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Unit 10: Industrial Disputes Act, 1947

Notes
Did u know? Section 7A empowers the appropriate Government to constitute one or more
Industrial Tribunals for adjudication of the disputes relating to any matter specified in the
Schedules. The Second Schedule enumerated the matters which fall within the jurisdiction
of the Labour Court. The Third Schedule enumerates the matters which fall within the
jurisdiction of the Industrial Tribunal, Jagdish Narain Sharma v. Rajasthan Patrika Ltd, 1994,
LIR 265(Raj).

7. National Tribunals

The Central Government may, by notification in the Official Gazette, constitute one or more
National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of
the Central Government, 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, or
affected by, such disputes. A National Tribunal shall consist of one person only to be appointed
by the Central Government. A person shall not be qualified for appointment as the presiding
officer of a National Tribunal [unless he is, or has been, a Judge of a High Court.] The Central
Government may, if it so thinks fit, appoint two persons as assessors to advise the National
Tribunal in the proceeding before it.

Self Assessment

State whether the following statements are true or false:
7. 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.

8. A Tribunal shall consist of two people only to be appointed by the appropriate Government.
9. The Central Government may, if it so thinks fit, appoint four persons as assessors to
advise the National Tribunal in the proceeding before it.

10.4 Procedure and Machinery for Investigation and Settlement
of Disputes

For industrial disputes which are not prevented or settled by, collective bargaining or Works
Committees or by bipartite negotiations, the following authorities are provided under the
Industrial Disputes Act for resolving the same.

 Conciliation Officer and Board of Conciliation
 Voluntary Arbitration
 Adjudication by Labour Court, Industrial Tribunal, and National Tribunal

10.4.1 Conciliation

Conciliation in industrial disputes is a process by which representatives of management and
employees and their unions are brought together before a third person or a body of persons
with a view to induce or persuade them to arrive at some agreement to their satisfaction and in
the larger interest of industry and community as a whole. This may be regarded as one of the
phases of collective bargaining and extension of process of mutual negotiation under the guidance
of a third party, i.e. Conciliation Officer, or a Board of Conciliation appointed by the Government.

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