Professional Documents
Culture Documents
RV College of Engineering , Bengaluru – 59
(Autonomous Institution affiliated to VTU, Belagavi)
Department of Industrial Engineering and Management
Introduction
Productivity in any organisation is the outcome of the joint efforts of two distinct elements
namely technological and human resources. The factor of production other than labour can be
manipulated easily. However, the human aspect in the organisation is the most difficult to
manipulate or manage in a proper perspective. The human elements are the causes and the
result of the interaction, social issues, duties, responsibilities, and other activities. The high
rate of industrial growth, increased pace of technological development and complex nature of
the jobs made the workforce of an organization the source of completive success. Hence,
managing men has become a vital part of the present-day of management. Any negligence of
the human element leads to misunderstanding between the management and workers. The
results of which can be seen in the form of increased labour turnover, absenteeism,
indiscipline, the decline in the quality of work done, increased cost production, and various
problems in the market. Therefore, in this context, the concept of industrial relations receives
widespread attention all over the world.
The following are the thrust areas of the Government concerning labour laws:
Labour policy and legislation;
Safety, health and welfare of labour;
Social security of labour;
Policy relating to special target groups such as women and child labour;
Industrial relations and enforcement of labour laws in the central sphere;
Adjudication of industrial disputes through Central Government Industrial Tribunals-
cum-Labour Courts and National Industrial Tribunals;
Workers‘ education;
Labour and employment statistics;
Emigration of labour for employment abroad;
Employment services and vocational training;
Administration of central labour and employment services; and
International cooperation in labour and employment matters.
The various labour legislation enacted by the Central Government can be classified into the
following different broad categories:
Laws relating to Industrial Relations
1. Industrial Disputes Act, 1947
2. Trade Unions Act, 1926
Laws relating to Wages
1. Minimum Wages Act, 1948
2. Payment of Wages Act, 1936
3. Payment of Bonus Act, 1965
Laws relating to Social Security
1. Employees‘ Provident Funds and Miscellaneous Provisions Act, 1952
2. Employees‘ State Insurance Act, 1948
3. Labour Welfare Fund Act (of respective States)
4. Payment of Gratuity Act, 1972 5.
5. Employee‘s Compensation Act, 1923
1. Very low wages is the main problem for unorganized workers: – Minimum wage act
in most of the time applies for labours working under the purview of organized sectors or
formal sectors
2. Maximum workers do not have any perfect living areas near to their work place:
Maximum workers working in organized sectors avail house rent allowance, in addition
to that they get house from housing board and also get bank loan from various statutory
banks for making their own particular house yet, unfortunately the workers from
unorganized sectors are deprived form all these facilities, subsequently they have a
propensity to make cluster inside the restricted space in their living region where they do
not have appropriate washing facilities, because of that they regularly deal with the
unbalanced circumstance particularly women workers. They likewise battle with various
unhygienic conditions sewer seepage frameworks, overflowing drainage systems flooding
amid storm.
3. They do not have any knowledge about work hazardous and occupational safety:
Introduction of different hazardous machinery, high rise in construction, unguarded
machinery, various toxic chemical, coal dust, lime dust, blazes crude materials for
synthetic generation leads quantities of tragic deaths of many unorganized labors because
the working condition is more severe as compared to that organized sectors furthermore
the knowledge of occupational health and safety is negligible of the workers of
unorganized sectors.
4. Overtime, paid holiday or sick leave are not provided to them: In spite of the fact that
the overtime, paid holiday and sick leave go under the domain of labour laws still may
casual laborers are denied from that rights however the use of those laws are normal in
formal segments.
5. They do not have idea on Trade Union/ labour union: Maximum numbers of informal
workers do not have any knowledge about the existence and rules of labour union. Many
workers of unorganized sectors, like union of agricultural workers, brick workers, hosiery
workers, construction rakes, fish and forest workers, domestic workers, biri rollers,sex
workers, liquor shop employees have joined Shramajivi Swikriti Manch and Asanghathit
Kshetra Shramik Sangrami Manch a with unorganised sector assembled them under in
one platform.
6. High level job insecurity is a common phenomenon unorganized sector: Social
Security can be defined as ―the provision of benefits to households and individuals
through public or collective arrangements to protect against low or declining standard of
living arising from a number of basic risks and needs.
7. Women and child workers are vulnerable and draw very low wages: It has observed
that women and child labour are most vulnerable amongst the unorganized labour. A
developing wonder is utilizing children and women as household laborers as a part of
urban territories. The conditions in which children and women work is totally unregulated
and they are regularly made to work without nourishment, and low wages, looking like
circumstances of subjection. They are being paid wages low as compare to adult male
labour despite their commitment of same working hours There are instances of physical,
sexual and psychological mistreatment of women and child household laborers
8. Maximum workers are leaving in a very deplorable condition: So far as living
condition is concerned; they leave in cluster in a very unhygienic condition. They
normally stay by making hut in a row. 9. Lack of quality employment due to fraudulent
acting of contractor: Many unorganized sectors are not registered with the government
and the employment term of workers is not regular. No act like Bonus act, Pension act,
Provident fund act, Maternity act, Factories act are followed in unorganized sectors.
Unorganized segment is not managed by the legal system and subsequently taxes are not
collected. The working hours of workers are not settled. In addition, now and again they
need to chip away at Sundays and occasions. They get day by day compensation for their
work, which is nearly not exactly the compensation recommended by the Government.
9. Loss of employment due to silly reason is a natural incident: There are innumerable
illustrations of losing employment in unorganized sectors because of immaterial reason.
There are numerous lawful commitments have been outlined to stop the embarrassment in
the occupation although the majority of those lawful conventions are connected only in
organized sectors.
10. Numbers of harassment issues at work place for working Women: Issues of
harassment are very frequent of workers working in unorganized sectors. For illustration,
five female salespersons at Kalyan Sarees in Thrissur had gone on strike in December
2013, demanding better working conditions. Management used to cut their salaries with
very silly reason. Women workers are not allowed to sit and even not allowed to go to
toilet for more than ten hours. A safe workplace is a woman's legal right but
unfortunately, still many working women in the unorganized sectors experience a wide
range of physical and psychological ailments due to eve teasing and sexual harassment.
11. Susceptible to diseases: Health problem is a very common happening of workers
working in unorganized sectors. Occupational diseases like pneumoconiosis, tuberculosis,
and asthmatic are out of control in informal sectors. In addition to that, problem in
digestive system, circulatory system, urinary tract, blood pressure and affect on various
sensory organs (like loss of eye sight, hearing etc.) are also very common happenings.
