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Title : THE INDUSTRIAL DISPUTES ACT, 1947

Year : 1947

Act :

CHAPTER IV

PROCEDURE, POWERS AND DUTIES OF AUTHORITIES


11.Procedure and powers of conciliation officers, Boards, Courts andTribunals.


11. Procedure and powers of conciliation officers, Boards, Courts and Tribunals.- 3*[(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, 4*[or Court or the presiding officer of a Labour Court, Tribunal or National
Tribunal]
---------------------------------------------------------------------
1. Subs. by Act 36 of 1964, s. 6, for "fourteen days" (w.e.f. 19-12-
1964).
2. Ins. by s. 6, ibid. (w.e.f. 19-12-1964).
3. Subs. by Act 36 of 1956, s. 9, for sub-section (1) (w.e.f. 10-3-
1957).
4. Subs. by s. 9, ibid., for "Court or Tribunal" (w.e.f. 10-3-1957).

162.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, 1*[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, 2*[Labour Court, Tribunal 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 3*[may enforce the attendance of any person for 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 4*[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), 3*[in respect of enforcing the attendance of any person and examining him or of compelling the production of documents].

5*[(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).

(7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a Labour Court, Tribunal or
National Tribunal shall be in the discretion of that Labour Court,
---------------------------------------------------------------------
1. Subs. by Act 36 of 1956, s. 9, for "and Tribunal" (w.e.f. 10-3-
1957).
2. Subs. by s. 9, ibid., for "or Tribunal" (w.e.f. 10-3-1957).
3. Subs. by Act 46 of 1982, s. 9 (w.e.f. 21-8-1984).
4. Ins. by Act 36 of 1956, s. 9 (w.e.f. 17-9-1956).
5. Subs. by s. 9, ibid., for sub-sections (5) to (7) (w.e.f. 10-3-
1957).

163.Tribunal or National Tribunal and the Labour Court, Tribunal or
National Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate Government by the person entited, be recovered by that Government in the same manner as an arrear of land revenue.]

1*[(8) Every 2*[Labour Court, Tribunal or National Tribunal]
shall be deemed to be Civil Court for the purposes of 3*[sections 345,
346 and 348 of the Code of Criminal Procedure, 1973 (5 of 1898).]


11A.

Powers of Labour Courts, Tribunals and National Tribunals to giveappropriate relief in case of discharge or dismissal of workmen.


4*[11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National
Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require:

Provided that in any proceeding under this section the Labour
Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.]


12.Duties of conciliation officers.


12. Duties of conciliation officers.- (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) 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 conciliation
---------------------------------------------------------------------
1. Ins. by Act 48 of 1950, s. 34 and Sch.
2. Subs. by Act 36 of 1956, s. 9, for "Tribunal" (w.e.f. 10-3-1957).
3. Subs. by Act 46 of 1982, s. 9 (w.e.f. 21-8-1984).
4. Ins. by Act 45 of 1971, s. 3 (w.e.f. 15-12-1972).

164.officer shall send a report thereof to the appropriate Government
1*[or an officer authorised in this behalf by the appropriate
Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him 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, 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, 2*[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:

3*[Provided that, 4*[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.


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
---------------------------------------------------------------------
1. Ins. by Act 35 of 1965, s. 4 (w.e.f. 1-12-1965).
2. Subs. by Act 36 of 1956, s. 10. for "or Tribunal" (w.e.f. 10-3-
1957).
3. Ins. by s. 10, ibid. (w.e.f. 17-9-1956).
4. Ins. by Act 36 of 1964, s. 8 (w.e.f. 19-12-1964).

164A

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 findings 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 a public utility service, the appropriate Government does not make a reference to a 1*[Labour Court, Tribunal
---------------------------------------------------------------------
1. Subs. by Act 36 of 1956, s. 11, for "Tribunal" (w.e.f. 10-3-
1957).

165.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, 1*[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.


14.Duties of Courts.


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.


15.Duties of Labour Courts, Tribunals and National Tribunals.


2*[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, 3*[within the period specified in the order referring such industrial dispute or the further period extended under the second proviso to sub-section (2A) of section 10], submit its award to the appropriate Government.


16.Form of report or award.


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.


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 a 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.
---------------------------------------------------------------------
1. Subs. by Act 40 of 1951, s. 6, for "of the notice under section
22".
2. Subs. by Act 36 of 1956, s. 12, for ss. 15, 16, 17 and 17A
(w.e.f. 10-3-1957). S. 17A was ins. by Act 48 of 1950, s. 34 and Sch.
3. Subs. by Act 46 of 1982, s. 10 (w.e.f. 21-8-1984)

166.(2) Subject to the provisions of section 17A, 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.


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 Government, or before Parliament, if the order has been made by the Central
Government.

(3) Where any award as rejected or modified by an order made under sub-section (2) is laid before the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub-section (2) is made in pursuance of a declaration under the proviso to sub-section (1), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (2).

(4) Subject to the provisions of sub-section (1) and sub-section
(3) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the

167.date when the award becomes enforceable under sub-section (1) or sub-
section (3), as the case may be.]


17B.

Payment of full wages to workman pending proceedings in higher courts.


8*[17B. Payment of full wages to workman pending proceedings in higher courts.-Where in any case, a Labour Court, Tribunal or National
Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court:

Provided that where it is proved to the satisfaction of the High
Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order that no wages shall be payable under this section for such period or part, as the case may be.]


18.Persons on whom settlements and awards are binding.


18. Persons on whom settlements and awards are binding.-2*[(1) A
settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.

(2) 3*[Subject to the provisions of sub-section (3), an arbitration award] which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration.]

