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Power of Government to

refer Industrial Dispute


for Adjudication
The Adjudicatory Machinery:
Boards, Courts and Tribunals

Conciliation
Conciliation Officer (Section 4)
Powers of Conciliation Officer
1. Power of entry and inspection of premises
2. Power to call for and inspect documents
3. Duty to investigate and try and settle

disputes
4. Report of successful settlements or of
failure must be sent to the appropriate
government within a given time

Board of Conciliation (Sec 5) - to

settle more intricate issues and for a


more professional approach
What are the differences between a

conciliation officer and the board of


conciliation?

Voluntary Arbitration (Section 10A)


Methodology
Status of a tribunal

Court of Enquiry [Section 6(1)]


Government to refer the dispute under
section 10(1)(b)

Compulsory Adjudication of Industrial


Disputes
Reference by the appropriate government
under section 10

Labour Court (section 7)


Appointment- Qualification Sec 7(3)
Disqualification Section 7-C
Whether a Judicial or a Quasi-Judicial body?

Functions: As laid down under

section 7 of the Act- matters


specified in Schedule 2 and any
other matter not specified in
schedule 3 Under 1st proviso to
10(i)- any matter of greater
importance when the number of
workmen affected is not more than
100 and when the appropriate
government thinks fit
Jurisdiction: begins by reference

under section 10 or section 10A by


mutual consent

Industrial Tribunal (Sec 7A)


Constituted for a limited

period or a particular case or


a number of cases or for a
particular area
Matters referred to Industrial

Tribunal (Section 10(1)(d)

The dispute should be an

industrial dispute for the referral


The terms of Jurisdiction are confined

to the points referred and matters


incidental thereto
Jurisdiction- Begins when the

reference under section 10 is made


by the Government and continues till
it makes an award which becomes
enforceable

Whether section 10 is ultra vires?

Niemla Textile Finishing Mills Ltd. V. 2nd


Punjab Tribunal AIR 1957 SC 329
Held, not unconstitutional. Because:
1. Satisfaction of the appropriate
government essential
2. An administrative act, so court
cannot scrutinize it closelysubjective satisfaction of the
government

3. For irrelevant and immaterial


considerations, if any, the writ of
mandamus is available
4. Open for the party to show that it
was not an industrial dispute
Section 10A- Voluntary reference of
dispute to arbitration

AWARDS

Form of report or award (Section 16)


Report to be in writing and signed by

all the members of the board or


court
Award of the labour court , tribunal

or national tribunal to be signed by


the Presiding Officer

Publication of Reports and Awards


(Section 17)
Within a period of 30 days from the

date of its receipt by the appropriate


government , be published in such a
manner as the appropriate
government thinks fit
Subject to Sec 17 A, the award shall

be final and binding and not be


called in question in any court

Commencement of the Award (Sec


17A)
Becomes enforceable on the expiry

of 30 days from the date of its


publication under sec 17
Provided that,
1. if the central government is a party
to the dispute or
2. If the award has been made by the
National Tribunal

It may not publish the award- if national

economy or social justice affected- by notification


in the gazette- declare that the award shall not
become enforceable
Within 90 days, from the date of publication

under section 17, make an order rejecting or


modifying the award- a copy of the same may be
put before the state legislature or the parliament
At the expiry of 15 days from the date of putting

it before the legislature or parliament, such


award shall become enforceable if no such
order has been made by the appropriate
government, then at the expiry of 90 days as
mentioned above

Conditions to constitute an award


1. There must be an interim or final

determination
2. Such determination should be of an
industrial dispute or of any question
relating to such dispuet and
3. Such determination should be by the
labour court, industrial tribunal or National
Tribunal or an arbitrator under section 10 A
May be interim/provisional or final
equivalent to a decree under CPC

Judgment on Appeal by the SC-

Article 136- initially no jurisdiction to


entertain or determine an industrial
dispute but under SLP, it may hear
an appeal
Interim relief and interim award

different
Decision promoting withdrawal of

dispute not an award- since no


determination of dispute

In case of a compromise between the

parties before the tribunal, it is required to


apply its own mind- no power to record the
compromise but can take note of the
compromise in order to ascertain the award
Award must be a speaking one
Award must be published
Civil Courts no jurisdiction to hear cases
challenging validity of award- only high
courts and supreme court do
In some cases the award can be
retrospective in effect too- for example, the
prosperous financial condition of the
employer

Full wages, if employer prefers an

appeal against the award of the


labour court for reinstatement
Who are bound by the award:
1. All parties to the dispute
2. All other parties summoned to

appear in the proceedings unless


summoned without proper cause
. Binding on employer and also his

heirs, successors and assignees

Judicial review and finality of the

awardon grounds of jurisdictional


errors, violation of natural justice,
violation of law and such other
illegalities

Section 9 A- Conditions precedent for change

of service conditions prevents the change


of service conditions by employer unilaterally
to the detriment of the employers in
respect of matters given in the fourth
schedule
If the conditions like notice in the prescribed
manner a lapse of 21 days
Section 33 and section 9A- Comparison- both

relate to change in service conditionsdifference?


Section 9 B- Power of the appropriate
government to exempt an industry from
application of Section 9A