They do not get proper facilities for treatment except the health center of Employees‘
State Insurance Scheme.
12. Bonded labor (Dadan): Bonded labour is an obligatory bond between an employer and
an employee. This type of relationship had begun since king‘s dynasty in India. There
was a myth of slave traders in the history of world also but it had no proper reason except
the muscle power. But in bonded labour, the force is derived from outstanding debt.
Occasionally, few labours do not get job in unorganized sector so alternately they prefer
to incline toward the security of any work once someone offers in bonded labour form.
Though the bonded labour system is unlawful still it is making functional by force by few
people. Sometime, it is also made live with help of different customs.
However, soon, the government realized that all these policies had one major loophole, which
was the dependence on often costlier foreign capital. This made it very difficult for India to
service the external borrowings. Moreover, external events, like the Gulf War, etc., added to
the situation.
To rectify the situation, a New Economic Policy was adopted as a part of Economic reforms
in India.
The Government took measures to change the very nature of Industrial Policies, which led to
the formulation of the New Industrial Policy, 1991.
Factory Act,1948
There has been rise of large scale factory/ industry in India in the later half of nineteenth
century. Major Moore, Inspector-in- Chief of the Bombay Cotton Department, in his Report
in 1872-73 first of all raised the question for the provision of legislation to regulate the
working condition in factories; the first Factories act was enacted in 1881.
Since then the act has been amended on many occasions. The Factories Act 1934 was passed
replacing all the previous legislation in regard to factories. This act was drafted in the light of
the recommendations of the Royal Commission on Labour. This Act has also been amended
suitably from time to time.
The experience of working of the Factories Act, 1934 had revealed a number of defects and
weakness which have hampered effective administration of the Act, and the need for
wholesale revision of the act to extend its protective provisions to the large number of smaller
industrial establishments was felt.
Therefore, the Factories Act, 1948 consolidating and amending the law relating to labour in
factories, was passed by the Constituent Assembly on August 28, 1948. The Act received the
assent of Governor General of India on 23 September 1948 and came into force on April 1,
1949.
1. Working Hours:
According to the provision of working hours of adults, no adult worker shall be required or
allowed to work in a factory for more than 48 hours in a week. There should be a weekly
holiday.
2. Health:
For protecting the health of workers, the Act lays down that every factory shall be kept clean
and all necessary precautions shall be taken in this regard. The factories should have proper
drainage system, adequate lighting, ventilation, temperature etc.
Adequate arrangements for drinking water should be made. Sufficient latrine and urinals
should be provided at convenient places. These should be easily accessible to workers and
must be kept cleaned.
3. Safety:
In order to provide safety to the workers, the Act provides that the machinery should be
fenced, no young person shall work at any dangerous machine, in confined spaces, there
should be provision for manholes of adequate size so that in case of emergency the workers
can escape.
4. Welfare:
For the welfare of the workers, the Act provides that in every factory adequate and suitable
facilities for washing should be provided and maintained for the use of workers.
Facilities for storing and drying clothing, facilities for sitting, first-aid appliances, shelters,
rest rooms‘ and lunch rooms, crèches, should be there.
5. Penalties:-
The provisions of The Factories Act, 1948, or any rules made under the Act, or any order
given in writing under the Act is violated, it is treated as an offence. The following penalties
can be imposed:-
(a) Imprisonment for a term which may extend to one year;
(b) Fine which may extend to one lakh rupees; or
(c) Both fine and imprisonment.
Definitions
1.Who is an Occupier?
According to section 2(n) "occupier" of a factory means the person, who has ultimate control
over the affairs of the factory,
Provided that-
1. in the case of a firm or other association of individuals, any one of the individual
partners or members thereof shall be deemed to be the occupier;
2. in the case of a company, any one of the directors, shall be deemed to be the occupier:
3. in the case of a factory owned or controlled by the Central Government or any State
Government, or any local authority, the person or persons appointed to manage the
affairs of the factory by the Central Government, the State Government or the local
authority, as the case may be, shall be deemed to be the occupier:
Provided further that in the case of a ship which is being repaired, or on which maintenance
work is being carried out, in a dry dock which is available for hire,
1) the owner of the dock shall be deemed to be the occupier for the purposes of any matter
provided for by or under-
(a) section 6, section 7, section 7A, section 7B, section 11 or section 12;
(b) section 17, in so far as it relates to the providing and maintenance of sufficient and
suitable lighting in or around the dock;
(c) section 18, section 19, section 42, section 46, section 47 or section 49, in relation to
the workers employed on such repair or maintenance;
2) the owner of the ship or his agent or master or other officer-in-charge of the ship or any
person who contracts with such owner, agent or master or other officer-in-charge to carry
out the repair or maintenance work shall be deemed to be the occupier for the purposes of
any matter provided for by or under section 13, section 14, section 16 or section 17 (save
as otherwise provided in this proviso) or Chapter IV (except section 27) or section 43,
section 44 or section 45, Chapter VI, Chapter VII, Chapter VIII or Chapter IX or section
108, section 109 or section 110, in relation to-
(a) the workers employed directly by him or by or through any agency; and
(b) the machinery, plant or premises in use for the purpose of carrying out such repair or
maintenance work by such owner, agent, master or other officer-in-charge or person.
ION Exchange India Ltd. V.Deputy Chief Inspector of factories, Salem (1996).It was held
that owner can nominate any person tobe in ultimate control over the affairs of a factory. If
no one else has been nominated to be in ultimate control over the affairs of the company,
Director of a company or any partner of partnership is deemed to be the occupier.
