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Unit 5: Industrial Disputes Act

can, however, be extended if the parties concerned apply for such extension, or the Labour Notes
Court or Industrial Tribunal may consider expedient to do so for the reason to be recorded. The
proceedings before these authorities shall not lapse on the ground that the proceedings have
not been completed’ within the specified time or by reason of the death of any of the parties
to dispute being a workman. In computing any period specified in the order of reference, the
period if any, for which proceedings had been stayed by the injunction of the Civil Court, shall
be excluded.
When the Central Government is the appropriate Government in relation to any industrial dispute,
it can refer the dispute for adjudication to Labour Court or Industrial Tribunal appointed by the
State Government instead of setting up its own Labour Court or Tribunal for that purpose.

Effectiveness of Adjudication Machinery

Initially trade unions affiliated to all political parties were enthusiastic in getting their disputes
settled by conciliation and adjudication as provided under the Industrial Disputes Act, 1947.
Their enthusiasm started waning when they found this method of settling disputes as very time
consuming. Not a few employers also started questioning the credibility of the presiding officers
of the Labour Courts and Industrial Tribunals, who are generally retired persons engaged on
yearly contract basis. Some trade union leaders now prefer to get disputes settled by pressurised
bargaining rather than by adjudication. Quite a number of disputes are reported to be pending
with Labour Courts and Industrial Tribunals for four or five years, and for still longer periods in
High Courts and the Supreme Court. It, therefore, appears that the machinery provided by the
Industrial Disputes Act is failing to cope with demand made on it. Its record shows that is far
from successful in resolving conflict effectively. This may be due to red-tapism and bureaucratic
delays and complicated procedure which are inherent in the Government organisation. Such
delays have encouraged militancy or violence in management and union relations.
The Industrial Disputes Act as amended recently (Act 46 of 1982), provides time limits for
the disposal of disputes by Labour Courts and Tribunals, but these time limits are observed
rarely. The amended Act also provides for setting up machinery- within the establishment for
prompt handling of grievances, but this amendment has yet to be given effect to. Over thirty
years back, National Commission on Labour recommended setting up of more independent
machinery in the form of Industrial Relations Commissions, and this recommendation is still
under the consideration of the Government. In view of all this it is no wonder that union and
management relations in the country are still brittle, and arrangements for settlement of disputes
need considerable improvement.

Self Assessment

Fill in the blanks:
10. The main duty of a .................... Officer is to investigate and promote settlement of
disputes.
11. A Board of Conciliation can only try to bring about a .................... .
12. The Boards of conciliation are rarely appointed by the .................... these days.

5.5 Measures for Prevention of Conflicts and Disputes

The Act not only provides machinery for investigation and settlement of disputes, but also some
measures for the containment and prevention of conflicts and disputes. Important preventive
measures provided under the Act are:

1. Setting up of Works Committees in establishments employing 100 or more persons, with
equal number of representatives of workers and management for endeavouring to compose

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