In this article we shall have brief idea of authorities under the Industrial Disputes Act like: Works Committee, Conciliation Officer, Courts, and Tribunals.

a) Name any two authorities under the I.D. Act, 1947.

The different authorities under the Industrial Disputes Act, 1947 are as follows:

• Works Committee
• Conciliation Officer
• Board of Conciliation
• Courts of Inquiry
• Labour Courts
• Industrial Tribunal
• National Tribunals

b) What is Works Committee under I.D. Act, 1947?

The industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months should constitute the works committee. The appropriate Government by general or special order, order the employer to constitute a Works Committee in the prescribed manner. Section 3(1) of the Industrial Disputes Act provides for Works Committee.

Works Committee must consist of representatives of employer and workmen engaged in the establishment. The number of members in the committee should be fixed and not more than 20. 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).

c) Give any two duties of Works Committee.

The duties of works committee are as follows:

• to take measures for securing and preserving amity and good relations between the employer and the workmen;
• to comment upon the matters of their common interest; and
• to endeavour, to compose any material difference of opinion in respect of such matter.

d) What is the duty of the Conciliation Officer under the I.D. Act, 1947?

Section 12 of the Industrial Disputes Act, gives provisions for duties of the conciliation officer.

• In every industrial dispute, existing or apprehended, the conciliation officer shall hold the conciliation proceedings in prescribed manner.
• The conciliation officer for settling the dispute without delay shall investigate the dispute and may do all such things to make the parties to come fair and amicable settlement of dispute.
• The conciliation officer shall send a report on the settlement of the dispute to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute.
• If no such settlement is arrived at, the conciliation officer shall as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute, and bringing about a settlement thereof together with a full statement of such facts and circumstances and the reasons on account of which, in his opinion, a settlement could not be arrived at.
• If, on a consideration of the failure report referred above the appropriate Government is satisfied, that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal it makes such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons thereof
• A report under Sec. 12 shall be submitted within 14 days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government.

e) What are the powers of conciliation Officer under the I.D. act 1947?

Section 11 of the Industrial Dispute Act, 1947, gives provisions for the powers of the conciliation officer.

• Conciliation Officer for the purpose of inquiring into an existing apprehended Industrial Dispute is empowered, after giving the notice to enter the premises occupied by the Industrial establishment.
• Conciliation Officer is also empowered to call for and inspect any document which he may consider relevant to the dispute.
• Conciliation Officer enjoys the same powers as are available to the civil Courts in respect of compelling the parties, to appear and produce all the relevant documents. Thus, the Conciliation officer is empowered to exercise all quasi-judicial powers of a Civil Court under the Civil Procedure Code, 1908. (CPC).
• All Conciliation Officers are Public Servants within the meaning of Section 21 of the Indian Penal Code.

f) What Conciliation Officer has to do when industrial dispute is not settled?

If no settlement is arrived at, the conciliation officer shall as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute, and bringing about a settlement thereof together with a full statement of such facts and circumstances and the reasons on account of which, in his opinion, a settlement could not be arrived at.

g) Who publishes award under I.D. Act, 1947?

Under Section 17 of the Industrial Disputes Act, 1947, every report or Award of a Board or a Court, shall be published by the Appropriate Government within a period of 30 days from the date of its receipt.

h) What is the duty of Labour Court?

Section 15 of the Act gives provisions related to the duties of Labour Court. The Labour Court shall hold its proceedings expeditiously and shall as soon as practicable on the conclusion thereof submit its award to the appropriate Government. The functions of the Labour Court as provided in the Act are:

• adjudication of industrial disputes relating to any matter specified in the Second Schedule;
• performing of such other functions as may be assigned to them under this Act.

i) What is the jurisdiction of Labour Court?

The Labour Courts adjudicate the following disputes relating to matters specified in the second schedule:

• The propriety or legality of an order passed by an employer under the standing order.
• The application and interpretation of standing orders.
• Discharge or dismissal of workmen including reinstatement of or grant of relief to workmen wrongfully dismissed.
• Withdrawal of any customary concession or privilege.
• Illegality or otherwise of strike or lock-out. and
• All matters other than those specified in the Third schedule.

j) The award of Labour Court or Tribunal shall be signed by whom as per I.D. Act, 1947?

As per the Industrial Disputes Act, 1947, the award of Labour Court or Tribunal shall be signed by presiding officer.

k) Appropriate Government shall publish every award within ………. Days of receipt.

Appropriate Government shall publish every award within 30 Days of receipt.

l) When does an Award become enforceable as provided under Section 17-A(1) of the Industrial Disputes Act, 1947?

Under Section 17-A of the Industrial Dispute Act, 1947 an award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17.

m) What are the types of settlement?

There are two types of settlement:

• Settlement arrived at in the course of conciliation proceedings.
• Written agreements otherwise than in the course of conciliation proceedings.