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THE INDUSTRIAL DISPUTES ACT, 1947

Title : THE INDUSTRIAL DISPUTES ACT, 1947

Year : 1947

Section 3 - Works Committee
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  (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 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 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 endeavor to compose any material difference of opinion in respect of such matters.
STATE AMENDMENTS
1Gujarat
After section 3, insert the following sections, namely:--
"3A. Joint Management Council.--(1) If in respect of any industry, in relation to the industrial dispute in which the appropriate Government is the State Government, the State Government is of opinion that it is desirable in public interest to take action under this section, it may, in the case of all industrial establishments or any class of industrial establishments in such industry, in which five hundred or more workmen are employed or have been employed on any day in the preceding twelve months, by general or special order, require the employer to constitute in the prescribed manner and within the prescribed time limit a Joint Management Council consisting of such number of members as may be prescribed, comprised of representatives of employsers and workmen engaged in the establishment, so however that the number of representatives of workmen on the Council shall not be less than the number of representatives of the employers. The representatives of the workmen on the Council shall be elected in the prescribed manner by the workmen engaged in the establishment from amongst themselves:
Provided that a list of industries in respect of which no order is issued under this sub-section shall be laid by the State Government before the State Legislature within thirty days from the commencement of its first Session of each year.
(2) One of the members of the Council shall be appointed as Chairman in accordance with rules made in this behalf.
3B. Functions of the Council.--(1) The Council shall be charged with the general duty to promote and assist in the management of the industrial establishment in a more efficient, orderly and economical manner, and for that purpose and without prejudice to the generality of the foregoing provision, it shall be the duty of the Council--
(a) to promote cordial relations between the employer and employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in productivity;
(d) to secure better administration of welfare measures and adequate safety measures;
(e) to train the employees in understanding the responsibilities of management of the undertaking and in sharing such responsibilities to the extent considered feasible; and
(f) to do such other things as may be prescribed.
(2) The Council shall be consulted by the employer on all matters relating to the management of the industrial establishment specified in sub-section (1) and it shall be the duty of the Council to advise the employer on any matter so referred to it.
(3) The Council shall be entrusted by the employer with such administrative functions appearing to be connected with, or relevant to, the discharge by the Council of its duties under this section as may be prescribed.
(4) It shall be the duty of the employer to furnish to the Council necessary information relating to such matters as may be prescribed for the purpose of enabling it to discharge its duties under this Act.
(5) The Council shall follow such procedure in the discharge of its duties as may be prescribed."
2Maharashtra
In section 3, in sub-section (1), insert the following proviso, namely:--
"Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then the recognised union shall appoint its nominees to represent the workmen who are engaged in such undertaking.
Explanation.--In the proviso to sub-section (1), the expression 'undertaking' includes an establishment."
3Rajsthan
After section 3, insert the following section, namely:--
"3A. Registrar and Assistant Registrar.--(1) The State Government shall, by notification in the Official Gazette, appoint a person to be the Registrar of Unions for the purpose of this Act for the whole of the State.
(2) The State Government may, by similar notification, appoint a person to be the Assistant Registrar of Unions for any local area and may, by general or special order, confer on such person all or any of the powers of the Registrar of Unions under this Act."
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1. Vide Gujarat Act 21 of 1972, sec. 7 (w.e.f. 20-1-1973).
2. Vide Maharashtra Act 1 of 1972, sec. 20 and Schedule I (w.e.f. 8-9-1975).
3. Vide Rajasthan Act 34 of 1958, sec. 4 (w.e.f. 1-7-1960).
 
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Section 4 - Conciliation officers
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 (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 medating 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.
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Section 5 - Boards of Conciliation
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(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.
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Section 6 - Courts of Inquiry
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 (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.
(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) 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.]

15*[(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or

(g) He is an officer of Indian Legal Service in Grade III with three years' experience in the grade.]
 
STATE AMENDMENTS

5* Andaman and Nicobar Islands

In section 7, in sub-section (3), in clause (a) [now re-lettered as clause (d)], for the words "seven years", substitute the words "three years".

