Indian Bare Acts

Search Alphabatically :

THE INDUSTRIAL DISPUTES ACT, 1947

Title : THE INDUSTRIAL DISPUTES ACT, 1947

Year : 1947


 
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 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 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 an assessor or assessors to advise it in the proceeding before it.]

9*[(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).]

10* [(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, 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 entitled, be recovered by that Government in the same manner as an arrear of land revenue.]

11*[(8) Every 12*[Labour Court, Tribunal or National Tribunal] shall be deemed to be Civil Court for the purposes of 13*[sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (2 of 1974)].

16* [(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908(5 of 1908).

(10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.]
 
STATE AMENDMENTS

14* Karnataka

In section 11, for sub-section (4) substitute the following sub-sections, namely:--

"(4) A Consolidation Officer may, if he considers that any document or the testimony of any person is relevant or necessary for the settlement or an industrial dispute or for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, call for and inspect such document or summon and examine such person. For the aforesaid purposes, the Conciliation Officer shall have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:-

(i) Summoning and enforcing the attendance of any person and examining him on oath;

(ii) Compelling the production of documents;

(iii) Issuing commission for examination of witnesses.

(4A) Whoever refuses or fails to attend or take part in a conciliation proceeding or fails or refuses to produce the documents in pursuance of an order issued under sub-section (4), shall, on conviction be punishable with imprisonment for a period which may extend to three months or with fine, which may extend to five hundred rupees or with both."

15* Tamil Nadu

In section 11, for sub-section (4), substitute the following sub-section, namely:-

"(4) A conciliation officer may, if he considers that any document or the testimony of any person is relevant or necessary for the settlement of an industrial dispute or for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, call for and inspect such document or summon and examine such person. For the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--

(i) Summoning and enforcing the attendance of any person and examining him on oath;

(ii) Compelling the production of documents;

(iii) Issuing commissions for examination of witnesses."

11A - 17*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 re-instatement 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.]

STATE AMENDMENTS

18*[Andhra Pradesh.-After section 11A, insert the following section, namely:-

"11B. Power of Labour Court or Tribunal to execute its award by decree.-

A Labour Court or a Tribunal shall have the power of a Civil Court to execute its award or any settlement as a decree of a Civil Court."

19*[20*[Madhya Pradesh.-Sections 11B, 11C and 11D, as inserted by Madhya Pradesh Act 43 of 1981, section 3 (iii) have been omitted.]

21*[West Bengal.-

After section 11A, insert the following section, namely:-

"11B. Power of a Labour Court or Tribunal to execute its award by decree, etc.-

A Labour Court or a Tribunal shall have the power of a Civil Court to execute its own award as a decree of a Civil Court and also to execute any settlement as defined in clause (p) of section 2 as a decree.]

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

1. Substituted by Act 36 of 1956, section 9, for sub-section (1) (w.e.f. 10-3-1957).

2. Substituted by Act 36 of 1956, section 9, for "Court or Tribunal" (w.e.f. 10-3-1957).

3. Substituted by Act 36 of 1956, section 9, for "and Tribunal" (w.e.f. 10-3-1957).

4. Substituted by Act 36 of 1956, section 9, for "or Tribunal" (w.e.f. 10-3-1957).

5. Substituted by Act 46 of 1982, section 9, for "may call for" (w.e.f. 21-8-1984).

6. Inserted by Act 36 of 1956, section 9 (w.e.f. 17-9-1956).

7. Substituted by Act 46 of 1982, section 9, for "in respect of compelling the production of documents" (w.e.f. 21-8-1984).

8. Substituted by Act 36 of 1956, section 9, for sub-section (5) (w.e.f. 10-3-1957).

9. Substituted by Act 36 of 1956, section 9, for sub-section (6) (w.e.f. 10-3-1957).

10. Subs-section (7) Inserted by Act 48 of 1950, section 34 and Schedule and Substituted by Act 36 of 1956, section 9 (w.e.f. 10-3-1957).