2. What is a factory?
According to section 2(m) "factory" means any premises including the precincts thereof-
(i) whereon ten or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on with
the aid of power, or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is being
carried on without the aid of power, or is ordinarily so carried on, - but does not include a
mine subject to the operation of the Mines Act, 1952 (XXXV of 1952) or a mobile unit
belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant
or eating place;
Explanation I--- For computing the number of workers for the purposes of this clause all
the workers in different groups and relays in a day shall be taken into account;
Explanation II.---For the purposes of this clause, the mere fact that an Electronic Data
Processing Unit or a Computer Unit is installed in any premises or part thereof, shall not
be construed to make it a factory if no manufacturing process is being carried on in such
premises or part thereof;
3. Who is a Worker?
According to section 2(l) ‖worker" means a person employed directly or by or through any
agency (including a contractor) with or without the knowledge of the principal employer
whether for remuneration or not in any manufacturing process, or in cleaning any part of the
machinery or premises used for a manufacturing process, or in any other kind of work
incidental to, or connected with the manufacturing process, or the subject of the
manufacturing process but does not include any member of the armed forces of the Union;
Duties of Occupier
The Duties of Occupier have been clearly mentioned in the following sections of Factories
Act, 1948:-
In State of Maharashtra v. Sampat Lal Mensukh Bothra (1992),it was held that the
obligation to maintain registers is imposed on the manager and
Provided that where contravention of any of the provisions of Chapter IV or any rule made
there under or under section 87 has resulted in an accident causing death or serious bodily
injury, the fine shall not be less than twenty-five thousand rupees in the case of an accident
causing death, and five thousand rupees in the case of an accident causing serious bodily
injury.
Explanation. - in this section and in section 94 "serious bodily injury" means an injury which
involves, or in all probability will involve, the permanent loss of the use of, or permanent
injury to, any limb or the permanent loss of, or injury to sight or hearing, or the fracture of
any bone, but shall not include, the fracture of bone or joint (not being fracture of more than
one bone or joint) of and phalanges of the hand or foot.
General Manager, Wheel & A. P, Bangalore v. State of Karnataka (1996) .It was held in
this case that the requirement of obtaining sanction to prosecute is mandatory and taking
cognizance of an offence in the absence of sanction cannot be allowed to stand and has to be
quashed.
Provincial Government v. Ganpat, AIR 1943 Nag 243.It was held in this case where the
occupier or the manager of the factory admits the guilt under Section 92 of the Act, but
alleges the clerk of the Factory to be the actual offender, the onus of establishing the
innocence is on such occupier or the manager as the case maybe.
Provided that the Court may, for any adequate and special reasons to be mentioned in the
judgment, impose a fine of less than ten thousand rupees:
Provided further that where contravention of any of the provisions of Chapter IV or any
rule made there under or under section 87 has resulted in an accident causing death or
serious bodily injury, the fine shall not be less than thirty-five thousand rupees in the case
of an accident causing death and ten thousand rupees in the case of an accident causing
serious bodily injury.
2. For the purpose of sub-section (1), no cognizance shall be taken of any conviction made
more than two years before the commission of the offence for which the person is
subsequently being convicted.
Section 96A. Penalty for contravention of the provisions of sections 41B, 41C and 41H.-
(1) Whoever fails to comply with or contravenes any of the provisions of sections 41B, 41C
or 41H or the rules made there under, shall, in respect of such failure or contravention, be
punishable with imprisonment for a term which may extend to seven years and with fine
which may extend to two lakh rupees, and in case the failure or contravention continues,
with additional fine which may extend to five thousand rupees for every day during which
such failure or contravention continues, after the conviction for the first such failure or
contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of
one year after the date of conviction, the offender shall be punishable with imprisonment
for a term which may extend to ten years.
Provided that in seeking to prove as aforesaid, the occupier or manager of the factory, as the
case may be, may be examined on oath, and his evidence and that of any witness whom he
calls in his support, shall be subject to cross-examination on behalf of the person he charges
as the actual offender and by the prosecutor:
Provided further that, if the person charged as the actual offender by the occupier or manager,
cannot be brought before the court at the time appointed for hearing the charge, the court
shall adjourn the hearing from time to time for a period not exceeding three months and if by
the end of the said period the person charged as the actual offender cannot still be brought
before the court, the court shall proceed to hear the charge against the occupier or manager
and shall, if the offence be proved, convict the occupier or manager.
irrespective of the number of the workers employed therein and irrespective of the
number of the workers employed on therein and irrespective of the fact that
manufacturing work is carried by power or otherwise. The only exception is an
establishment where the work is done solely by the members of a family.
Chapter III of the Act of 1934 was split into three parts, dealing with health, safety and
welfare of workers. The Act specifies very clearly the minimum requirements under three
heads stated above.
The basic provisions of the old Act relating to Health, safety, and welfare are extended to
all work places irrespective of the number of workers employed, except premises where
processes are carried on by the occupier with the sole aid of his family.
The minimum age for the admission of children to employment has been raised from 12
to 14 years and the minimum permissible daily hours of work of children were reduced
from five to four and a half hour.
Provisions are made for the licensing and registration of factories and the prior scrutiny
by the Factories Inspectorate of the Plans and specifications of factory buildings.
Employment of Children and women between 7 p.m. and 6 a.m. is prohibited. For
overtime work the workers are entitled to twice their normal rate of wages.
The State Government are empowered to make rules requiring the association of the
workers in the management of arrangements for the welfare of the workers.
State Government is obliged to see that all the factories are registered and take a licensing
for working, which should be periodically renewed. Prior approval of the State
Government has been made necessary for every New The installation of a Factory or for
the extension of an existing factory. Besides mines, the new Act also excludes railway
running sheds from the definition of Factories.
The Factories (Amendment) Bill, 2016 was introduced in Lok Sabha on August 10, 2016 by
the Minister for Labour and Employment, Mr. Bandaru Dattatreya. The Bill amends the
Factories Act, 1948. The Act regulates the safety, health and welfare of factory workers. The
Bill amends provisions related to overtime hours of work.
Key Amendments
(Section 2) Power to make rules on various matters: The Act permits the state government to
prescribe rules on a range of matters, including double employment, details of adult workers
to be included in the factory‘s register, conditions related to exemptions to certain workers,
etc. The Bill gives such rule making powers to the central government as well.
Powers to make rules for exemptions to workers: Under the Act, the state government may
make rules to (i) define persons who hold management or confidential positions; and (ii)
exempt certain types of adult workers (e.g. those engaged for urgent repairs) from fixed
working hours, periods of rest, etc. The Bill gives such rule making powers to both, the
central and state governments.
Under the Act, such rules will not apply for more than five years. The Bill modifies this
provision to state that the five-year limitation will not apply to rules made after the enactment
of this Bill.
(Section 64) Overtime hours of work in a quarter: The Act permits the state government to
make rules related to the regulation of overtime hours of work. However, the total number of
hours of overtime must not exceed 50 hours for a quarter. The Bill raises this limit to 100
hours. Rules in this regard may be prescribed by the central government as well.