6* Goa

In section 7, in sub-section (3), after clause (d), insert the following clauses, namely:-

"(d1) He has practiced as an advocate or attorney for not less than seven years in a High Court or in two or more such Courts in succession, or any Court subordinate thereto, or any Industrial Court or Tribunal or Labour Court constituted under any law for the time being in force; or

(d2) He holds a degree in law of a university established by law in any part of India or an equivalent degree and is holding or has held an office not lower in rank than that of Deputy Registrar of any Industrial Court or Tribunal or Labour Court constituted under any law for the time being in force for not less than five years; or

(d3) He holds a decree in law of a university established by law in any part of India or an equivalent degree and is holding or has held an office not lower in rank than that of Deputy Commissioner of Labour under a State Government or a Union territory administration for not less than five years; or".

7* Gujarat

In section 7, in sub-section (3),-

(i) In clause (b), after the words "Additional District Judge", insert the words "or a Joint Judge or an Assistant Judge";

(ii) In clause (d), for the words "seven years" substitute the words "five years";

(iii) In clause (e), for the words "five years" substitute the words "three years" and at the end of the clause, insert the word "or";

(iv) After clause (e), insert the following clause, namely:-

"(f) He has practiced as an advocate or attorney for not less than seven years in a High Court or any Court subordinate thereto or in any Industrial Court or Industrial Tribunal or Labour Court constituted under any law for the time being in force."

8* Haryana
In section 7, in sub-section (3),-

(i) For clause (b), substitute the following clause, namely:--

"(b) He is qualified for appointment as is or has been, a District Judge or an Additional District Judge or; and"

(ii) After clause (c), insert the following clause, namely:-

"(cc) He has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or".

9* Maharashtra
In section 7, in sub-section (3), after clause (d) insert the following clauses, namely:-

"(dl) He has practiced as an advocate or attorney for not less than seven years in the High Court, or any court subordinate thereto, or any Industrial Court or Tribunal or Labour Court, constituted under any law for the time being in force; or

(d2) He holds a decree in law of a university established by law in any part of India and is holding or has held an office not lower in rank than of Deputy Registrar of any such Industrial Court or Tribunal for not less than five years; or". [Vide Maharashtra Act 56 of 1974, sec. 2.] After clause (d2), insert the following clause, namely:-

"(d3) He holds a degree in law of a university established by law in any part of India and is holding or has held an office not lower than that of Assistant Commissioner of Labour under the State Government for not less than five years; or".

10*[Madhya Pradesh

In section 7, after sub-section (1), insert the following subs-section, namely:-

"(1A) In addition to the functions specified in sub-section (1), the Labour Court shall try offences punishable under this Act and the Acts specified in Part B of the Second Schedule."

11*In section 7, sub-section (1A), as inserted by Madhya Pradesh Act 43 of 1981, sec. 3 (quoted above), has been omitted.

12* Punjab, Haryana, Chandigarh.

In section 7, in sub-section (3), in clause (b), at the end, insert the word "or" and the following clauses, namely:-

"(c) He is or has been a District Judge; or

(d) He has held the office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950, or of any Tribunal for a period not less than two years."

13* Uttar Pradesh.

In section 7, after sub-section (3), insert the following sub-section, namely:-

"(3A) In relation to industrial dispute other than that referred to in sub-clause (i) of clause (a) of section 2 or in section 4 of the Industrial Disputes (Banking and Insurance Companies) Act, 1949, the provisions of sub-section (3) shall have effect as if-

(a) After clause (c) the following new clauses (d) and (e) had been added:-

"(d) Is or has been a Magistrate of the first class for a period exceeding two years;

(e) Is a person possessing more than two years' practical experience of adjudicating or settling industrial disputes";

(b) In the proviso after the words "clause (b)" the words "or clause

(d) Or clause (e)" had been added".

14* West Bengal

In section 7, in sub-section (3), for clause (b) substitute the following clause, namely:-

"(b) He is, or has been, a District Judge or an Additional District Judge; or".
 
7A - 16*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 17* [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.

(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

18*[(aa) he has, for a period of not less than three-years, been a District Judge or an Additional District Judge; 19[***]

20[***]

37*[(b) He is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or

(c) He is an officer of Indian Legal Service in Grade III with three years' experience in the grade.]
 
(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.]