11. Inserted by Act 48 of 1950, section 34 and Schedule

12. Substituted by Act 36 of 1956, section 9, for "Tribunal" (w.e.f. 10-3-1957).

13. Substituted by Act 46 of 1982, section 9, for certain words (w.e.f. 21-8-1984).

14. Vide Karnataka Act 5 of 1988, section 4 (w.e.f. 7-4-1988).

15. Vide Tamil Nadu Act 5 of 1988, section 3 (w.e.f. 1-11-1988).

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

17. Inserted by Act 45 of 1971, section 3 (w.e.f. 15-12-1971).

18. Vide Andhra Pradesh Act 32 of 1987, section 5 (w.e.f. 27-7-1987).

19. Vide Madhya Pradesh Act 43 of 1981, section 3 (iii).

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

21. Vide West Bengal Act 57 of 1980.

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


(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 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 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 therefore.

(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. ]

STATE AMENDMENT

5*[West Bengal.--In section 12, in sub-section (6),-

(i) For the words "within fourteen days", substitute the words "after completion of the conciliation proceedings within sixty days", and

(ii) In the proviso, after the words "such period", insert the words "not exceeding six months.]

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

1. Inserted by Act 35 of 1965, section 4 (w.e.f. 1-12-1965).

2. Substituted by Act 36 of 1956, section 10, for "or Tribunal" (w.e.f. 10-3-1957).

3. Inserted by Act 36 of 1956, section 10 (w.e.f. 17-9-1956).

4. Inserted by Act 36 of 1964, section 8 (w.e.f. 19-12-1964).

5. Vide West Bengal Act 57 of 1980.
 
----------------------------------------------------------------------------------------------------------------------------------------------------------------



(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 for 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 a1*[ Labour Court, Tribunal or National Tribunal ] under section 10, it shall record and communicate to the parties concerned its reasons therefore.

(5) The Board shall submit its report under this section within two months of the date2*[ 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.Substituted by Act 36 of 1956, section 11, for "Tribunal" (w.e.f. 10-3-1957).

2.Substituted by Act 40 of 1951, section 6, for "of the notice under section 22".

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



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.



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 (2A) of section
10 ], submit its award to the appropriate Government.]

STATE AMENDMENT

3*West Bengal

For section 15, substitute the following section, namely:-

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

(1) Where an industrial dispute has been referred to a National Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, 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.

(2) Where an industrial dispute has been referred to a Labour Court or Tribunal under sub-section (1) of section 10, it shall,-

(a) After the filing of statements and taking of evidence, give day-to-day hearing and pronounce its award, other determination or decision in the manner specified in section 17AA, and

(b) After hearing the parties to the dispute, determine, within a period of sixty days from the date of the order referring such industrial dispute or within such shorter period as may be specified in such order, the quantum of interim relief admissible, if any:

Provided that the quantum of interim relief shall, in the case of discharge, dismissal or retrenchment of a workman from service or termination of service of workman, be equivalent to the subsistence allowance admissible under the West Bengal Payment of Subsistence Allowance Act, 1969 (West Bengal Act 38 of 1969)."

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

1.Substituted by Act 36 of 1956, section 12, for sections 15 (w.e.f. 10-3-1957).

2.Substituted by Act 46 of 1982, section 10, for certain words (w.e.f. 21-8-1984).

3.Vide West Bengal Act 33 of 1986.

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



(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.]

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

1.Substituted by Act 36 of 1956, Section 12, for Section 16 (w.e.f. 10-3-1957).

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



(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.

(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 -2* 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 date when the award becomes enforceable under sub-section (1) or sub-section (3), as the case may be.
 
STATE AMENDMENT

SECTION 17AA

3*[West Bengal.-

After section 17A, insert the following section, namely:-

"17AA. Pronouncement and commencement of award, etc.-

Notwithstanding anything contained in sections 17 and 17A,-

(1) Every award, other determination or decision by an arbitrator or a Labour Court or a Tribunal shall be pronounced on a date notified for the purpose and shall be dated and signed by the person or persons pronouncing the award, determination or decision and such award, determination or decision once signed and dated shall not be altered save in the manner provided in this Act;

(2) The award, determination or decision of an arbitrator shall be pronounced in his office and the award, determination of decision of a Labour Court or a Tribunal shall be pronounced in open Court;

