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Sec. 2 The Industrial Disputes Act, 1947 1
THE INDUSTRIAL DISPUTES ACT, 1947
Sec. [14 OF 1947] [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
- Short title, extent and commencement.-** (1) This Act may be called The Industrial Disputes Act, 1947. (^1) [(2) It extends to the whole of India.] (^2) [] (3) It shall come into force on the first day of April, 1947. 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 3 [] any industry carried on by or under the authority of the Central Government, 4 [] or by a railway company 5 [or concerning any such controlled industry as may be specified in this behalf by the Central Government 6 [] or in relation to an industrial dispute concerning (^7) [ (^8) [ (^9) [ (^10) [a Dock Labour Board established under Section 5-A of the Dock Workers (Regulation of Employment) Act, 1948 or 11 [the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)] or the Employees State Insurance Corporation established under Section 3 of the Employees State Insurance Act, 1948 (34 of 1948),
1 Subs by Act No. 36 of 1956, sec. 2, for sub-section (2) (w.e.f. 29-8-1956). 2 Proviso omitted by Act 51 of 1970, sec. 2 and Sch. (w.e.f. 1-9-1971). 3 Certain words and figures ins. 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) 4 The words “by the Federal Railway Authority” omitted by the A.O. 1948 5 Ins. by Act 65 of 1951, S. 6 The words “operating a Federal Railway” omitted by the A.O. 1950 7 Ins. by Act 47 of 1961, S.51 (w.e.f. 1.1.1962) 8 Subs. by Act 36 of 1964, S.2, for “the Deposit Insurance Corporation established” (w.e.f. 19.12.1964) 9 Subs. by Act 45 of 1971, S.2 (w.e.f.15.12. 10 Subs. by Act No.46 of 1982 (w.e.f.) 21.8. 11 Subs. by Act No.24 of 1996 dt. 16.8.1996, s. 2 deemed to have come into force from 11.10.
2 The Industrial Disputes Act, 1947 Sec. 2
or the Board of Trustees constituted under Section 3-A 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), 1 [****], or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 2 [the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956) 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 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 3 [the Airports Authority of India constituted under Section 3 of the Airports Authority of India Act, 1994 (55 of 1994)] 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 Limited], 4 [the National Housing Bank established under section 4 of the National Housing Bank Act, 1987 (53 of 1987), or 5 [^6 [an air transport service, or a banking or an insurance company], a mine, an oil-field], 7 [a Cantonment Board], or a major port, the the Central Government, and]] (ii) in relation to any other industrial dispute, the State Government; (^8) [(aa) “arbitrator” includes an umpire;]
1 Omitted by Act No.24 of 1996 dt. 16.8.1996, deemed to have come into force from 11.10. 2 Subs. by Act No.24 of 1996, sec. 2 for certain words (w.r.e.f 11-10-1195). 3 Subs. by Act No. 24 of 1996 dt. 16.8.1996, deemed to have come into force from 11.10. 4 Ins. by Act 53 of 1987, S.56 (w.e.f. 9.7.1988) 5 Subs. by Act No.24 of 1996 dt. 16.8.1996, deemed to have come into force from 11.10. 6 Subs. by Act No.24 of 1996, sec. 2 for certain words (w.r.e.f 11-10-1195). 7 Ins. by Act 36 of 1964, sec. 2 (w.e.f. 19.12.1964) 8 Ins. by Act 36 of 1964, S.2 (w.e.f. 19.12.1964)
4 The Industrial Disputes Act, 1947 Sec. 2
(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; (^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 Government 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) [(h) ***] (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 BUSINESS, TRADE, UNDERTAKING, MANUFACTURE OR CALLING OF EMPLOYERS AND INCLUDES ANY CALLING, SERVICE, EMPLOYMENT, HANDICRAFT, OR INDUSTRIAL OCCUPATION OR AVOCATION OF WORKMEN; (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
1 Ins. by Act No. 65 of 1951. 2 Omitted by Act No. 36 of 1964 (w.e.f. 15.12.1964.) 3 Subs. by the Indian Independence (Adaptation of Central Acts and Ordinance) Order,
4 Ins. by Act 45 of 1971. 5 Omitted by the A.O. 1950. 6 Ins. by Act 18 of 1952. 7 On the enforcement of clause (c) of section 2 of Act 46 of 1982, clause (j) of section 2 shall stand substituted as directed in clause (c) of Act 46 of 1982. For the text of clause (j) of section 2 see Appendix.
