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The Industrial Dispute Act,1947

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Reference to National Tribunal (Sec.7-B)

Appointment & Constitution : The centralgovernment may, by notification in the officialGazette, constitute one or more National Industrial

Tribunals for the adjudication of industrial disputeswhich, in the opinion of the Central Government,involve questions of national importance or are ofsuch a nature that industrial establishments situated inmore than one state are likely to be interested in, oraffected by, such disputes. A National Tribunal shallconsist of one person only to be appointed by theCentral Government .

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Reference to National Tribunal (Sec.7-B)

Qualifications:A person shall not be qualified for

appointment as the presiding officer of a National

Tribunal unless he is, or has been, a judge of a High

Court.

The central government may, if it so thinks fit,

appoint 2 persons as assessors to advise the NationalTribunal in the proceeding before it.

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Reference to National Tribunal (Sec.7-B)

Disqualifications : No person shall be appointed to, orcontinue in, the office of the presiding officer of a

National Tribunal, if He is not an independent person; or

He has attained the age of 65 years. Reference of disputes : Sometimes the Central

Government may be of opinion that any industrial disputeexists or is apprehended and the dispute involves anyquestion of national importance or is of such a nature that

industrial establishments situated in more than one stateare likely to be interested in, or affected by, such disputeand the dispute should be adjudicated by a NationalTribunal.

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Jurisdiction of Labour court & Industrial Tribunal to

cease on a reference made to National Tribunal

Where any reference has been made under Sec. 10(1-A)toa National, then not withstanding anything contained inthe Act, no Labour Court or Tribunal shall have

jurisdiction to adjudicate upon any matter which is underadjudication before the National Tribunal.

If the matter under adjudication before the NationalTribunal is pending in a processing before Labour Courtor Industrial Tribunal, the proceeding before the Labour

Court or the Industrial Tribunal, as the case may e, in sofar as it relates to such matter, shall be deemed to have

been quashed n such reference to the National Tribunal.

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Prohibition of strike or lock-out

Where an industrial dispute has been referred to a

National Tribunal under Sec.10, the appropriate

Government may by order prohibit the continuance of

any strike or lock-out in connection with such dispute

which may be in existence on the date of thereference.

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Jurisdiction

Where in an order referring an industrial dispute to a

National Tribunal under Sec.10 or in a subsequent

order, the appropriate Government has specified the

points of dispute for adjudication, the National

Tribunal shall confine its adjudication to those points

and matters incidental there to.

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Inclusion of other parties

Where a dispute concerning any establishments orestablishments has been, or is to be, referred to aNational Tribunal under Sec.10, the appropriate

Government establishments of a similar nature islikely to be interested in, or affected by, such dispute.In such a case, the appropriate Government may, atthe time of making the reference, or at any time groupor class of establishments, whether or not at the timeof such inclusion any dispute exists or is apprehendedin that establishment, group or class ofestablishments.

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Powers

Power to enter premises : The presiding officer of a

National Tribunal may for the purpose of inquiry into

any existing or apprehended industrial dispute, after

giving reasonable notice, enter the premises occupiedby any establishment to which the dispute relates.

Power of Civil Court : A National Tribunal shall have

the same powers as are vested in a Civil Court under

the Code of Civil Procedure, 1908, when trying a suit,

in respect of the following matters, namely :

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Powers of Civil Court

Enforcing the attendance of any person and

examinining him on oath;

Compelling the production of documents & material

objects.

Issuing commissions for the examination of witnesses

In respect of such other matters as may by prescribed

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Power to appoint assessors

It 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.

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Power to award costs

Subject to any rules made under this act, the costs of,

and incidental to, any proceeding before a National

Tribunal shall be in the direction of the National

Tribunal. Further it 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. It

shall also have the power to give all necessary

directions for the purposes aforesaid.

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Procedure, Powers And Duties of Authorities

Procedure : Subject to any rules that may be made in

this behalf, an arbitrator a Board of Conciliation , a

Court of Inquiry, a Labour Court, or a National

Tribunal shall follow such procedure as the arbitrator

or other authority concerned may think fit.

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Powers of labour courts, Industrial Tribunals & National

Tribunals to give appropriate relief in case of discharge

or dismissal of workmen (Sec.11-A) Where an industrial dispute relating to the discharge

or dismissal of a workman has been referred to a

Labour court, Industrial Tribunal or National Tribunal

for adjudication and, in the course of adjudicationproceedings, the Labour Court, Industrial Tribunal or

National Tribunal, as the case may be, is satisfied that

the order of discharge or dismissal was not justified,

it may be, by its ward, set aside the order of dischargeor dismissal was not justified, it may, by its ward, set

aside the order of discharge or dismissal.