(3) A copy of every award, other determination or decision referred to in clause (1) certified in such manner as may be prescribed, shall be given by the arbitrator, Labour Court or Tribunal, as the case may be, to each of the parties to the dispute free of cost and a copy of the award, determination of decision as so certified shall be sent by the arbitrator, Labour Court or Tribunal, as the case may be, to the appropriate Government;

(4) Every award, other determination or decision referred to in clause (1) shall become enforceable on the expiry of thirty days from the date of pronouncement:

Provided that if the appropriate Government is of opinion, in any case where the award, other determination or decision has been given by an arbitrator or a Labour Court or a Tribunal, in relation to an industrial dispute in which it is a party, 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, other determination or decision, the appropriate Government may, by notification, declare that such award, determination or decision shall not become enforceable on the expiry of the said period of thirty days;

(5) Where any declaration has been made in relation to an award, other determination or decision under the proviso to clause (4), the appropriate Government may, within ninety days from the date of such award, determination or decision, by notification, make an order rejecting or modifying such award, determination or decision, and shall, on the first available opportunity, lay the same and a copy of such order (where any such order has been made) before the Legislature of the State;

(6) Where any award, other determination or decision is rejected by the appropriate Government under clause (5) is shall not be enforceable;

(7) Where any award, other determination or decision is modified by an order made under clause (5) such award, determination or decision as so modified shall become enforceable on the expiry of fifteen days from the date on which the order making the modification is published in the Official Gazette.

(8) Where a declaration under the proviso to clause (4) has been made but no order is made under clause (5), the award, determination or decision shall become enforceable on the expiry of the period of ninety days referred to in clause (5);

(9) Subject to the provisions of clauses (6), (7) and (8) regarding the enforceability of an award, other determination or decision, the same shall come into operation with effect from such date as may be specified therein, and where no date is so specified it shall come into operation on the date when the same becomes enforceable under clause (4), clause (7) or clause (8), as the case may be;

(10) the award, other determination or decision pronounced under clause (1) shall, subject to the provisions of this section, be final and shall not be called in question by any Court in any manner whatsoever.]

17B -4*  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.]

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

1. Substituted by Act 36 of 1956, Section 12, for Section 17 (w.e.f. 10-3-1957).

2. Section 17A Inserted by Act 48 of 1950, Section 34 and Schedule and Substituted by Act 36 of 1956, Section 12 (w.e.f. 10-3-1957).

3. Vide West Bengal Acts 57 of 1980 and 34 of 1983.

4. Inserted by Act 46 of 1982, section 11 (w.e.f. 21-8-1984).

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



1*[ (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)2*[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. ]

3*[(3)] A settlement arrived at in the course of conciliation proceedings under this Act 4*[ or an arbitration award in a case where a notification has been issued under subsection (3A) of section 10A ] or 5*[ an award 6*[ 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,4*[ arbitrator ]7*[ 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.

STATE AMENDMENT

8*Maharashtra

(a) In section 18, 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 such agreement (not being an agreement in respect of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee) shall be arrived at between the employer, and the recognised union only; and such agreement shall be binding on all persons referred to in clause (c) and clause (d) of sub-section (3) of this section."

(b) In sub-section (3), after the word, figure and letter "section 10A", insert the words "or an arbitration award in a case where there is a recognised union for any undertaking under any law for the time being in force".

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

1.Inserted by Act 36 of 1956, section 13 (w.e.f. 7-10-1956).

2.Substituted by Act 36 of 1964, section 9, for "An arbitration award" (w.e.f. 19-12-1964).

3.Section 18 re-numbered as sub-section (3) thereof by Act 36 of 1956, section 13 (w.e.f. 7-10-1956).

4.Inserted by Act 36 of 1964, section 9 (w.e.f. 19-12-1964).

5.Substituted by Act 48 of 1950, section 34 and Schedule, for "an award which is declared by the appropriate Government to be binding under sub-section (2) of section 15".

6.Inserted by Act 36 of 1956, section 13 (w.e.f. 10-3-1957).

7.Substituted by act 36 of 1956, section 13, for "for or Tribunal" (w.e.f. 10-3-1957).