4*[(3)] A settlement arrived at in the course of conciliation proceedings under this Act 5*[or an arbitration award in a case where a notification has been issued under sub-section (3A) of section 10A]
or 6*[an award 7*[of a Labour Court, Tribunal or National Tribunal]
which has become enforceable] shall be binding on--

(a) all parties to the industrial dispute;

(b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board,
5*[arbitrator,] 8*[Labour Court, Tribunal or National
Tribunal], as the case may be, records the opinion that they were so summoned without proper cause;

(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates;

(d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part.

---------------------------------------------------------------------

1. Ins. by Act 46 of 1982, s. 11 (w.e.f. 21-8-1984).
2. Ins. by Act 36 of 1956, s. 13 (w.e.f. 7-10-1956).
3. Subs. by Act 36 of 1964, s. 9, for "An arbitration award" (w.e.f.
19-12-1964).
4. S. 18 renumbered as sub-section (3) of that section by Act 36 of
1956, s. 13 (w.e.f. 7-10-1956).
5. Ins. by Act 36 of 1964, s. 9 (w.e.f. 19-12-1964).
6. Subs. by Act 48 of 1950, s. 34 and Sch., for "an award which is declared by the appropriate Government to be binding under sub-section (2) of section 15".
7. Ins. by Act 36 of 1956, s. 13 (w.e.f. 10-3-1957).
8. Subs. by s. 13, ibid., for "or Tribunal" (w.e.f. 10-3-1957).

168.19.Period of operation of settlements and awards.


19. Period of operation of settlements and awards.- (1) A
settlement 1*** shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute.

(2) Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months 2*[from the date on which the memorandum of settlement is signed by the parties to the dispute], and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement.

3*[(3) An award shall, subject to the provisions of this section, remain in operation for a period of one year 4*[from the date on which the award becomes enforceable under section 17A]:

Provided that the appropriate Government may reduce the said period and fix such period as it thinks fit:

Provided further that the appropriate Government may, before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of any award does not exceed three years from the date on which it came into operation.

(4) Where the appropriate Government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate Government may refer the award or a part of it 5*[to a Labour Court, if the award was that of a Labour Court or to a Tribunal, if the award was that of a
Tribunal or of a National Tribunal] for decision whether the period of operation should not, by reason of such change, be shortened and the decision of 6*[Labour Court or the Tribunal, as the case may be] on such reference shall, 7*** be final.
---------------------------------------------------------------------
1. The words "arrived at in the course of a conciliation proceeding under this Act" omitted by Act 36 of 1956, s. 14 (w.e.f.
7-10-1956).
2. Ins. by s. 14, ibid. (w.e.f. 7-10-1956).
3. Subs. by Act 48 of 1950, s. 34 and Sch., for sub-section (3).
4. Ins. by Act 36 of 1956, s. 14 (w.e.f. 17-9-1956).
5. Subs. by s. 14, ibid., for "to a Tribunal" (w.e.f. 10-3-1957).
6. Subs. by s. 14, ibid., for "the Tribunal" (w.e.f. 10-3-1957).
7. The words "subject to the provision for appeal" omitted by s. 14, ibid. (w.e.f. 10-3-1957).

169.(5) Nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other circumstances does not impose, after it has been given effect to, any continuing obligation on the parties bound by the award.

(6) Notwithstanding the expiry of the period of operation under sub-section (3), the award shall continue to be binding on the parties until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.

1*[(7) No notice given under sub-section (2) or sub-section (6)
shall have effect, unless it is given by a party representing the majority of persons bound by the settlement or award, as the case may be.]]


20.Commencement and conclusion of proceedings.


20. Commencement and conclusion of proceedings.- (1) A
conciliation proceeding shall be deemed to have commenced on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer or on the date of the order referring the dispute to a Board, as the case may be.

(2) A conciliation proceeding shall be deemed to have concluded--

(a) where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute;

(b) where no settlement is arrived at, when the report of the conciliation officer is received by the appropriate
Government or when the report of the Board is published under section 17, as the case may be; or

(c) when a reference is made to a Court, 2*[Labour Court, Tribunal or National Tribunal] under section 10 during the pendency of conciliation proceedings.

(3) Proceedings 3*[before an arbitrator under section 10A or before a Labour Court, Tribunal or National Tribunal] shall be deemed to have commenced on the date of the 4*[reference of the dispute for arbitration or adjudication, as the case may be] and such proceedings shall be deemed to have concluded 5*[on the date on which the award becomes enforceable under section 17A].
---------------------------------------------------------------------
1. Ins. by Act 36 of 1964, s. 10 (w.e.f. 19-12-1964). The former sub-section (7) was omitted by Act 36 of 1956, s. 14 (w.e.f.
17-9- 1956).
2. Subs. by Act 36 of 1956, s. 15, for "or Tribunal" (w.e.f. 10-3-
1957).
3. Subs. by s. 15, ibid., for "before a Tribunal" (w.e.f. 10-3-
1957).
4. Subs. by s. 15, ibid., for "reference of a dispute for adjudication" (w.e.f. 10-3-1957).
5. Subs. by Act 18 of 1952, s. 4, for certain words and figures.

170


21.Certain matters to be kept confidential.


21. Certain matters to be kept confidential.- There shall not be included in any report or award under this Act any information obtained by a conciliation officer, Board, Court, 1*[Labour Court, Tribunal, National Tribunal or an arbitrator] in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such officer, Board, Court, 1*[Labour Court, Tribunal, National Tribunal or arbitrator], if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer, Board, Court, 1*[Labour Court, Tribunal, National Tribunal or arbitrator], as the case may be, that such information shall be treated as confidential; nor shall such conciliation officer or any individual member of the Board, 2*[or Court or the presiding officer of the
Labour Court, Tribunal or National Tribunal or the arbitrator] or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be:

Provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).

Last updated on February, 2008
 
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