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NOTICE OF CHANGE IN CONDITIONS OF

SERVICE

The expressions conditions of service means the

terms of employment between the employer & the

employee governed by-

The contract between the employer and the employee

The statute law

The decisions of the courts

The standing orders

The customs and usages of trade

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VOLUNTARYREFERENCE OF DISPUTES

TO ARBITRATION

Reference: Where any industrial dispute exists or isapprehended & the employer & the workmen agree torefer the dispute to arbitration, they may by a written

agreement refer the dispute to arbitration. Umpire : Where an arbitration agreement provides for

a reference of the dispute to an even number ofarbitrators, the agreement shall provide forappointment of another person as umpire.

Form of agreement : An arbitration shall be in suchform and shall be signed by the parties thereto in suchmanner as may be prescribed.

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VOLUNTARYREFERENCE OF

DISPUTES TO ARBITRATION

Proceedings : Where an industrial dispute has been referred toarbitration and the appropriate government is satisfied that the

persons making the reference represent the majority of eachparty the appropriate government may , within 1 month from

the date of the receipt of a copy of the arbitration agreement,issue a notification in such manner as may be prescribed.

Award: The arbitrator or arbitrators shall investigate thedispute and submit to the appropriate a government thearbitration award signed by the arbitrator or all the arbitrators,

as the case may be. Prohibition of strike or lock-out : Where an industrial dispute

has been referred to arbitration, Gov prohibit the continuanceof any strike or lock-out.

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AWARD AND SETTLEMENT

Form of report or award : The award of a LabourCourt or Industrial Tribunal or National Tribunal shallbe in writing an shall be signed by its presiding

officer. Publication of reports and awards : Every report of a

Board of Conciliation or Court of Inquiry togetherwith any minute of dissent recorded therewith.

Commencement of award : Award to become enforceable on expiry of 30 days from its

publication.

Rejection or modification of award within 90 days.

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STRIKES AND LOCKOUTS

Prohibition of strikes and lock-outs :

Strike in a public utility service

Lock-out in a public utility service

Notice of lock-out or strike not necessary in certain cases

Intimation of notices of strike or lock-out to be given

within 5 days

Strike and lock-out in an industrial establishment.

Illegal strikes and lock-outs :

It is commenced or declared in contravention

It is continued in contravention of an order made .

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Definition of continuous service

A workman shall be said to be in continuous service

for a period if he is, for that period, in uninterrupted

service, including service which may be interruped on

account of- Sickness

Authorized leave

An accident

A strike which is not illegal

A lock-out or a cessation of work which is not due to any

fault on the part of the workmen.

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CALCULATION OF WORKING DAYS

In computing the number of days in which a workman hasactually worked in an industry, the employer shall includethe days on which the workmen has been-

Laid-off under an agreement or as permitted by standing ordersmade under the industrial employment act, 1946, or under thisact or under any other law applicable to the industrialestablishment.

On leave with full wages, earned in the previous year

Absent due to temporary disablement caused by accident arising

out of and in the course of his employment

On maternity leave in te case of a female, so however, that thetotal period of such maternity leave does not exceed 12 weeks.

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LAY-OFF

Right of workmen laid-off for compensation :

The workman must not be a badli workman or a casualworkman if he is to be entitled to compensation

His name must be borne on the muster rolls of theindustrial establishment

He must have completed not less than 1 year of continuousservice.

If the above conditions are fulfilled, the workman whether

laid-off continuously or intermittently shall be paidcompensation by the employer for all days during which heis laid-off except for such weekly holidays as mayintervene.

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LAY-OFF

Right of workmen laid-off for compensation

The rate of compensation shall be equal to 50 percent of the totalof basic wages and dearness allowance that would have been

payable to him had he not been laid-off.

If during any period of 12 months, a workman is so laid-off formore than 45 days during a period of 12 months, the employercan lawfully retrench him in accordance with the provisionscontained, at any time after the expiry of the first 45 days as lay-off.

Badli workman :A badli workman means a workman who isemployed in an industrial establishment in the place of anotherworkman whose name is borne on the muster rolls of theestablishment.

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RETRENCHMENT

Conditions precedent to retrenchment of workmen :

No workman employed in any industry who has been

in continuous service for not less than 1 year under an

employer shall be retrenched by that employer until-

The workman has been given 1 months notice in writing.

The workman has been paid, at the time of retrenchment,

compensation which is equivalent to 15 days average pay

for every completed year of continuous service or any partthere of in excess of 6 months.

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Procedure for retrenchment

Where any workman in an industrial establishment ,

who is a citizen of India, is to be retrenched and he

belongs to a particular category of workmen in that

establishment, in the absence of any agreementbetween the employer and the workman in this

behalf, the employer shall ordinarily retrench the

workman who was the last person to be employed in

that category, unless for reasons to be recorded, theemployer retrenches any other workman.

Principle oflast come, first go to retrenchment.