(Section 65) Overtime hours if factory has higher workload: The Act enables the state
government to permit adult workers in a factory to work overtime hours if the factory has an
exceptional work load. Further the total number of hours of overtime work in a quarter must
not exceed 75. The Bill permits the central or state government to raise this limit to 115
Overtime in public interest: The Bill introduces a provision which permits the central or state
government to extend the 115-hour limit to 125 hours. It may do so because of (i) excessive
work load in the factory and (ii) public interest
The need for such legislation was observed first time by the Supreme Court, in Vishaka v
State of Rajasthan2. In the absence of any law at that time providing measures to check the
evil of sexual harassment of working women, the Supreme Court, in exercise of power
available under Article 32 of the Constitution, framed guidelines to be followed at all
workplaces or institutions, until a legislation is enacted for the purpose. The Supreme Court
incorporated basic principles of human rights enshrined in Constitution of India under Article
14, 15, 19(1)(g) and 21, and provisions of Convention on Elimination of All Forms of
Discrimination against Women (CEDAW), which has been ratified in 1993 by the
Government of India. The guidelines laid down by the Supreme Court were to be treated as
the law declared under Article 141 of the Constitution.
such physical contact is a part of the sexually determined behaviour. ...a physical contact
which has no undertone of a sexual nature and is not occasioned by the gender of the
complainant may not necessarily amount to sexual harassment."
The Act also provides the circumstances under which an act may amount to sexual
harassment. These are:
(i) implied or explicit promise of preferential treatment in her employment; or
(ii) implied or explicit threat of detrimental treatment in her employment ; or
(iii)implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work
environment for her; or
(v) humiliating treatment likely to affect her health or safety.
The important feature of the Act is that it envisages the setting up of Internal Complaints
Committee at every office of the organisation or institution, having more than 10 employees,
to hear and redress complaints pertaining to sexual harassment7. Where the number of
employees are less than 10, the Act provide for setting up of Local Committee in every
district by the District Officer.8 The committee while inquiring into such complaint shall have
the same power as vested in a civil court. The Delhi High Court in its judgment in Ruchika
Singh Chhabra vs M/s Air France India and Anr. "...directed that the ICC should
be constituted in strict compliance with the requirements under law...".
An aggrieved woman can file a written complaint to ICC/LC from three months from the date
of the incident and in case of series of such incidents within three months from the last such
incident. However, any delay in filing the complaint can be condoned by the committee upto
further three months. In case of physical or mental incapability of the aggrieved woman, her
legal heirs or such other person as described in Rule 6 of The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 ("the Rules") may make a
complaint.
On receiving the complaint the committee, before initiating an inquiry, may take steps to
settle the matter between her and the respondent through conciliation and when a settlement
is arrived no further inquiry is conducted. If the conciliation fails or any term of the
settlement arrived at has not been complied with by the respondent, the committee shall
proceed further with the inquiry.
In case of a domestic worker, the Local Committee shall, if prima facie case exists, forward
the complaint to the police, within a period of seven days for registering the case under
Section 509 of Indian Penal Code or any other relevant provisions of the said Code where
applicable.
Where both the parties are employees, the principle of natural justice is followed and both the
parties are heard and opportunity is given to make representations against the findings of the
committee. For the purpose of making an inquiry, the committee shall have the same powers
as are vested in a civil court. The committee has to complete the inquiry within a period of 90
days.11 The committee can give certain interim reliefs to the aggrieved woman during the
pendency of the inquiry.
The committee within 10 days after completion of the inquiry shall provide the report of its
findings to the employer/District Officer and the concerned parties. When the allegation
against the respondent has been proved the committee shall recommend the employer/District
Officer to take action for sexual harassment as misconduct in accordance with provisions of
service rules or where no such rules have been made, as prescribed in Rule 9 of the Rules and
to pay such sum to the aggrieved woman as it consider appropriate, in accordance with the
provisions of section 15, from the salary of the respondent. The employer/District Officer
shall act upon the recommendations within 60 days.
In case of filing of false or malicious complaint or false evidence the committee may
recommend to the employer or District Officer to take action in accordance with the
provisions of service rules or where no such service rules exist, in such manner as prescribed
in Rule 10 of the Rules.
An appeal15 can be filed against the recommendations made by the committee before the
court or tribunal, within 90 days from the recommendations, in accordance with service rules
and in absence of service rules, to the Appellate Authority under Section 2 of the Industrial
Employment (Standing Orders) Act, 1946.
There is a prohibition on publication of identity of the aggrieved woman, respondent,
witnesses, contents of the complaint, inquiry proceedings or recommendations of the
committee, except information regarding the justice secured to any victim of sexual
harassment. In contravention of Section 16 of the Act, such person shall be liable for penalty
in accordance with service rules and in absence of service rules, in accordance with Rule 12.
The Act lays down certain duties of the employer and District Officer under Section 19 and
20 respectively such as creating awareness on sexual harassment at workplace, sensitize the
employees, assist the complaints committee in conducting the inquiry, act upon
recommendations of the committee, monitor timely submissions of reports of the committee
etc.
The non compliance of the provisions of the Act by the employer may result in fine which
may extend to fifty thousand rupees and can also lead to cancellation of his license or
withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may
be.
Even though the Act is in force since 2013, the awareness regarding consequences of sexual
harassment and its redressal against the same is limited. The effective implementation of
POSH Act not only requires creating an environment where women can speak up about their
grievances without fear and get justice but sensitization of men towards treatment of women
at workplace is equally necessary.
Children are always considered close to God. They are considered as bringer of happiness,
joy and hope, no matter where they go. The future of the nation depends on the children as
they are undoubtedly the stepping stone in shaping the future of any nation. If a nation treats
its children properly and provides them with the basic facilities then it would get reflected in
the future performance of the nation. The moral duty of the nation is to ensure that the
childhood of every child is protected.
Child Labour
Child labour is a global phenomenon, it is not restricted to only one country. ―Child labour‖
is defined as the employment of children in any manual work. According to the Child Labour
(Prohibition and Regulation) Act, 1986, a ―child” is a person who has not yet attained the age
of 14 years. In this tender age where a child is expected to grow, enjoy his or her childhood to
the fullest, seek education, gain a strong value system, he/she is forced to work and earn a
living for himself/herself and his/her family. It not only affects his/her physical and mental
development but it also puts a very heavy burden of responsibility on the child to support
his/her family. It is frequently observed that the children are forced to become labour due to
some hardships like lack of strong financial support, lack of proper food, clothing, shelter,
livelihood etc.
