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    ID ACT Kavya

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    SAURABH SINGH
    The document discusses the procedure and powers of various authorities involved in industrial dispute resolution such as conciliation officers, boards, courts, labor courts, tribunals and national tribunals. It states that these authorities can determine their own procedures, enter premises of establishments for inquiries, have same powers as civil courts for enforcing attendance and production of documents, appoint experts to advise them, and recover costs from proceedings as arrears. It also deems them as civil courts for purposes of certain sections of criminal procedure code dealing with contempt of courts.

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    ID ACT Kavya

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    SAURABH SINGH
    40 views7 pages
    The document discusses the procedure and powers of various authorities involved in industrial dispute resolution such as conciliation officers, boards, courts, labor courts, tribunals and national tribunals. It states that these authorities can determine their own procedures, enter premises of establishments for inquiries, have same powers as civil courts for enforcing attendance and production of documents, appoint experts to advise them, and recover costs from proceedings as arrears. It also deems them as civil courts for purposes of certain sections of criminal procedure code dealing with contempt of courts.

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    The document discusses the procedure and powers of various authorities involved in industrial dispute resolution such as conciliation officers, boards, courts, labor courts, tribunals and national tribunals. It states that these authorities can determine their own procedures, enter premises of establishments for inquiries, have same powers as civil courts for enforcing attendance and production of documents, appoint experts to advise them, and recover costs from proceedings as arrears. It also deems them as civil courts for purposes of certain sections of criminal procedure code dealing with contempt of courts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views7 pages

    ID ACT Kavya

    Uploaded by

    SAURABH SINGH
    The document discusses the procedure and powers of various authorities involved in industrial dispute resolution such as conciliation officers, boards, courts, labor courts, tribunals and national tribunals. It states that these authorities can determine their own procedures, enter premises of establishments for inquiries, have same powers as civil courts for enforcing attendance and production of documents, appoint experts to advise them, and recover costs from proceedings as arrears. It also deems them as civil courts for purposes of certain sections of criminal procedure code dealing with contempt of courts.

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    © All Rights Reserved
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    of 7

    11.

    Procedure and powers of conciliation officers, Board, courts and Tribunals and National
    Tribunals

    (1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, court, Labor Court,
    Tribunal or National Tribunal shall follow such procedure as the arbitrator or other authority
    concerned may think fit.

    With subject to any rules made under this act, an arbitrator, a Board, court, Labor
    Court, Tribunal or National Tribunal shall follow such procedure as the concerned
    authority may think fit.

    (2) A conciliation officer or a member of a board 74[or court or the presiding officer of a Labor
    Court, Tribunal or National Tribunal] may for the purpose of inquiry into any existing or
    apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by
    any establishment to which the dispute relates.

    As part of the investigation and settlement of industrial disputes,


    conciliation officer or a member of a board or court or the presiding
    officer of a Labor Court, Tribunal or National Tribunal can enter the
    premises of industrial establishment after giving notice

    (3) Every Board, court, 75[Labor Court, Tribunal and National Tribunal] shall have the same powers as are
    vested in a Civil Court under the Code of Civil Procedure,1908 (5 or 1908), when trying a suit, in respect
    of the following matters, namely:-

    (a) enforcing the attendance of any person and examining him on oath;

    (b) compelling the production of documents and material objects;

    (c) issuing commissions for the examination of witnesses;

    (d) in respect of such other matters as may be prescribed, and every inquiry or investigation by a Board,
    court, 76[Labor Court, Tribunal or National Tribunal, shall be deemed to be a judicial proceeding within
    the meaning of sections 193 and 228 of the Indian Penal Code (45 to 1860).

    Every board, court or tribunal have same powers as civil court under
    Code of civil procedure, 1908 in issues pertaining to enforcing
    attendance, examining on oath, compelling document production and
    issuing commissions for further inquiry.
    (4) A conciliation officer 77[may enforce the attendance of any person for the purpose of examination of
    such person or call for] and inspect any document which he has ground for considering to be relevant to
    the industrial dispute 78[or to be necessary for the purpose of verifying the implementation of any award or
    carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the
    conciliation officer shall have the same powers as are vested in a civil court under the Code of Civil
    Procedure, 1908 (5 of 1908), 77[in respect of enforcing the attendance of any person and examining him
    or of compelling the production of documents]]

    the conciliation officer shall have the same powers as civil court under the Code
    of Civil Procedure, 1908 in respect of enforcing the attendance of any person,
    examining him, compelling the production of documents necessary to verify
    implementation of award

    [(5) A court, Labor Court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more persons
    having special knowledge of the matter under consideration as an assessor or assessors to advise it in
    the proceeding before it.