Sec. 2 The Industrial Disputes Act, 1947 5
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; (^3) [(kka) “khadi” has the meaning assigned to it in clause (d) of Section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956); (^4) [(kkb) “Labour Court” means a Labour Court constituted under Section 7]; (^5) [(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 (^6) [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
1 Subs. by Act 46 of 1982 (w.e.f. 21.8.1984) 2 Ins. by Act No.54 of 1949. 3 Ins. by I.D. (Amendment) Act 46 of 1982 (w.e.f. 21.8.1984) 4 Clause (kka) ins. by Act 36 of 1956, sec. 3 (w.e.f. 10-3-1957) and re-lettered as clause (kkb) by Act 46 of 1982, sec. 2 (w.e.f. 21.8.1984) 5 Ins. by Act 43 of 1953. 6 Subs. by Act No.46 of 1982 (w.e.f. 21.8.1984)
Sec. 2 The Industrial Disputes Act, 1947 7
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 notification, 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 (^2) [(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 (^3) [(bb) termination of the service of the workman as a result of the on-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;] (^4) [(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 thereof has been sent to 5 [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; (^6) [(qq) trade union” means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);]
1 Now see the Railways Act, 1989 (24 of 1989). 2 Ins. by Act 43 of 1953. 3 Ins. by Act 49 of 1984 (w.e.f. 18.8.1984) 4 Ins. by Act 36 of 1956 (w.e.f. 7.10.1956). 5 Ins. by Act 35 of 1965. 6 Ins. by Act 46 of 1982, s. 2 (w.e.f. 21.8.1984).
8 The Industrial Disputes Act, 1947 Sec. 2
(^1) [(r) “Tribunal” means an Industrial Tribunal constituted under Section 7-A 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);] (^3) [(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 foodgrains or other articles; (iii) any travelling concession; (^4) [(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, that dispute, or whose dismissal, discharge 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
1 Subs. by Act 18 of 1957. 2 Ins. by Act 46 of 1982, s. 2 (w.e.f. 21.8.1984). 3 Ins. by Act 43 of 195, S. 2 (w.e.f. 24-10-1953). 4 Ins. by Act 46 of 1982, s. 2 (w.e.f. 21.8.1984). 5 Ins. by Act 46 of 1982, s. 2 for clause (s) (w.e.f. 21.8.1984).
10 The Industrial Disputes Act, 1947 Sec. 6
(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 Enquiry:- (1) The appropriate Government may as occasion arises by notification in the Official Gazette, constitute a Court of Inquiry for enquiring into any matter appearing to be connected with or relevant to an industrial dispute. (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. (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.
(^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; (c) 3 [***] (^4) [(d) he has held any judicial office in India for not less than seven years; or (^5) [(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.- (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 6 [and for performing such other functions as may be assigned to them under this Act]. (2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.
1 Subs. by Act 36 of 1956. 2 Ins. by Act 36 of 1964. 3 Omitted by Act 46 of 1982, w.e.f. 21.8.1984. 4 Re-lettered by Act 36 of 1964. 5 Clauses (a) and (b) re-lettered as clauses (d) and (e) respectively by Act 36 of 1964, sec. 3 (w.e.f. 19-12-1964). 6 Ins. by Act 46 of 1982, sec. 4 (w.e.f. 21-8-1984).
Sec. 9 The Industrial Disputes Act, 1947 11
(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 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 [] (b) 3 [] (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.- (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 4 [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.- 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. (^5) [ 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.