International Labour Organisation [ILO] defines child labour as a work that not only
affects their childhood but also doesn‘t let the children attend the school regularly, or have a
proper education. Child labour also deprives children of their dignity, potential and
childhood. Children working below the age of 14 years are not able to develop mentally,
socially, physically or morally.
According to India’s Census 2001, when a child below the age of 17 years participate in
economic activity with or without compensation, either physically, or mentally, or both ways.
Part-time help or unpaid work on farms, a family business or any other economic activity like
cultivation and milk production for sale or domestic consumption will be included in child
labour. Child labour is classified into two groups in India:
1. Main workers: Main workers are those workers who work for at least some months or
more per year, and
2. Marginal child workers: Marginal child workers are those workers who work for less than
6 months in a year and work at any time during the year.
5. Domestic help: Small children often work for educated families and irrespective of
several laws that violate the employment of children, they often welcome small children
so that these children can take care of their homes as well as their children.
6. Child sex workers: Often, girls who attained the age of puberty are forced into
prostitution in lieu of a promise that they would be given opportunities to do glamorous
jobs.
7. Forced begging: Families who can‘t support themselves force their children to beg on the
roads in subhuman conditions. They get their children maimed in order to get more
money from the people.
For India, child labour has long term adverse effects. The economy of a country will only
prosper when the country will have an educated workforce, skills, technology and the
younger generation will be a part of human capital in the future. If child labour at a huge
extent continues then there will be a trade-off with human capital accumulation. 70% of child
labour is employed in agriculture because it requires less skilled work whereas other children
are employed in heavy industries.
Mining
2013
Meghalaya
This state using child labour were discovered and exposed by international media.
Children below the age of 14 years are not allowed to work in a factory and it is expressly
provided in Article 24 of the Indian Constitution and Section 67 of the Factories Act, 1948.
Free and compulsory education for all children up to the age of 14 years is provided by the
Directive Principle of State Policy under Article 45 of the Indian Constitution.
On 10th December 1996, the Supreme Court issued a direction which provided for the
recovery notice that was issued to the offending officers to collect a sum of Rs. 2,000 per
child that was employed under the provision of the Child Labour (Prohibition and
Regulation) Act, 1986. A child should not be employed in hazardous occupations. Moreover
many states including Haryana have opened child labour rehabilitation cum welfare funds.
This is opened at a district level. Separate labour cells have also been made to address the
issue of child labour. To provide non-formal education and pre-vocational skills, in 1998
National Child Projects have been implemented by the Central Government. To educate poor
and employed children in all the states Sarv Shiksha Abhiyan have been launched in 2001.
Non-formal education and vocational training are provided by the Ministry of Women and
Child Development. For children‘s welfare and their physical, mental, educational
development Anganbadies have also been set up.
Artists have been provided with safeguards like working hours or working conditions. These
safeguards are provided to those who have been given permission to work under this act. It
also gives the definition of family with respect to the child. It lays down the duties and
responsibilities of enforcement agencies so that all work is done according to the provisions
that are provided in this act.
7. In order to ensure that the provisions of the law are properly implemented, for this, the
Government can give power to the District Magistrate.
After the passing of this Act, now, the Indian law is also aligned with the convention of ILO.
A complete ban on child labour is put so that under the Right to Education every child can get
a compulsory education. The Act also realised and allowed children to help their families and
run their family business. The penalty for violating the provisions of this act is also increased
and it is made as a cognizable offence.
Human trafficking and forced labour like beggar is prohibited under Article 23 of the Indian
Constitution. The term ―beggar‖ was defined when the British Government and the
zamindars used to force the people to carry their goods along with them when they move
from one place to another, these people were called beggars. This was called forced labour
also because no remuneration was provided to such people. Human trafficking is the modern
form of slavery as there is an illegal trade of human beings for various commercial purposes
like sexual exploitation, prostitution or forced labour.
The government passed the Immoral Traffic (Prevention) Act, 1956 and the Bonded Labour
System (Abolition) Act, 1976 according to the provisions that are provided in the
Constitution of India. The State cannot pay workers less than the prescribed minimum wages
even if it takes up any relief work. Reasonable wages are to be paid to the prisoners who are
sent for rigorous imprisonment. The Supreme Court has provided that if the prisoners are not
provided with any such wages then this will not be considered as a violation of Article 23 of
the Indian Constitution. The persons who are under simple imprisonment or preventive
detention cannot be made to do manual work but they can do the work if they want and they
would require wages.
Forced Labour arises not only out of physical and legal force but also out of compulsion due
to the economic circumstances. It is completely banned. The Supreme Court of India in the
case of People‘s Union for Democratic Rights and others Vs. Union of India and
others which is also known as Asiad Workers Case provided that when a person provides a
service that is a labour service and in return he/she gets remuneration less than the minimum
wage then this case falls clearly in the scope of forced labour which is covered by Article 23
of the Indian Constitution.
The following information must be sent by the employer to the Local Inspector within 30
days of employing an adolescent:
1. Location and the name of the establishment.
2. The name of the person who has the authority of actual management of the
establishment.
3. Address on which communications can be sent.
4. The nature of processes or occupation that is carried out in the establishment.
Applicability:
The Act is applicable to all establishments which are factories, mines, plantations,
Government establishments, shops and establishments under the relevant applicable
legislations, or any other establishment as may be notified by the Central Government.
Eligibility:
As per the Act, to be eligible for maternity benefit, a woman must have been working as an
employee in an establishment for a period of at least 80 days in the past 12 months. Payment
during the leave period is based on the average daily wage for the period of actual absence.
Work Committee:
It consists of representatives of employers and workmen constituted by democratic principles.
It works for serving amity and good relations and co-operation. It discusses matters of
common interests.
Section 2: Definition:
a) Closure: It means the permanent closing down of a place of employment or part thereof.
b) Conciliation Proceeding: means any proceeding held by conciliation officer or Board
under this act.
c) Controlled Industry: It means any industry the control of which by the union has been
declared by any central act to be expedient in the public interest.
d) Employer: Section 2(g) of the act states the meaning of the word ‗employer‘ in relation
to industries carried on by or under the authority.
e) Industry: means any business, trade, undertaking manufacture or calling of employer and
includes any calling, service, employment or avocation of workmen.
f) Triple Test: where there is (i) systematic activity, (ii) organised by co-operation between
employer and employee, (iii) for the production of goods and services calculated to
satisfy human want and wishes, there is an industry is that enterprise. This is a Triple
Test.