    Persons with deep knowledge in subject matter can be appointed by court, Labor
    Court, Tribunal or National Tribunal to advise the concerned authority in
    proceedings

    (6) All conciliation officers, members of a Board or court and the presiding officers of a Labor Court,
    Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 21 of
    the Indian Penal Code (45 of 1860).

    Self explanatory

    IPC Section 21:

    The words “public servant” denote a person falling under any of the descriptions hereinafter
    following, namely:

    Every Judge including any person empowered by law to discharge, whether by himself or as a
    member of any body of persons. any adjudicatory function

    Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it
    is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or
    keep any document, or to take charge or dispose of any property, or to execute any judicial
    process, or to administer any oath, or to interpret, or to preserve order in the Court, and every
    person specially authorized by a Court of Justice to perform any of such duties

    Every arbitrator or other person to whom any cause or matter has been referred for decision or
    report by any Court of Justice, or by any other competent public authority

    (7) Subject to any rules made under this Act the costs of, and incidental to, any proceeding before a
    Labor Court, Tribunal or National Tribunal shall be in the discretion of that Labor Court, Tribunal or
    National Tribunal, and the Labor Court, Tribunal or National Tribunal, as the case may be, shall have full
    power to determine by and to whom and to what extent and. subject to what conditions, if any, such costs
    are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on
    application made to the appropriate government by the person entitled, be recovered by that government
    in the same manner as an arrear of land revenue.

    Any labor court, Tribunal or National Tribunal shall have complete power to determine
    who is paying to whom and the conditions of payment for the costs incurred due to
    proceedings before them. The person entitled can make an application to the appropriate
    government and the amount will be recovered as an arrear of land revenue.

    (8) Every 81[Labor Court, Tribunal or National Tribunal] shall be deemed to be civil court for the purposes
    of 82[sections 345, 346, and 348 of the Code of Criminal Procedure, 1973 (2 of 1974).]

    Every court , trib or nat trib shall be deemed to be civil court for the below purposes

    Code of criminal procedure:

    Section 345: Procedure in certain cases of contempt

    (1) When any such offence as is described in


    section 175- Omission to produce document to public servant by person legally
    bound to produce it.,
    section 178 -Refusing oath or affirmation when duly required by public servant to
    make it. ,
    section 179: Refusing to answer public servant authorised to question.,
    section 180: Refusing to sign statement.
    or section 228:Intentional insult or interruption to public servant sitting in judicial
    proceeding of the Indian Penal Code (45 of 1860) is committed in the view or
    presence of any Civil, Criminal, or Revenue Court, the Court may cause the
    offender to be detained in custody, and may, at any time before the rising of the
    Court or the same day, take cognizance of the offence and, after giving he offender
    a reasonable opportunity of showing cause why he should not be punished under
    this section, sentence the offender to fine not exceeding two hundred rupees, and,
    in default of payment of fine, to simple imprisonment for a term which may extend
    to one month, unless such fine be sooner paid.
    (2) In every such case the Court shall record the fact constituting the offence, with the
    statement (if any) made by the offender, as well as the finding and sentence.

    (3) If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record
    shall show the nature and stage of the judicial proceeding in which the Court
    interrupted or insulted was sitting, and the nature of the interruption or insult.

    Section 346: Procedure where court considers that case should not be dealt with under
    345

    (1) If the Court in any case considers that a person accused of any of the offences
    referred to in section 345 and committed in its view or presence should be
    imprisoned otherwise than in default of payment of fine, or that a fine exceeding two
    hundred rupees should be imposed upon him, or such Court is for any other reason
    of opinion that the case should not be disposed of under section 345, such Court,
    after recording the facts constituting the offence and the statement of the accused as
    hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try
    the same, and may require security to be given for the appearance of such person
    before such Magistrate, or if sufficient security is not given, shall forward such
    person in custody to such Magistrate.

    (2) The Magistrate to whom any case is forwarded under this section shall proceed
    to deal with, as far as may be, as if it were instituted on a police report.

