Authorities under Industrial dispute Act, 1947

The main purpose of this act is to prevent, settle and investigate the industrial disputes across the industries, hence the authorities under this act granted power and duties as per constitution.

Section 3 – Works Committee 

The main aspect of the sec.3(1) is that in any industrial setup the number of workmen representative shall not be less than representatives of employers in an industrial establishment, noted that 100 or more workmen employed in an day for 12 months, the appropriate government with general or special order shall constitue such works committee comprising of representatives as said above upon consulting the trade union in a prescribed manner, if registered.

The fact is that the representatives of workmen is considered to be greater than the representatives of employers, is so that the decision making power may not be laid under the employers, the mere fact is that not to weaken the workmen’s decision, the employers representatives are never considered weaker even with lesser number as they have managerial power in the industrial setup.

sub-sec 2 of sec.3 imposes the duty on works committee to promote healthy relationship between workmen and employers and take effective measures to curb dispute or difference of opinion between them and also promotes commenting upon the common interests.

the functions of works committee are divided into 2 categories, first category provides facilities to working condition like ventilation, lighting, temperature, sanitation and second category provides amenities like drinking water, dining room, medical and health facilities, safety, accidental prevention, educational and recreational activities etc.

Section 4 – conciliation officer

The appropriate government shall appoint number of persons as conciliation officer as thinks to be fit in a official notification or order, imposing duty to mediate or resolving the industrial disputes, if so such appointed officer shall work in specified area or for specified industries or for one or more industries as permanent or for limited time.

there is no qualification that mentioned for appointing person as conciliation officer, but only word mentioned in sec.4 is that ‘as thinks fit’.

conciliation means mediating or simply negotiating with parties to resolve the disputes, this was first effected in australia through conciliation and arbitration act,1904 and considering pioneer in this regard, later on in india conciliation and arbitration act, 1934 as amended in 1938.

section 5 – conciliation board

the concerned government shall appoint chairman and two or four other members in which chairman being independent person and other members represent the concerned party in the dispute who being appointed by the party in the dispute, failing which appropriate government shall appoint person to represent the party

if the chairman or members falls vacancy or absent, the board ceased to operate until new chairman or members appoints.

section 6 – court of inquiry

the appropriate government when required or when situation compels then constitues a body called court of inquiry consists of two or more members as one of them acts as chairman for inquiring matters connected to industrial dispute,

if the chairman have creased to be available, the court of inquiry will not act until new chairman appoints, the court of inquiry is operated to investigate the dispute.

section 7 – Labour courts