Industrial Dispute: The preamble is to make provision for the investigation and settlement
of Industrial Dispute.
1. A dispute or difference between (a) employers and employers, (b) employers and
workmen, (c) workmen and workmen.
2. The dispute or difference should be connected with (a) employment or non-employment
(b) terms of employment (c) conditions of labour of any person.
3. The dispute may be in relation to any workmen or any other person in whom they are
interested as a body.
Labour Court: means the labour court constituted under Section 7 of the Industrial
Dispute Act, 1947.
Lay-off: Salient feature of lay-off:
Meaning of Lay-off: means putting aside workmen temporarily. The duration of lay-off is
not for a period longer than a period of emergency.
(l). Lock-out: means the closing of a place of employment, or the suspension of work, or the
refusal by an employer to continue to employ any number of person employed by him.
Four Ingredients:
Kinds of Strike:
1. General Strike: A general strike is one where the workmen join together for common
cause stay away from work, depriving the employers of their labour needed to run his
factory.
The general strike is for a longer period.
It is generally resorted to when employees fail to achieve their object by other means
including a token strike which generally precedes a general strike.
2. Stay-in-strike: It is also known as ‗tools-down-strike‘ or ‗pens-down-strike‘. It is that
form of strike where the workmen report to their duties, occupy the premises but do not
work.
3. Go-slow: The workmen do not stay away from work, they do come to their work and
work also but with slow speed in order to lower down the production and thereby cause
loss to the employer.
Sympathetic Strike: It aims to encourage or extend moral support to or indirectly to aid the
striking workmen.
Hunger Strike: Group of workmen resort to fasting on or near the place of work or the
residence of the employer with a view to coerce the employer to accept their demands.
Work to Rule: Strictly adhere to the rules while performing their duties which ordinarily they
do not observe.
Trade Union: means trade union registered under the Trade Union Act, 1926.
Tribunal: Section 2(r) of The Industrial Dispute Act states that the ‗Tribunal‘ means an
industrial tribunal constituted under Sec.-7 A of the act.
Unfair Labour Practice: means any of the practice specified in the fifth schedule.
Wages: means all remuneration capable of being expressed in terms of money, which
would if the term of employment, expressed or implied were fulfilled, be payable to a
workman in respect of his employment or of work done in such employment.
Proper Wages
Overtime
Bonus: It is a kind of cash payment in addition to wages. Demand for bonus two
conditions must be satisfied; (a) the wages fell short of the living standard, and (b) the
industry made a huge profit due to the joint contribution of the capital and labour.
Workman: means any person employed in any industry to do any manual, unskilled, skilled,
technical or supervisory work for hire or reward, whether the term of employment is express
or implied and for the purpose of any proceeding under The Industrial Dispute Act.
CASE- LAWS-
I) Vijaya Bank V/s. Shyamal Kumar Lodh - SUPREME COURT OF INDIA CIVIL
APPEAL Nos. 4211 & 4212 OF 2007 Decided on 06-07-2010 CORAM- C.K. PRASAD,
J. HELD - Labour Court constituted under the Industrial Disputes Act, 1947 , within the
local limits of whose jurisdiction the establishment is situated, has jurisdiction to decide
any dispute regarding subsistence allowance. Here in the present case undisputedly
dispute pertains to subsistence allowance and the Labour Court where the workman had
brought the action has been constituted under Section 7 of the Industrial Disputes Act,
1947 and further the appellant bank is situated within the local limits of its jurisdiction.
TRIBUNALS
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. The Appropriate Government may by an order in writing , refer an
existing industrial dispute or an apprehended Industrial Dispute to the following –
i. The Boards of Conciliation to promote the settlement of industrial dispute.
ii. Court of Enquiry , regarding any matter connected with or relevant to the industrial
dispute.
iii. Labour Court or Industrial Tribunals for Adjudication of industrial dispute.
iv. National Tribunal by the Central Government of any matter involving question of
national importance or any industrial dispute of an industry situated in more than one
State.
v. Application made in the prescribed manner by the parties to the industrial dispute ,
whether jointly or separately , for a reference of the industrial dispute to a Board,
Labour courts, Industrial Tribunals or National Tribunal, the appropriate government
will make the reference accordingly , if satisfied that the persons applying represent
the majority of the party concerned . When the appropriate government refers an
industrial dispute to the Boards, Labour Courts or Industrial Tribunals, the
government may prohibit any strike or lockout which may be in connection with that
dispute. Main objective of reference of industrial dispute by the appropriate
government are –
Promotion to the speedy settlement of industrial dispute .
Mediate to bring a quick and amicable/peaceful settlement of industrial
dispute.
Maintain a good cordial relations between the employer and the workmen .
Maintain Industrial peace .
CASE- LAWS –
1) State of Bombay V/S K.P.Krishnan SUPREME COURT OF INDIA ( 1961) 1 S.C.R.
227 .
Held - The Supreme Court has interpreted the scope of Section 10 (1) of the Industrial
Dispute Act, 1947 in the following manner –
i. Discretion exercised by the Appropriate Government to either refer or refuse to refer an
industrial dispute to the Authorities like Boards , Labour Courts or Industrial Tribunals &
ii. The appropriate cannot go into the merits of the dispute, but they can take the initiative to
promote the settlement of the industrial dispute in a peaceful manner by referring the
dispute to the Authorities in order to maintain industrial peace within that particular
industry, where there is an existing dispute or an apprehension of industrial dispute.
2 Telco Convoy Drivers Mazdoor Sangh V/S State of Bihar - 1989 (3) S.C.C. 271
Held- The Apex Court held that while exercising the power under Section 10 (1) of the
Industrial Disputes act, 1947 , the function of the Appropriate Government is an
administrative function and not a judicial or quasi-judicial function as the Appropriate
Government cannot decide the merits of the case like a judicial or quasi-judicial authority,
but can refer an existing industrial dispute or apprehended industrial dispute to the Concerned
Authority .
Section 2 ( l ) of the Industrial Disputes Act, 1947, defines lock-out means the temporary
closing of a place of employment or the suspension of work, or the refusal by an employer to
continue to employ any number of persons employed by him Restrictions & Prohibitions
Strikes and Lockouts may be Legal but on Illegal Strikes and Lockouts unjustified or may be
Illegal but justified Strikes and Lockouts must be Legal and Justified as per the Provisions of
the Act.