    Section 348: Discharge of offender on submission of apology

    When any Court has under section 345 adjudged an offender to punishment,
    or has under section 346 forwarded him to a Magistrate for trial, for refusing or
    omitting to do anything which he was lawfully required to do or for any intentional
    insult or interruption, the Court may, in its discretion, discharge the offender or remit
    the punishment on his submission to the order or requisition of such Court, or on
    apology being made to its satisfaction.

    Indian Penal code:

    Section 175. Omission to produce document to public servant by person legal ly


    bound to produce it.

    Whoever, being legally bound to produce or deliver up any 2 [document or electronic


    record] to any public servant, as such, intentionally omits so to produce or deliver
    up the same, shall be punished with simple imprisonment for a term which may
    extend to one month, or with fine which may extend to five hundred rupees, or with
    both;

    or, if the 1 [document or electronic record] is to be produced or delivered up


    to a Court of Justice, with simple imprisonment for a term which may extend
    to six months, or with fine which may extend to one thousand rupees, or with
    both.

    Section 178 Refusing oath or affirmation when duly required by public servant to
    make it

    Whoever refuses to bind himself by an oath 1 [or affirmation] to state the truth, when
    required so to bind himself by a public servant legally competent to require that he
    shall so bind himself, shall be punished with simple imprisonment for a term which
    may extend to six months, or with fine which may extend to one thousand rupees, or
    with both.

    Section 179: Refusing to answer public servant authorised to question.


    Whoever, being legally bound to state the truth on any subject to any public servant,
    refuses to answer any question demanded of him touching that subject by such
    public servant in the exercise of the legal powers of such public servant, shall be
    punished with simple imprisonment for a term which may extend to six months, or
    with fine which may extend to one thousand rupees, or with both.

    Section 180 : Refusing to sign statement


    Whoever refuses to sign any statement made by him, when required to sign that
    statement by a public servant legally competent to require that he shall sign that
    statement, shall be punished with simple imprisonment for a term which may extend
    to three months, or with fine which may extend to five hundred rupees, or with both.

    Section 228 Intentional insult or interruption to public servant sitting in judicial


    proceeding.
    Whoever intentionally offers any insult, or causes any interruption to any public
    servant, while such public servant is sitting in any stage of a judicial proceeding,
    shall be punished with simple imprisonment for a term which may extend to six
    months, or with fine which may extend to one thousand rupees, or with both.

    11A: Powers of Labor Court Tribunal, and National Tribunal to give appropriate
    relief in case of discharge or dismissal of workmen

    When an industrial dispute relating to the discharge or dismissal of a workman has


    been referred to a Labor Court, Tribunal or National Tribunal for adjudication

    and if the court is satisfied that the order of discharge or dismissal was not justified,
    it may, by its award, set aside the order of discharge or dismissal

    and provide direct reinstatement of the workman on such terms and conditions, or
    give such other relief to the workman including the award of any lesser punishment
    in lieu of discharge or dismissal

    In any proceeding under this section the Labor Court, Tribunal or National Tribunal,
    shall rely only on the materials on record and shall not take any fresh evidence in relation
    to the matter

    Under S 2 (ra) "unfair labor practice" means any of the practices specified in the
    Fifth Schedule;

    Fifth schedule:

    ○ threatening workmen with discharge or dismissal, if they join a trade union;


    ○ threatening a lock-out or closure, if a trade union is organized;
    ○ granting wage increase to workmen at crucial periods of trade union organization,
    with a view to undermining the efforts of the trade union at organization.
    ○ an employer taking an active interest in organizing a trade union of his workmen;
    and
    ○ an employer showing partiality or granting favor to one of several trade unions
    attempting to organize his workmen or to its members, where such a trade union is
    not a recognized trade union.
    ● To establish employer sponsored trade unions of workmen.
    ○ discharging or punishing a workman, because he urged other workmen to join or
    organize a trade union;
    ○ discharging or dismissing a workman for taking part in any strike (not being a
    strike which is deemed to be an illegal strike under this Act);
    ● changing seniority rating or workmen because of trade union activities;
    ○ refusing to promote workmen of higher posts on account of their trade union
    activities;
    ○ giving unmerited promotions to certain workmen with a view to creating discord
    amongst other workmen, or to undermine the strength of their trade union;
    ○ discharging office-bearers or active members of the trade union on account of
    their trade union activities.

    https://www.advocatekhoj.com/library/bareacts/industrial/schedule5.php?Title=Industrial
    %20Disputes%20Act,%201947&STitle=Unfair%20Labour%20Practices

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