proceeding
before it.
7B.
National Tribunals.
7B. National Tribunals.- (1) The Central Government may, by
notification in the Official Gazette, constitute one or more National
Industrial Tribunals for the adjudication of industrial disputes
which, in the opinion of the Central Government, involve questions of
national importance or are of such a nature that industrial
establishments situated in more than one State are likely to be
interested in, or affected by, such disputes.
(2) A National Tribunal shall consist of one person only to be
appointed by the Central Government.
(3) A person shall not be qualified for appointment as the
presiding officer of a National Tribunal 3*[unless he is, or has been,
a Judge of a High Court].
(4) The Central Government may, if it so thinks fit, appoint two
persons as assessors to advise the National Tribunal in the proceeding
before it.
7C.
Disqualifications for the presiding officers of Labour
Courts,Tribunals
and National Tribunals.
7C. Disqualifications for the presiding officers of Labour
Courts, Tribunals and National Tribunals.-No person shall be appointed
to, or continue in, the office of the presiding officer of a Labour
Court, Tribunal or National Tribunal, if--
(a) he is not an independent person; or
(b) he has attained the age of sixty-five years.]
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1. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964).
2. Omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
3. Subs. by s. 5, ibid (w.e.f. 21-8-1984).
156
8.
Filling of vacancies.
1*[8. Filling of vacancies.- If, for any reason a vacancy (other
than a temporary absence) occurs in the office of the presiding
officer of a Labour Court, Tribunal or National Tribunal or in the
office of the chairman or any other member of a Board or Court, then,
in the case of a National Tribunal, the Central Government and in any
other case, the appropriate Government, shall appoint another person
in accordance with the provisions of this Act to fill the vacancy, and
the proceeding may be continued before the Labour Court, Tribunal,
National Tribunal, Board or Court, as the case may be, from the stage
at which the vacancy is filled.
13
9.
Finality of orders constituting Boards, etc.
9. Finality of orders constituting Boards, etc.- (1) No order of
the appropriate Government or of the Central Government appointing any
person as the chairman or any other member of a Board or Court or as
the presiding officer of a Labour Court, Tribunal or National Tribunal
shall be called in question in any manner; and no act or proceeding
before any Board or Court shall be called in question in any manner on
the ground merely of the existence of any vacancy in, or defect in the
constitution of, such Board or Court.
(2) No settlement arrived at in the course of a conciliation
proceeding shall be invalid by reason only of the fact that such
settlement was arrived at after the expiry of the period referred to
in sub-section (6) of section 12 or sub-section (5) of section 13, as
the case may be.
(3) Where the report of any settlement arrived at in the course
of conciliation proceeding before a Board is signed by the chairman
and all the other members of the Board, no such settlement shall be
invalid by reason only of the casual or unforeseen absence of any of
the members (including the chairman) of the Board during any stage of
the proceeding.]
2*[CHAPTER IIA
NOTICE OF CHANGE
9A.
Notice of change.
9A. Notice of change.- No employer, who proposes to effect any
change in the conditions of service applicable to any workman in
respect of any matter specified in the Fourth Schedule, shall effect
such change,--
(a) without giving to the workmen likely to be affected by
such change a notice in the prescribed manner of the
nature of the change proposed to be effected; or
---------------------------------------------------------------------
1. Subs. by Act 36 of 1956, s. 5, for ss. 8 and 9 (w.e.f. 10-3-
1957).
2. Ins. by s. 6, ibid. (w.e.f. 10-3-1957).
157
(b) within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any
such change--
(a) where the change is effected in pursuance of any
1*[settlement or award]; or
(b) where the workmen likely to be affected by the change
are persons to whom the Fundamental and Supplementary
Rules, Civil Services (Classification, Control and
Appeal) Rules, Civil Services (Temporary Service)
Rules, Revised Leave Rules, Civil Service Regulations,
Civilians in Defence Services (Classification, Control
and Appeal) Rules or the Indian Railway Establishment
Code or any other rules or regulations that may be
notified in this behalf by the appropriate Government
14
in the Official Gazette, apply.
9B.
Power of Government to exempt.
9B. Power of Government to exempt.- Where the appropriate
Government is of opinion that the application of the provisions of
section 9A to any class of industrial establishments or to any class
of workmen employed in any industrial establishment affect the
employers in relation thereto so prejudicially that such application
may cause serious repercussion on the industry concerned and that
public interest so requires, the appropriate Government may, by
notification in the Official Gazette, direct that the provisions of
the said section shall not apply or shall apply, subject to such
conditions as may be specified in the notification, to that class of
industrial establishments or to that class of workmen employed in any
industrial establishment.]
3*[CHAPTER IIB
REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT
AUTHORITIES
9C.
Setting up of Grievance Settlement Authorities and reference
ofcertain
individual disputes to such authorities.
9C. Setting up of Grievance Settlement Authorities and reference
of certain individual disputes to such authorities.-(1) The employer
in relation to every industrial establishment in which fifty or more
workmen are employed or have been employed on any day in the preceding
twelve months, shall provide for, in accordance with the rules made in
that behalf under this Act, a Grievance SettExcerpt shown. Open the full act in Lexace.