Section 22(1) of The Industrial Dispute Act, 1947 put certain prohibitions on the right to
strike. It provides that no person employed in public utility service shall go on strike in
breach of contract: a. Without giving to employer notice of strike within six weeks before
striking; or b. Within fourteen days of giving such notice; or c. Before the expiry of the date
of strike specified in any such notice as aforesaid; or d. During the pendency of any
conciliation proceedings before a conciliation officer and seven days after the conclusion of
such proceedings. It is to be noted that these provisions do not prohibit the workmen from
going on strike but require them to fulfil the condition before going on strike. Further these
provisions apply to a public utility service only. The Industrial Dispute Act, 1947 does not
specifically mention as to who goes on strike. However, the definition of strike itself suggests
that the strikers must be persons, employed in any industry to do work. General prohibition of
strike
The provisions of section 23 of the Industrial Disputes Act, 1947 are general in nature. It
imposes general restrictions on declaring strike in breach of contract in the both public as
well as non- public utility services in the following circumstances mainly: -
a) During the pendency of conciliation proceedings before a board and till the expiry of 7
days after the conclusion of such proceedings;
b) During the pendency and 2 month‘s after the conclusion of proceedings before a Labour
court, Tribunal or National Tribunal;
c) During the pendency and 2 months after the conclusion of arbitrator, when a notification
has been issued under sub- section 3 (a) of section 10 A;
d) During any period in which a settlement or award is in operation in respect of any of the
matter covered by the settlement or award. The principal object of this section seems to
ensure a peaceful atmosphere to enable a conciliation or adjudication or arbitration
proceeding to go on smoothly. This section because of its general nature of prohibition
covers all strikes irrespective of the subject matter of the dispute pending before the
authorities. It is noteworthy that a conciliation proceedings before a conciliation officer is
no bar to strike under section 23.
Illegal Strike or Lockout - Section 24 of the Industrial Disputes Act, 1947 , provides that a
strike in contravention of section 22 and 23 is illegal. This section is reproduced below:
1) A strike or a lockout shall be illegal if, i. It is commenced or declared in contravention of
section 22 or section 23; or ii. It is continued on contravention of an order made under sub
section (3) of section 10 or sub section (4-A) of section 10-A.
2) Where a strike or lockout in pursuance of an industrial dispute has already commenced
and is in existence all the time of the reference of the dispute to a board, an arbitrator, a
Labour court, Tribunal or National Tribunal, the continuance of such strike or lockout
shall not be deemed to be illegal;, provided that such strike or lockout was not at its
commencement in contravention of the provision of this Act or the continuance thereof
was not prohibited under sub section (3) of section 10 or sub section (4-A) of 10-A. 3. A
strike declared in the consequence of an illegal lockout shall not be deemed to be illegal.
Prohibition of financial aid to illegal strikes and Lockouts No person shall knowingly expend
or apply any money in direct furtherance or support of any illegal strike or lock-out.
Section 26 of the Industrial Disputes Act, 1947 - Penalty for illegal strikes and Lockouts
1) Any workman who commences, continues or otherwise acts in furtherance of, a strike
which is illegal under this Act, shall be punishable with imprisonment for a term which
may extend to one month, or with fine which may extend to fifty rupees, or with both.
2) Any employer who commences, continues, or otherwise acts in furtherance of a lock-out
which is illegal under this Act, shall be punishable with imprisonment for a term which
may extend to one month, or with fine which may extend to one thousand rupees, or with
both.
Section 27 of the Industrial Disputes Act, 1947 - Penalty for instigation, etc. Any person who
instigates or incites others to take part in, or otherwise acts in furtherance of, a strike or lock-
out which is illegal under this Act, shall be punishable with imprisonment for a term which
may extend to six months, or with fine which may extend to one thousand rupees, or with
both.
Section 28 of the Industrial Disputes Act, 1947- Penalty for giving financial aid to illegal
strikes and Lockouts Any person who knowingly expends or applies any money in direct
furtherance or support of any illegal strike or lock-out shall be punishable with imprisonment
for a term which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
Lakshmi Devi Sugar Mills Pvt. Ltd. V/S PT. Ram Sarup - 1957 I L.L.J. 17 S.C. Held –
The Supreme Court Held that Sudden stoppage of work by the Workmen adopting the
attitude of ― tools down‖ in a public utility service industry , without giving any advance
Notice to the Employer will amount to Illegal Strike on the part of the workmen 2. Crompton
Greaves Ltd. V/S Its Workmen - Supreme Court of India , 1978 II L.L.J.89 S.C. Held- The
Supreme Court Held that an order of the Industrial Tribunal to entitle the workmen to wages
for the entire period of strike should be legal as well justified . In this case , the workmen of
Crompton Greaves Ltd. Had resorted to a legal and justified strike as the Employer had
retrenched as many as 93 workers, without informing the Authority , during the pendency of
a industrial dispute before the Authority i.e. The Assistant Labour Commissioner . It was also
held that the allegation of the management that the workmen were violent during the strike
could not be proved. Hence the Appeals filed by the Management was dismissed, as the strike
was peaceful and non-violent , along with the strike being legal and Justified.
The main purpose of the Industrial Disputes Act, 1947 is to ensure fair terms between
employers and employees, workmen and workmen as well as workmen and employers.. The
objective of the Industrial Disputes Act is to secure industrial peace and harmony by
providing machinery and procedure for the investigation and settlement of industrial disputes
by negotiations.
Objectives:
The objective of the Industrial Disputes Act is to secure industrial peace and harmony by
providing machinery and procedure for the investigation and settlement of industrial disputes
by negotiations.
The laws apply only to the organised sector. Chapter V-B, introduced by an amendment in
1976, requires firms employing 300 or more workers to obtain government permission for
layoffs, retrenchments and closures. A further amendment in 1982 (which took effect in
1984) expanded its ambit by reducing the threshold to 100 workers.
Applicability:-
The Industrial Disputes Act extends to whole of India and applies to every industrial
establishment carrying on any business, trade, manufacture or distribution of goods and
services irrespective of the number of workmen employed therein.
Every person employed in an establishment for hire or reward including contract labour,
apprentices and part-time employees to do any manual, clerical, skilled, unskilled, technical,
operational or supervisory work, is covered by the Act.
This Act though does not apply to persons mainly in managerial or administrative capacity,
persons engaged in a supervisory capacity and drawing > 10,000 p.m or executing managerial
functions and persons subject to Army Act, Air Force and Navy Act or those in police service
or officer or employee of a prison.
6) Mutual consultation has to be set up between industry and labor by the Works
Committee.
