Labour Courts & Industrial Tribunals

Labour Courts

Labour Courts are constituted by the appropriate Govt.

for the adjudication of industrial disputes relating to any

matter specified in the Second Schedule and for

performing such other functions as may be assigned to

them under this Act.

Tribunals

Tribunals are constituted by the appropriate Govt. for the

adjudication of industrial disputes relating to any matter

specified in the Second Schedule or the Third Schedule

and for performing such other functions as may be

assigned to them under this Act.

National Tribunals

National Tribunals are constituted by the Central

Government 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.

Matters within the Jurisdiction of Labour Courts

1. The propriety or legality of an order passed by an employer

under the standing orders.

2. The application and interpretation of standing order.

3. Discharge or dismissal of workmen including re-instatement

of, or grant of relief to, workmen wrongfully dismissed.

4. Withdrawal of any customary concession or privilege.

5. Illegality or otherwise of a strike or lock-out and

6. All matters other than those specified in the Third Schedule.

Matters within the Jurisdiction of Industrial Tribunals

1. Wages, including the period and mode of payment.

2. Compensatory and other allowances.

3. Hours of work and rest intervals.

4. Leave with wages and holidays.

5. Bonus, profit sharing, provident fund and gratuity.

6. Shift working otherwise than in accordance with standing

orders.

7. Classification by grades.

8. Rules of discipline.

9. Rationalisation.

10. Retrenchment of workmen and closure of

establishment and

11. Any other matter that may be prescribed.

PROVISIONS ON 'SETTLEMENT'

i) WHAT IS MEANT BY A SETTLEMENT ? 

AN AGREEMENT ARRIVED AT BETWEEN THE EMPLOYER AND WORKMEN.

ii) TYPES OF SETTLEMENTS TRIPARTITE SETTLEMENTS UNDER SECTION 12(3) ARRIVED AT WITH HELP OF CONCILITION OFFICER/BOARD. BIPARTITE SETTLEMENT ARRIVED AT WITHOUT CONCILIATION ASSISTANCE BUT SENT JOINTLY TO CONCILIATION OFFICER FOR REGISTRATION AS A SETTLEMENT UNDER SECTION 18(3). BIPARTITE SETTLEMENTS ARRIVED AT BETWEEN THE PARTIES UNDER SECTION 18(1) WITH NO NOTICE TO OR ASSISTANCE FROM CONCILIATION OFFICER.

iii) ON WHOM ARE SETTLEMENTS BINDING ? BIPARTITE SETTLEMENTS UNDER 18(1) OR 18(3) ARE BINDING ONLY ON THE PARTIES THAT SIGNED THE SETTLEMENT (IT CANNOT BE ENFORCED ON OTHER UNIONS OR WORKERS WHO ARE NOT PARTIES TO THE SETTLEMENT)

A TRIPARTITE SETTLEMENT THROUGH CONCILIATION UNDER 12(3) IS ENFORCEABLE AGAINST :

1. ALL PARTIES TO THE DISPUTES2. ALL OTHER PARTIES SUMMONED TO THE CONCILIATION PROCEEDINGS3. IN THE CASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS4. IN THE CASE OF WORKMEN ON ALL WORKMEN ON THE ROLLS ON DATE OF

SETTLEMENT AND ALL FUTURE EMPLOYEES OF THAT ESTABLISHMENT iv) WHEN DOES A SETTLEMENT COME INTO OPERATION ? FROM THE DATE AGREED TO AND INDICATED IN THE SETTLEMENT. IF DATE IS SILENT, FROM THE DATE OF SIGNING SETTLEMENT.

v) HOW LONG WILL IT BE BINDING OR PERIOD OF ITS VALIDITY ? FOR A MINIMUM PERIOD OF SIX MONTHS IF NO PERIOD IS INDICATED, OR FOR THE LONGER PERIOD INDICATED IN THE SETTLEMENT.

vi) WILL THE OBLIGATIONS ON THE PARTIES CEASE ON THE EXPIRY OF VALIDITY PERIOD ?

OBLGATIONS CONTINUE EVEN BEYOND THE AGREED PERIOD AND WILL CONTINUE TILL PROPER NOTICE OF TERMINATION IS GIVEN UNDER SECTION 19(2) AND TWO MONTHS HAVE EXPIRED AFTER ISSUE OF NOTICE OF TERMINATION. AS PER JUDICIAL DECISIONS THE TERMS OF SETTLEMENT WILL CONTINUE TO BE IN FORCE EVEN AFTER TERMINATION TILL ANOTHER AGREEMENT IS REACHED REPLACING THE CORRESPONDING TERMS IN THE OLD AGREEMENT.

vii) WHO IS COMPETENT TO ISSUE NOTICE OF TERMINATION ?

ONLY A PARTY REPRESENTING THE MAJORITY OF THE PERSONS BOUND BYTHE SETTLEMENT CAN ISSUE A VALID NOTICE OF TERMINATION.

viii) WHO IS COMPETENT TO SIGN A SETTLEMENT?

IN CASE OF EMPLOYER, HIMSELF/HIS AUTHORISED AGENT/MANAGER OR PRINCIPAL OFFICER. IN CASE OF WORKMEN BY A TRADE UNION OFFICE BEARER (PRESIDENT/VICE PRESIDENT/ SECRETARY OR GENERAL SECRETARY/JOINT SECRETARY OR ANY OTHER AUTHORISED OFFICE BEARER). IN CASE OF AN INDIVIDUAL DISPUTE UNDER 2(A) BY WORKMAN HIMSELF.

ROLE OF CONCILIATION OFFICER

1. TO RECORD THE SETTLEMENT IN FORM H UNDER Rule 58 (1).2. TO MAINTAIN A REGISTER OF ALL SETTLEMENTS UNDER Rule 75.3. TO SEND A COPY OF SETTLEMENT TO THE APPROPRIATE GOVERNMENT.