8.Vide Maharashtra Act 1 of 1972, section 20, Schedule I, item 4 (w.e.f. 8-9-1975).

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



 
(1) A settlement1[*** ] 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.

(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.

8*[(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.]

STATE AMENDMENT

9*[Maharashtra.-

In section 19,-

(a) After sub-section (2), insert the following sub section, namely:--
"(2A) Notwithstanding anything contained in this section, where a Union has been recognized under any law for the time being in force, or where any other union is recognized in its place under such law, then notwithstanding anything contained in sub-section (2), it shall be lawful to any such recognized union to terminate the statement after giving two month's notice with employer in that behalf."

(b) In sub-section (7), at the end, insert the following words, namely:-

"and where there is a recognized union for any undertaking under any law for the time being in force, by such recognized union."

10*[West Bengal.-

In section 19, in sub-section (3), after the words "section 17A", insert the words "or section 17B".]

11*[In section 19, in sub-section (3), for the words "or section 17B", substitute the words "or section 17AA".]

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

1. The words "arrived at in the course of a conciliation proceedings under this Act" omitted by Act 36 of 1956, section 14, (w.e.f. 7-10-1956).

2. Inserted by Act 36 of 1956, section 14 (w.e.f. 7-10-1956).

3. Substituted by Act 48 of 1950, section 34 and Schedule, for sub-section (3).

4. Inserted by Act 36 of 1956, Section 14 (w.e.f. 7-10-1956).

5. Substituted by Act 36 of 1956, section 14, for "to a Tribunal" (w.e.f. 10-3-1957).

6. Substituted by Act 36 of 1956, section 14, for "the Tribunal" (w.e.f. 10-3-1957).

7. The words "subject to the provision for appeal" omitted by Act 36 of 1956, section 14 (w.e.f. 10-3-1957).

8. Inserted by Act 36 of 1964, section 10 (w.e.f. 19-12-1964). The former sub-section (7) was omitted by Act 36 of 1956, section 14 (w.e.f. 17-9-1956).

9. Vide Maharashtra Act 1 of 1972, section 20 and Schedule I, item 5 (w.e.f. 8-9-1975).

10. Vide West Bengal Act 57 of 1980.]

11. Vide West Bengal Act 34 of 1983.]
 
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 


 
(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, 1*[ Labour Court, Tribunal or National Tribunal ] under section 10 during the pendency of conciliation proceedings.

(3) Proceedings 2*[ 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 3*[ reference of the dispute for arbitration or adjudication, as the case may be ] and such proceedings shall be deemed to have concluded 4*[ on the date on which the award becomes enforceable under section 17A ].

STATE AMENDMENT

5*[West Bengal.-

In section 20, for sub-section (1), substitute the following sub-section,

"(1) A conciliation proceeding shall be deemed to have commenced-

(a) In the case of an industry declared as "public utility service", on the date on which a notice of strike or lock-out under section 22 is received by the conciliation officer,

(b) In the case of any other industry, on the date the conciliation officer issues notice asking the parties concerned to attend a joint conference before him, and

(c) In the case where an industrial dispute is referred to a Board, on the date of the order referring the dispute to a Board.]
 
----------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 36 of 1956, section 15, for "or Tribunal" (w.e.f. 10-3-1957).

2. Substituted by Act 36 of 1956, section 15, for "before a Tribunal" (w.e.f. 10-3-1957).

3. Substituted by Act 36 of 1956, section 15, for "reference of a dispute for adjudication" (w.e.f. 10-3-1957).

4. Substituted by Act 18 of 1952, section 4, for certain words.

5. Vide West Bengal Act 57 of 1980.
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------



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, Court1*[ 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).

-------------------------------------------------------------------------------------------------------------------------------------------------------------
 
1.Substituted by Act 36 of 1956, section 16, for "or Tribunal" (w.e.f. 10-3-1957).

2.Substituted by Act 36 of 1956, section 16, for "court or Tribunal" (w.e.f. 10-3-1957).

----------------------------------------------------------------------------------------------------------------------------------------------------------
Last updated on May, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female