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 a 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.
1 Ins. by Act 36 of 1964, sec. 4 (w.e.f. 21-8-1984). 2 The word “or” omitted by the Industrial Disputes (Amendment) Act 46, 1982 3 Omitted by Act 46 of 1982, S.4 (w.e.f. 21.8.1984) 4 Subs. by Act 46 of 1982 (w.e.f. 21.8.1984). 5 Ss. by Act 36 of 1956, for Ss.8 and 9 (w.e.f. 10.3.1957)
Sec. 10 The Industrial Disputes Act, 1947 13
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 Settlement Authority for the settlement of industrial disputes connected with an individual workman employed in the establishment. (2) Where an industrial dispute connected with an individual workman arises in an establishment referred to in sub-section (1), a workman or any trade union of workmen of which such workman is a member, refer, in such manner as may be prescribed such dispute to the Grievance Settlement Authority provided for by the employer under that sub-section for settlement. (3) The Grievance Settlement Authority referred to in sub-section (1) shall follow such procedure and complete its proceedings within such period as may be prescribed. (4) No reference shall be made under Chapter III with respect to any dispute referred to in this section unless such dispute has been referred to the Grievance Settlement Authority concerned and the decision of the Grievance Settlement Authority is not acceptable to any of the parties to the dispute.] **CHAPTER III REFERENCE OF DISPUTES TO BOARDS, COURTS OR TRIBUNALS
- Reference of disputes to Boards, Courts or Tribunals.-** (1) 1 [Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time], by order in writing,- (a) refer the dispute to a Board for promoting a settlement thereof; or (b) refer any matter appearing to be connected with or relevant to the dispute, to a Court for inquiry; or (^2) [(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the Second Schedule, to a Labour Court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for adjudication: Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under Clause (c);]
(^3) [Provided further that] where the dispute relates to a public utility service
and a notice under Section 22 has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make reference under this sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have commenced: (^4) [Provided also that where the dispute in relation to which the Central
Government is the appropriate Government, it shall be competent for the
1 Subs. by Act 18 of 1952 2 Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 3 Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 4 Ins. by Act 46 of 1982 (w.e.f. 21.8.1984).
14 The Industrial Disputes Act, 1947 Sec. 10
Government to refer the dispute to a Labour Court or an Industrial Tribunal, as the case may be, constituted by the State Government;] (^1) [(1-A) Where the Central Government is of opinion that any industrial
dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, then, the Central Government may, whether or not it is the appropriate Government in relation to that dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a National Tribunal for adjudication.] (2) Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a Board, Court, 2 [Labour Court, Tribunal, or National Tribunal], the appropriate Government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly. (^3) [(2-A) An order referring an industrial dispute to a Labour Court, Tribunal
or National Tribunal under this section shall specify the period within which such Labour Court, Tribunal or National Tribunal shall submit its award on such dispute to the appropriate Government: Provided that where such industrial dispute is connected with an individual workman, no such period shall exceed three months: Provided further that where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, to the Labour Court, Tribunal or National Tribunal for extension of such period or for any other reason, and the presiding officer of such Labour Court, Tribunal or National Tribunal considers it necessary or expedient to extend such period, he may for reasons to be recorded in writing, extend such period by such further period as he may think fit: Provided also that in computing any period specified in this sub-section, the period, if any, for which the proceedings before the Labour Court, Tribunal or National Tribunal had been stayed by any injunction or order of a Civil Court shall be excluded: Provided also that no proceedings before a Labour Court, Tribunal or National Tribunal shall lapse merely on the ground that any period specified under this sub-section had expired without such proceedings being completed.] (3) Where an industrial dispute has been referred to a Board, 4 [Labour Court, Tribunal or National Tribunal] under this section, the appropriate Government may by order prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference. (^5) [(4) Where in an order referring an industrial dispute to 6 [a Labour Court,