STATE AMENDMENTS
21* Assam

In section 7A, in sub-section (3), after clause (a) insert the following clause, namely:-

"(aa) He has worked as a District Judge or as an Additional District Judge or as both for a total period of not less than three years or is qualified for appointment as a Judge of a High Court:
Provided that the appointment to a Tribunal of any person qualified under this clause shall not be made without consultation with the Assam High Court; or".

22* Bihar

In section 7 A, in sub-section (3), after clause (a) insert the following clause, namely:--

"(aa) He has worked as a District Judge or as an Additional District Judge or as both for a total period of not less than three years:
Provided that the appointment to a Tribunal of any person qualified under this clause shall be made in consultation with the High Court of the State in which the Tribunal has or is intended to have, its usual place of sitting; or".

23*Goa

In section 7A, in sub-section (3), for clause (aa), substitute the following clauses, namely:-

"(b) He is, or has been, a District Judge; or

(c) He has, for a period of not less than three years, been an Additional District Judge or an Assistant Judge; or

(d) He is qualified for appointment as a Judge of the High Court".

24* [25* Gujarat

In section 7A, in sub-section (3),-

(i) In clause (aa), after the words "an Additional District Judge" insert the words "or a Joint Judge or an Assistant Judge";

(ii) In clause (b), clause (b) has been omitted by Act 46 of 1982 (w.e.f. 21-8-1984), insert the word "or" at the end;

(iii) After clause (b), insert the following clause, namely:-

"(c) He has for not less than five years been the presiding officer of a Labour Court constituted under any law for the time being in force".

In section 7A, in sub-section (3), after clause (c) insert the following clause, namely:-"

"(d) He holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years".]

26* Haryana

In section 7A, in sub-section (3),-

(i) for clause (aa), substitute the following clause, namely:-

"(aa) He is qualified for appointment as, is or has been, a District Judge or an Additional District Judge; or"; and

(ii) After clause (aa), insert the following clause, namely:-

"(aaa) He has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or".

27* Kerala

In section 7A, in sub-section (3), for clause (a) substitute the following clause, namely:-

"(a) He is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for appointment as a Judge of a High Court; or".

28* Madhya Pradesh

In section 7A, for sub-section (3), substitute the following sub-section, namely:-

"(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

(b) He is eligible for being appointed a Judge of a High Court; or

(c) He has worked as President of the Board of Revenue; or

(d) He has worked as a member of the Board of Revenue for a period of not less than three years; or

(e) He has worked as Commissioner of Labour for a period of not less than three years; or

(f) He has worked as a member of the Industrial Court constituted under section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960), for a period of not less than five years."

29* Maharashtra

In section 7A, in sub-section (3), in clause (a), after the words
"Judge of a High Court", insert the words "or a District Judge or a person qualified for appointment as a Judge of a High Court".
In section 7A, in sub-section (3), in clause (aa), for the words "an Additional District Judge", substitute the words "an Additional District Judge or an Assistant Judge or". After clause (b), insert the following clause, namely:-

30* "(c) He has for not less than five years been a presiding officer of a Labour Court, constituted under any law for the time being in force."After clause (c) insert the following clause, namely:-

31* "(d) He holds degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years."

32* [33* Mysore (Karnataka).

(1) In section 7A, in sub-section (3), after clause (a), insert the following clause, namely:--
"(aa) he is, or has been, a District Judge, or".

(2) In clause (aa) as inserted by Mysore Act 6 of 1963, after the words "District Judge", insert the words "for a period of not less than three years."]

34* Orissa

In section 7A, in sub-section (3), after clause (a), insert the following clause, namely:-

"(aa) He has been a member of the Orissa Superior Judicial Service for a period of not less than seven years."

35* [36* West Bengal.

In section 7A, in sub-section (3), in clause (a), after the words

"High Court", insert the words "or a District Judge or an Additional District Judge".

In section 7A, in sub-section (3), for clause (aa), substituted the following clause, namely:-

"(aa) He is, or has been, a District Judge or an Additional District Judge; or".]
 
 7B - 38*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 38*[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 -39*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 rot an independent person; or

(b) He has attained the age of sixty-five years.]