NOTE:

WHERE THERE IS MULTIPLICITY OF UNIONS AND INTER UNION RIVALRY, IT IS PRUDENT TO SIGN ONLY TRIPARTITE CONCILIATION SETTLEMENTS UNDER Section 12 (3) RATHER THAN GO IN FOR BIPARTITE AGREEMENTS UNDER Section 18 (3) OR 18 (1). WHILE A TRIPARTITE SETTLEMENT IS ENFORCEABLE AGAINST ALL, A BIPARTITE AGREEMENT BINDS ONLY ON THE PARTIES TO THE SETTLEMENT.

PROVISIONS ON AWARDSWHAT IS MEANT BY AN ‘AWARD’ ?

AN AWARD IS AN INTERIM OR FINAL ORDER PASSED BY THE FOLLOWING DISPUTE SETTLING AUTHORITIES UNDER THE I.D. ACT.

4. LABOUR COURT UNDER SECTION 75. INDUSTRIAL TRIBUNAL OR NATIONAL TRIBUNAL UNDER SECTION 7(A) OR 7(B)6. AN ARBITRATOR UNDER SECTION 10 (A)

ii) TYPES OF AWARDS [Sn.7, 7A, 7B]LABOUR COURTS GIVE AWARDS ON ITEMS LISTED IN SCHEDULE-II OF THE ID

ACT TRIBUNALS/ NATIONAL TRIBUNALS GIVE AWARDS ON ITEMS LISTED IN SCHEDULE-III OF THE ID ACT. ARBITRATORS GIVE AWARD ON SUBJECT REFERRED TO THEM UNDER THE ARBITRATION AGREEMENT. iii) PUBLICATION OF AWARDS AND THEIR FINALITY [Sn.17(1)(2), 15, 17(B)] UNLIKE THE CIVIL/CRIMINAL COURTS, LABOUCOURTS/ TRIBUNALS/ ADJUDICATORS UNDER THE ID ACT CANNOT PRONOUNCE THEIR DECISIONS/ORDERS IN COURTS. THEIR DECISIONS/ORDERS ARE TO BE SENT TO THE APPROPRIATE GOVERNMENT. THE APPROPRIATE GOVERNMENT IS TO THEN PUBLISH IT WITHIN 30 DAYS OF RECEIPT OF THE ORDER. SUBJECT TO PROVISION OF SECTION 17A, THE AWARDS ARE FINAL AND CANNOT BE CHALLENGED IN ANY COURT. HOWEVER AWARDS PERTAINING TO REINSTATEMENT OF DISMISSED WORKMEN CAN BE CHALLENGED IN SUPREME COURT/ HIGH COURT. SECTON 17B STIPULATES THAT IN SUCH CASES THE EMPLOYER MUST PAY FULL LAST DRAWN WAGES TILL THE SIT IS DISPOSED OFF BY THE HIGH COURT/ SUPREME COURT.

IV) ON WHOM ARE AWARDS BINDING [Sn.18(3)] ?

AS PER SECTION 18(3) AWARDS ARE BINDING ON THE FOLLOWING :

ALL PARTIES TO THE DISPUTE ALL OTHER PARTIES SUMMONED TO APPEAR IN THE PROCEEDINGS INCASE OF EMPLOYER ON HIS HEIRS/SUCCESSORS/ASSIGNS IN CASE OF WORKMEN,ON ALL WORKMEN ON THE ROLLS ON THE DATE THE DISPUTE AROSE AND ALL FUTURE EMPLOYEES OF THAT ESTABLISHMENT.

V) WHEN DOES AN AWARD COME INTO OPERATION OR BECOME ENFORCEABLE ?

IT BECOMES ENFORCEABLE ON THE EXPIRY OF 30 DAYS FROM THE DATE OF ITS PUBLICATION BY THE GOVERNMENT .

NOTE :

UNDER THIS PROVISION, GOVERNMENT EMPOWERED TO HOLD UP THE ENFORCEMENT OF THE AWARD IN PART OR FULL IN PUBLIC INTEREST BUT MUST THEN PUT UP THE AWARD BEFORE THE LEGISLATURE FOR A FINAL DECISION ON ITS ENFORCEMNET

VI) WHAT IS THE PERIOD OF VALIDITY OF AN AWARD ?

AS PER SECTION 19(3) IT SHALL BE IN FORCE FOR ONE YEAR FROM THE DATE IT BECOMES ENFORCEABLE UNDER SECTION 17(A) STATE GOVERNMENT CAN EXTEND THIS PERIOD FOR ONE YEAR AT A TIME SUBJECT TO THE TOTAL VALIDITY PERIOD NOT EXCEEDING THREE YEARS. UNDER SECTION 19(4) GOVERNMENT EMPOWERED TO SEEK REDUCTION OF THE NORMAL PERIOD BY REFERRING IT TO THE ADJUDICATING AUTHORITY.

VII) WILL THE OBLIGATIONS ON THE PARTIES CEASE ON EXPIRY OF THE VALIDITY PERIOD ?

OBLIGATIONS CONTINUE EVEN AFTER THE VALIDTY PERIOD TILL PROPER NOTICE OF TERMINATION IS GIVEN UNDER Sn.19(6) AND TWO MONTHS HAVE ELAPSED FROM DATE OF NOTICE.

VIII) WHO IS COMPETENT TO ISSUE NOTICE OF TERMINATION ?

ONLY A PARTY REPRESENTING THE MAJORITY OF THE PERSONS BOUND BY THE AWARD CAN ISSUE A VALID NOTICE OF TERMINATION.