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Unit 5: Industrial Disputes Act




          5.3 Authorities under this Act                                                        Notes

          Following are the Authorities under the Industrial Disputes Act:

          1.   Works Committee: In the case of any industrial establishment in which one hundred or
               more workmen are employed or have been employed on any day in the preceding twelve
               months, the appropriate Government may by general or special order require the employer
               to constitute in the prescribed manner a Works Committee consisting of representatives
               of employers and workmen engaged in the establishment so however that the number
               of representatives of workmen on the Committee shall not be less than the number of
               representatives of the employer. The representatives of the workmen shall be chosen in
               the prescribed manner from among the workmen engaged in the establishment and in
               consultation with their trade union, if any, registered under the Indian Trade Unions Act,
               1926 (16 of 1926).




             Notes    It shall be the duty of the Works Committee to promote measures for securing
             and preserving amity and good relations between the employer and workmen and, to
             that end, to comment upon matters of their common interest or concern and endeavour to
             compose any material difference of opinion in respect of such matters.


          2.   Conciliation  officers:  The  appropriate  Government  may,  by  notification  in  the  Official
               Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged
               with the duty of mediating in and promoting the settlement of industrial disputes. A
               conciliation  officer  may  be  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.
          3.   Boards of Conciliation: The appropriate Government may as occasion arises by notification
               in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an
               industrial dispute. A Board shall consist of a chairman and two or four other members, as
               the appropriate Government thinks fit. The chairman shall be an independent person and
               the other members shall be persons appointed in equal numbers to represent the parties
               to the dispute and any person appointed to represent a party shall be appointed on the
               recommendation of that party:
               Provided  that, if any party fails to make a recommendation  as aforesaid  within the
               prescribed time, the appropriate Government shall appoint such persons as it thinks fit to
               represent that party.
               A  Board,  having  the  prescribed  quorum,  may  act  notwithstanding  the  absence  of  the
               chairman or any of its members or any vacancy in its number:
               Provided that if the appropriate Government notifies the Board that the services of the
               chairman or of any other member have ceased to be available, the Board shall not act until
               a new chairman or member, as the case may be, has been appointed.
          4.   Courts of Inquiry: The appropriate Government may as occasion arises by notification in
               the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing
               to be  connected  with or  relevant to an  industrial  dispute.  A  court  may  consist  of  one
               independent person or of such number of independent persons as the  appropriate
               Government may think fit and where a court consists of two or more members, one of
               them shall be appointed as the chairman. A court, having the prescribed quorum, may act
               notwithstanding the absence of the chairman or any of its members or any vacancy in its
               number:




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