Tribunal or National Tribunal] under this section or in a subsequent order, the appropriate Government has specified the points of dispute for adjudication,
1 Ins. by Act 36 of 1936. 2 Subs. by Act 36 of 1956. 3 Ins. by Act 46 of 1982. 4 Subs. by Act 36 of 1956 (w.e.f) 10.3. 5 Ins. by Act 18 of 1952 6 Subs. by Act 36 of 1956
16 The Industrial Disputes Act, 1947 Sec. 10A
Court, Tribunal or National Tribunal shall complete such proceedings and submit its award to the appropriate Government]. (^1) [10A. Voluntary reference of disputes to arbitration:- (1) Where any
industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under Section 10 to a Labour Court or Tribunal or National Tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement. (^2) [(1A) Where an arbitration agreement provides for a reference of the dispute
to an even number of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this Act.] (2) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be signed by the parties thereto in such manner as may be prescribed. (3) A copy of the arbitration agreement shall be forwarded to the appropriate Government and the Conciliation Officer and the appropriate Government shall, within 3 [one month] from the date of the receipt of such copy, publish the same in the Official Gazette. (^4) [(3A) Where an industrial dispute has been referred to arbitration and the
appropriate Government is satisfied that the persons making the reference represent the majority of each party, the appropriate Government may, within the time referred to in sub-section (3), issue a notification in such a manner as may be prescribed; and when any such notification is issued, the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators.] (4) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be. (^5) [(4-A) Where an industrial dispute has been referred to arbitration and a
notification has been issued under sub-section (3-A), the appropriate Government may, by order, prohibit the continuance of any strike or lock out in connection with such dispute which may be in existence on the date of reference.] (5) Nothing in the Arbitration Act, 1940 (10 of 1940)^6 , shall apply to arbitrations under this section.]
1 Ins. by Act 36 of 1956 (w.e.f. 10.3.1957). 2 Ins. by Act 36 of 1964, sec. 6 (w.e.f. 19-12-1964). 3 Subs. by Act 36 of 1964 4 Subs. by Act 36 of 1964 (w.e.f. 19.12.1964). 5 Added by I.D. Amendment Act 36 of 1964. 6 Now see the Arbitration and Conciliation Act, 1996 (21 of 1996).
Sec. 11 The Industrial Disputes Act, 1947 17
CHAPTER IV
PROCEDURE, POWERS AND DUTIES OF AUTHORITIES
11. Procedure and power of conciliation officers, Boards, Courts and Tribunals:-^1 [(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit]. (2) A conciliation officer or a member of a Board, 2 [or Court or the presiding officer of a Labour Court, Tribunal or National Tribunal] may, for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates. (3) Every Board, Court, 3 [Labour Court, Tribunal and National Tribunal] shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely- (a) Enforcing the attendance of any person and examining him on oath; (b) Compelling the production of documents and material objects; (c) Issuing commissions for the examination of witnesses; (d) In respect of such other matters as may be prescribed; and every inquiry or investigation by a Board, Court, 4 [Labour Court, Tribunal or or National Tribunal] shall be deemed to be a judicial proceeding, within the meaning of Sections 193 and 228 of the Indian Penal Code (45 of 1860). (4) A Conciliation Officer 5 [may enforce the attendance of any person for the the purpose of examination of such person or call for] and inspect any document which he has ground for considering to be relevant to the industrial dispute 6 [or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) 7 [in respect of enforcing the attendance of any person and examining him or of compelling the production of documents].] (^8) [(5) A Court, Labour Court, Tribunal or National Tribunal may, if it so
thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it. [(6) All conciliation officers, members of a Board or Court and the presiding officers of a Labour Court, Tribunal or National Tribunal shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
1 Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 2 Subs. by Act 36 of 1956 (w.e.f. 10.3.1957). 3 Subs. by Act 36 of 1956 (w.e.f.) 10.3. 4 Subs. by Act 36 of 1956 (w.e.f.) 10.3. 5 Subs. by Act 46 of 1982 (w.e.f. 21.8. 6 Ins. by Act 36 of 1956 (w.e.f.) 10.3. 7 Subs. by Act 46 of 1982, sec. 9, for “in respect of compelling the production of documents” (w.e.f. 21-8-1984). 8 Subs. by Act 36 of 1956 (w.e.f.) 10.3.