STATE AMENDMENTS

40* Assam

In section 7C, in clause (b), insert the following proviso, namely:-

"Provided that where such Presiding Officer of a Tribunal appointed by the State Government attains the age of sixty-five years before the completion of any proceedings pending before him, the State Government may, if in the opinion of such Government public interest so requires, order his continuance in office for a period not exceeding six months for completion of the proceedings."

41* Gujarat.

After section 7C, insert the following section, namely:--

"7D. Notwithstanding anything contained in sub-section (1) of section 7A.--

(1) The State Government may constitute an Industrial Tribunal under that sub-section for performing such other functions as may be assigned to it under this Act.

(2) Where the State Government constitutes a Tribunal under section 7A, the Tribunal may consist of a person who is, or has been, for a period of not less than 5 years, a District Judge or an Additional or Joint District Judge and notwithstanding anything contained in sub-section (3) of section 7A but subject to section 7C, such person shall be deemed to be qualified for appointment as the presiding officer of the Tribunal.

(3) The appointment of a person qualified under clause (2) shall be made after consultation with the High Court."

42* Punjab, Haryana, Chandigarh.

In section 7C, for clause (b), substitute the following clause, namely:-

"(b) He has attained the age of sixty-seven years".

43* West Bengal.

In section 7C, in clause (b), insert the following proviso, namely:-

"Provided that where such presiding officer of a Tribunal appointed by the State Government attains the age of sixty-five years before completion of any proceedings pending before him, the State Government may, if in the opinion of such Government public interest so requires, order his continuance in office for a period not exceeding six months for completion of the proceedings."

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1. Substituted by Act 36 of 1956, section 4, for section 7 (w.e.f. 10-3-1957).

