INDUSTRIAL DISPUTE ACT, 1947

Procedure for Settlement

WORKS COMMITTEE
Where : establishments with 100 or more workers [Sec.3(1) &(2)] Members : Equal number of representatives of the Employer and Employees [Sec.3(1) & Rule 40] Objective : Promotion of good relationship between employer and employee(s)

CONCILIATION OFFICERS
Appointed by appropriate Government Nature : 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. Duties : When a strike/lockout notice is issued in a public utility service, he is bound to convene immediate conciliation meeting. [Sec.12(1) and Rule 9(1)]

CONCILIATION OFFICERS
If he succeeds in bringing out an understanding he gets the parties to sign a settlement in Form H (Rule 58(1)] and make necessary entries in the register in Form O and sent a copy to the Govt. [Sec.12(3) and Rules 58(1)(3) & 75] If he fails to brings about a settlement, he has to bring the fact to the attention of the Govt. [Sec.12(4)]

CONCILIATION OFFICERS
Powers: Enter and inspect [Sec 11(1)] Summon any person as witness or compel the production of document [Sec.11(4) and Rule 17] Grant/refuse to petition filed by employer on disciplinary matters during pendency of conciliation before him.

BOARDS OF CONCILIATION
Appointed by the appropriate Govt. as occasion arises for settlement of disputes. Board shall consist of an independent chairman and two or four members in equal numbers to represent the parties to the dispute. The board can't work in the absence of the Chairmen or any member.

COURTS OF INQUIRY
Appointed by the appropriate Govt. as occasion arises for settlement of disputes. A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit. Where a Court consists of two or more members, one of them shall be appointed as the chairman.

LABOUR COURT
Constituted by the appropriate government 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. Consist of one person only with the required qualification to be appointed by the appropriate government.

INDUSTRIAL TRIBUNALS
Constituted by the appropriate government for the adjudication of industrial disputes relating to any matter specified in the Second Schedule or third schedule and for performing such other functions as may be assigned to them under this Act. Consist of one person with the required qualification to be appointed by the appropriate government. If required, Govt. may appoint 2 persons as assessors to advice in Tribunal.

NATIONAL TRIBUNALS
Constitute by the Central Govt. for the adjudication of industrial disputes which 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. Consist of one person with the required qualification to be appointed by the appropriate government. If required, Govt. may appoint 2 persons as assessors to advice in Tribunal.

THE SECOND SCHEDULE : Matters with in the Jurisdiction of labour Courts (Section 7) The propriety or legality of an order passed by an employer under the standing orders The application and interpretation of standing orders Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed Withdrawal of any customary concession or privilege Illegality or otherwise of a strike or lock-out; and All matters other than those specified in the Third Schedule.

THE THIRD SCHEDULE : Matters with in The Jurisdiction of Industrial Tribunals (Section 7A) Wages, including the period and mode of payment Compensatory and other allowances Hours of work and rest intervals Leave with wages and holidays Bonus, profit sharing, provident fund and gratuity Shift working otherwise than in accordance with standing orders Classification by grades Rules of discipline Rationalization Retrenchment of workmen and closure of establishment