Sec. 13 The Industrial Disputes Act, 1947 19
thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied that there is a case for reference to a Board, (^1) [Labour Court, Tribunal or National Tribunal],it may make such reference.
Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: (^2) [Provided that, 3 [subject to the approval of the conciliation officer] the time
for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute]. 13. Duties of Board:- (1) Where a dispute has been referred to a Board under this Act, it shall be the duty of the Board to endeavour to bring about a settlement of the same and for this purpose the Board shall, in such manner as it thinks fit and without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (2) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute. (3) If no such settlement is arrived at, the Board shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the proceedings and steps taken by the Board for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, its finding thereon, the reasons on account of which, in its opinion, a settlement could not be arrived at and its recommendations for the determination of the dispute. (4) If, on the receipt of a report under sub-section (3) in respect of a dispute relating to public utility service, the appropriate Government does not make a reference to a 4 [Labour Court, Tribunal or National Tribunal] under Section 10, it shall record and communicate to the parties concerned its reasons therefor. (5) The Board shall submit its report under this section within two months of the date 5 [on which the dispute was referred to it] or within such shorter period as may be fixed by the appropriate Government: Provided that the appropriate Government may from time to time extend the time for the submission of the report by such further periods not exceeding two months in the aggregate: Provided further that the time for the submission of the report may be extended by such period as may be agreed on in writing by all the parties to the dispute.
1 Subs. by Act 36 of 1956 (w.e.f.) 10.3. 2 Ins. by Act 36 of 1956 (w.e.f.) 10.3. 3 Ins. by Act 36 of 1964 (w.e.f. 19.12. 4 Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 5 Subs. by Act 40 of 1951
20 The Industrial Disputes Act, 1947 Sec. 14
14. Duties of Courts:- A Court shall inquire into the matters referred to it and report thereon to the appropriate Government ordinarily within a period of six months from the commencement of its inquiry.
(^1) [ 15. Duties of Labour Courts, Tribunals and National Tribunals:- Where
an industrial dispute has been referred to a Labour Court, Tribunal or National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, (^2) [within the period specified in the order referring such industrial dispute or the
further period extended under the second proviso to sub-section (2-A) of Section 10], submit its award to the appropriate Government.] 16. Form of Report or Award:- (1) The report of a Board or Court shall be in writing and shall be signed by all the members of the Board or Court, as the case may be: Provided that nothing in this section shall be deemed to prevent any member of the Board or Court from recording any minute of dissent from a report or from any recommendation made therein. (2) The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its presiding officer.]
17. Publication of reports and awards:- (1) Every report of a Board or Court together with any minute of dissent recorded therewith, every arbitration award and every award of the Labour Court, Tribunal or National Tribunal shall, within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit. (2) Subject to the provisions of Section 17-A, the award published under sub-section (1) shall be final and shall not be called in question by any Court in any manner whatsoever.
17A. Commencement of the award:- (1) An award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under Section 17: Provided that- (a) if the appropriate Government is of opinion, in any case where the award has been given by a Labour Court or Tribunal in relation to an industrial dispute to which it is a party; or (b) if the Central Government is of opinion, in any case where the award has been given by a National Tribunal, that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said period of thirty days. (2) Where any declaration has been made in relation to an award under the proviso to sub-section (1), the appropriate Government or the Central Government may, within ninety days from the date of publication of the award under Section 17, make an order rejecting or modifying the award, and shall, on the first available opportunity, lay the award together with a copy of the order before the Legislature of the State, if the order has been made by a State
1 Subs. by Act 36 of 1956 (w.e.f. 10.3.1957) 2 Subs. by Act 46 of 1982 (w.e.f. 21.8.1984)