2. Inserted by Act 36 of 1964, section 3 (w.e.f. 19-12-1964).

3. Clause (c) omitted by Act 46 of 1982, section 3 (w.e.f. 21-8-1984).

4. Clauses (a) and (b) relettered as clauses (d) and (e) respectively by Act 36 of 1964, section 3 (w.e.f. 19-12-1964).

5. Vide Regulation 6 of 1964, section 2 (w.e.f. 29-4-1964).

6. Vide Goa Act 5 of 1987, section 2 (w.e.f. 21-10-1987).

7. Vide Gujarat Act 28 of 1977, section 2.

8. Vide Haryana Act 39 of 1976, section 2 (w.e.f. 12-8-1976).

9. Vide Maharashtra Act 22 of 1976, section 2 (w.e.f. 27-5-1976).

10. Vide Madhya Pradesh Act 43 of 1981, section 3 (w.e.f. 26-1-1982).

11. Vide Madhya Pradesh Labour Laws (Amendment) and Miscellaneous Provisions Act, 2003 (28 of 2003).

12. Vide Punjab Act 8 of 1957, section 2 (w.e.f. 3-6-1957); Act 31 of 1966 (w.e.f. 1-11-1966).

13. Vide Uttar Pradesh Act 25 of 1951, section 2 (w.r.e.f. 26-6-1951).

14. Vide West Bengal Act 35 of 1989, section 3 (w.e.f. 22-1-1989).

15. Inserted by the Industrial Disputes (Amendment) Act, 2010 (Act No. 24 of 2010) w.e.f. 15.09.2010.

16. Inserted by Act 36 of 1956, section 4 (w.e.f. 10-3-1957).

17. Inserted by Act 46 of 1982, section 4 (w.e.f. 21-8-1984).

18. Inserted by Act 36 of 1964, section 4 (w.e.f. 19-12-1964).

19. The word "or" omitted by Act 46 of 1982, section 4 (w.e.f. 20-8-1984).

20. Clause (b) omitted by Act 46 of 1982, section 4 (w.e.f. 21-8-1984).

21. Vide Assam Act 8 of 1962, section 2 (w.e.f. 30-4-1962).

22. Vide Bihar Act 20 of 1959, section 2 (w.e.f. 7-7-1959).

23. Vide Goa Act 5 of 1987, section 3 (w.e.f. 21-10-1987).

24. Vide Gujarat Act 28 of 1977, section 3.

25. Vide Gujarat Act 22 of 1981, section 5 (w.e.f. 1-8-1981).

26. Vide Haryana Act 39 of 1976, section 3 (w.e.f. 12-8-1976).

27. Vide Kerala Act 28 of 1961, section 2 (w.e.f. 27-7-1961).

28. Vide Madhya Pradesh Act 19 of 1988, section 3 (w.e.f. 15-1-1989).

29. Vide Maharashtra Act 2 of 1963, section 2 (w.e.f. 4-1-1963).

30. Vide Maharashtra Act 56 of 1974, section 3.

31. Vide Maharashtra Act 22 of 1976, section 3.

32. Vide Mysore Act 6 of 1963, section 2 (w.e.f. 31-1-1963).

33. Vide Mysore Act 25 of 1963, section 2 (w.e.f. 12-12-1963).

34. Vide Orissa Act 6 of 1960, section 2 (w.e.f. 17-3-1960).

35. Vide West Bengal Act 17 of 1958, section 3 (w.e.f. 22-9-1958).

36. Vide West Bengal Act 35 of 1989, section 4.

37. Inserted by the Industrial Disputes (Amendment) Act, 2010 (Act No. 24 of 2010) w.e.f. 15.09.2010 .

38. Inserted by Act 36 of 1956, section 4 (w.e.f. 10-3-1957).

39. Inserted by Act 36 of 1956, sec 4 (w.e.f. 10.3.1957).

40. Vide Assam Act 3 of 1962, section 3 (w.e.f. 30-4-1962).

41. Vide Gujarat Act 22 of 1962, section 2 (w.e.f. 9-8-1962).

42. Vide Punjab Act 8 of 1957, section 3 (w.e.f. 3-6-1957); and the Central Act 31 of 1986.

43. Vide West Bengal Act 11 of 1959, section 3 (w.e.f. 27-10-1959).

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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.

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1. Substituted by Act 36 of 1956, section 5, for section 8 (w.e.f. 10-3-1957).

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(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.]

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

(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 2* [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 in the Official Gazette, apply.

STATE AMENDMENT

3*[Andhra Pradesh.-

In section 9A, in clause (b), for the words "within twenty-one days", substitute the words "within forty-two days".

4*[West Bengal.-

In section 9A, in clause (b), for the words "within twenty-one days", substitute the words "within forty-two days.]
 
9B  5*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.]

STATE AMENDMENT

6*Rajasthan

After section 9B, insert the following Chapter, namely:--

"CHAPTER IIB
REGISTRATION OF UNIONS

9C. Maintenance of Register.-

It shall be the duty of the Registrar to maintain in such form as may be prescribed a register of Unions registered by him under the provisions of this Act.

9D. Application for Registration.-

Any Union which has for the whole of the period of [at least three months during the period of six months immediately preceding the calendar month in which it so applies] under this section a membership of not less than fifteen per cent of the total number of workmen employed in unit of an industry may apply in the prescribed form to the Registrar for registration as a Representative Union.

9E. Registration of Union.-

(1) On receipt of an application from a Union for registration under section 9D and on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry as he deems fit, he comes to the conclusion that the conditions requisite for registration specified in the said section are satisfied and that the Union is not otherwise disqualified for registration, enter the name of the Union in the appropriate register maintained under section 9C and issue a certificate of registration in such form as may be prescribed:

Provided that-

(i) Where two or more Unions fulfilling the conditions necessary for registration under this Act apply for registration in respect of the same unit of an industry, the Union having the largest membership of employees employed in the unit of the industry shall be registered; and

(ii) The Registrar shall not register any Union if he is satisfied that the application for its registration is not made bona fide in the interest of the workmen but is made in the interest of the employers to the prejudice of the interest of the workmen.

(2) Once a Union has been registered as a representative Union under this Act, the registration of the Union shall be held valid for a period of two years from the date of its registration and shall continue to hold valid unless the registration is cancelled under section 9F of this Act or another Union is registered in its place according to section 9G of this Act.