7) Disputes between labor and industry have to be forwarded to an Industrial Tribunal. If the
Industrial tribunal fails to handle the case, the case should be forwarded to the appropriate
government.
Introduction
The main purpose of the Industrial Disputes Act, 1947 is to ensure fair terms between
employers and employees, workmen and workmen as well as workmen and employers. It
helps not only in preventing disputes between employers and employees but also help in
finding the measures to settle such disputes so that the production of the organization is not
hampered. In this unit, we are going to discuss the Industrial Disputes Act, 1947 and its
importance. This unit encompasses the different authorities and their duties in the settlement
of disputes. It also discuss about the reference of disputes. Through this unit, you will be able
to know about the different award given by the different authorities under the Act. Thus, you
will able to understand through this unit, the procedures of settlement of the disputes as well
as the duties of different authorities as well as the way of reference of disputes.
Cases :
Chandrakant Tukaram Nikam and others vs. Municipal Corporation of Ahmedabad
and another [i]: It was held by the Supreme Court that the Jurisdiction of the Civil Court
was impliedly barred in cases of the dismissal or removal from service, The appropriate
forum for such relief was one constituted under Industrial Disputes Act, 1947.
Jadhav J. H. vs. Forbes Gobak Ltd.[ii]: In this case, it was held that, a dispute relating to a
single workman may be an industrial dispute if either it is espoused by the union or by a
number of workmen irrespective of the reason the union espousing the cause of workman was
not the majority of the union.
Reference of Disputes
The act provides for the following authorities for Investigation and Settlement of industrial
disputes:
(i) Works Committee
(ii) Conciliation officer
(iii) Boards of Conciliation
(iv) Court of Inquiry
(v) Labour Court
(vi) Labour Tribunals
(vii) National Tribunals
The duty of the conciliation officer is not judicial but administrative. He has to hold
conciliation proceedings, investigate the disputes and do all such things as he thinks fit for the
purpose of inducing the parties to arrive at a fair settlement of the disputes. The conciliation
officer is entitled to enter an establishment to which the dispute relates, after reasonable
notice and also to call for and inspect any document which he consider relevant. He has to
send a report and memorandum of settlement to appropriate Government. The report by the
conciliation officer has to be submitted within 14 days of the commencement of the
conciliation proceeding or shorter period as may be prescribed by the appropriate
Government. The conciliation officer has the power to enter the premises as well can call for
and inspect documents.
The Board of Conciliation has to bring about a settlement of the dispute. He has to send a
report and memorandum of settlement to appropriate Government. He has to send a full
report to the Appropriate Government setting for the steps taken by the Board in case no
settlement is arrived at. The Board of Conciliation has to communicate the reasons to the
parties if no further reference is made. The Board has to submit its report within 2 months of
the date on which the dispute was referred to it within the period what the appropriate
Government may think fit. The report of the Board shall be in writing and shall be signed by
all the members of the Board.
It has the same powers as are vested in a Civil Court under the Code of Civil Procedure 1908,
in the following matters-
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.
The report of the Court must be signed by all the members. A member can submit a note of
dissent. The Report together with the dissenting note must be published by the appropriate
Government within 30 days from its report. A court of enquiry has no power to improve any
settlement upon the parties.
Labour Court (Section 7):
The appropriate Government may by notification in the official Gazette, constitute one or
more labour court for adjudication of industrial disputes relating to any matters specified in
the Second Schedule. A labour court consists of one person only to be appointed by the
appropriate Government.
The main function of the labour court is to hold its proceedings expeditiously and submit its
award as the proceeding concludes.
The person shall not be qualified for appointment as the presiding officer unless he is, or has
been, a Judge of a High Court. Beside these, the Central Government may, if it thinks fit,
appoint two persons as assessors to advise the National Tribunal in the proceedings before it.
Reference of Disputes
Any industrial disputes should have to referred by the Appropriate Government under section
10 for adjudication, to the Conciliation Board, Labour Court, Court of Inquiry or Industrial
Tribunal or National Tribunal.
Where the disputes relate to a public utility service and a notice of the same is given, it
becomes mandatory of the Appropriate Government or the Central Government to refer the
matter for adjudication. But the power of the Appropriate Government to make a reference is
discretionary and it is open to judicial review.
iii. Within one month from the receipt of the arbitration agreement which should be
forwarded to Appropriate Government and the Conciliation officer, a copy of the same
has to be published in the official Gazette.
iv. The arbitrator or arbitrators shall have to investigate the disputes and submit to the
Appropriate Government the award.
v. The award should be signed by the arbitrator or the arbitrators.
vi. The strike or lock-out in connection with the disputes should be prohibited by an order
of the Appropriate Government.
An assessor or assessors may be appointed by the Conciliation Board, Labour Court, and
Court of Inquiry, Industrial Tribunal or National Tribunal for advice having special
knowledge on that matter. The Conciliation officer may enforce the attendance of any person
for the purpose of examination of such person or call for and inspect the documents. The
Conciliation Board, Labour Court, and Court of Inquiry, Industrial Tribunal or National
Tribunal has the full power to determine to what extent, by whom and subject to what
conditions costs are to be paid.
Thus, it is seen that section 11 (1) has given wide power to the Conciliation Board, Labour
Court, and Court of Inquiry, Industrial Tribunal or National Tribunal in the settlement of
industrial disputes.
The report of the Board of Conciliation or the Court of Inquiry shall be in writing and shall be
signed by all the members and the award of a Labour Court and Industrial Tribunal shall be
in writing and shall be signed by the Presiding officer. Section 21 requires certain matters to
be kept confidential and it is further provided by the section that certain matters are not
disclosed without the written consent of the secretary of the trade union or firm or company
in question as the case may be of any information obtained by Conciliation Board, Labour
Court, and Court of Inquiry, Industrial Tribunal or National Tribunal. An award usually is
enforceable on the expiry of 30 days from the date of its publication except when the
Appropriate Government declares that the award given by the Labour Court and Industrial
Tribunal shall not be enforceable on the expiry of 30 days from the date of its publication.
Again, it may not be enforceable on the expiry of 30 days from the date of its publication, if
the Central Government get the opinion regarding the award given by the National Tribunal.
In such case, the Appropriate Government or the Central Government may within 90 days
from the date of publication of the award under section 17 make an order rejecting or
modifying the award. But, if it appears that the award given by the Industrial Tribunal is fair
and just, it is authorised to issue direction that the award takes effect retrospectively.