9F. Cancellation of Registration.-

The Registrar shall cancel the registration of a Union-

(a) If, after holding such inquiry, if any, as he deems fit, he is satisfied-

(i) That it was registered under mistake, misrepresentation or fraud; or

(ii) That the membership of the Union has, for a continuous period of three months, [at any time after two years from the date of its registration,] fallen below the minimum required under section 9D for its registration:

Provided that where a strike or a closure not being an illegal strike or closure under this Act in a unit of industry involving more than one-third of the workmen in the unit of the industry has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the said period of three months:

Provided further that the registration of a Union shall not be cancelled under the provisions of this sub-clause unless its membership at the time of the cancellation is less than such minimum; or

(iii) That the registered union is being conducted not bona fide in the interests of workmen but in the interests of employers to the prejudice of the interests of workmen; or

(iv) That it has instigated, aided or assisted the commencement or continuance of an illegal strike;

(b) If its registration under the Indian Trade Unions Act, 1926 (Central Act 16 of 1926), is cancelled.

9G. Registration of another Union in place of existing registered Union.-

(1) If any Union (hereinafter in this section referred to as "applicant Union") makes an application to the Registrar for being registered in place of the Union (hereinafter in this section referred to as "representative Union") for a unit of an industry [at any time after a lapse of two years from the date of registration of the representative Union] on the ground that it has a larger membership of workmen employed in such unit of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause within one month of the receipt of such notice why the applicant union should not be registered in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed.

(2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the said application and notice.

(3) If, on the expiry of the period of notice under sub-section (1) and after holding such inquiry as he deemds fit, the Registrar comes to the conclusion that the application Union complies with the conditions necessary for registration specified in section 9D and that its membership was during the whole of the period of [at least three months during the period of six months immediately preceding the calendar month in which it so applies] under this section larger than the membership of the representative Union, he shall, subject to the provision of section 9D, register the applicant Union in place of the representative Union.

(4) Every application made under this section shall be published in the prescribed manner not less than fourteen days before the expiry of the period of notice under sub-section (1).

9H. Application for re-registration.-

(1) Any Union the registration of which has been cancelled on the ground it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (a) of section 9F may at any time after three months from the date of such cancellation and on payment of such fees as may be prescribed, apply for re-registration.

The provisions of sections 9D and 9E shall apply in respect of such application.

(2) A Union, the registration of which has been cancelled on any other ground shall not, save with the permission of the State Government, be entitled to apply for re-registration.

9-I. Appeal to Industrial Tribunal from order of Registrar.-

(1) Any party to a proceeding before the Registrar may, within thirty days from the date of an order passed by the Registrar, under this Chapter, appeal against such order to the Industrial Tribunal:

Provided that the Industrial Tribunal may, for sufficient reason, admit any appeal made after the expiry of such period.

(2) The Industrial Tribunal may admit an appeal under sub-section (1) if on a perusal of the memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or otherwise erroneous.

(3) The Industrial Tribunal in appeal may confirm, modify or rescind any order passed by the Registrar and may pass such consequential orders as it may deem fit. A copy of the orders passed by the Industrial Tribunal shall be sent to the Registrar.

9-J. Publication of orders.-

Every order passed under section 9E or section 9F or section 9G and every order passed in appeal under section 9-I shall be published in the prescribed manner."

Section 9C - Setting up of Grievance Redressal Machinery

(1) 7*Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.

(2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.

(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.

(4) The total number of members of the Grievance Redressal Committee shall not exceed more than six:

Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.

(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act.

(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.

(7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.

(8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment concerned.]

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1. Substituted by Act 36 of 1956, section 5, for sections 9 (w.e.f. 10-3-1957).
 
2. Substituted by Act 46 of 1982, section 6, for certain words( w.e.f. 21-8-1984).

3. Vide Andhra Pradesh Act 32 of 1987, section 3 (w.e.f. 27-7-1987).

4. Vide West Bengal Act 57 of 1980.

5. On the enforcement of section 7 of Act 46 of 1982, Chapter IIB shall stand inserted as directed in section 7 of Act 46 of 1982. For the Text of section 7 see Appendix.

6. Vide Rajasthan Act 34 of 1958, section 5 (w.e.f. 1-7-1960) Rajasthan Act 14 of 1970, section 5 which amended sections 9D, 9E and 9G (w.r.e.f. 26-2-1970).

7. Substituted by the Industrial Disputes (Amendment) Act, 2010 (Act No. 24 of 2010) w.e.f. 15.09.2010 for the following : -
"(1) 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 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.]"

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Last updated on May, 2016

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