Disciplinary in Ind. Process (28-35) Flashcards
s3
works committee
works comittee
AGM
by gen or special order
require ER to constitute w. comm
in ind. establishments where 100/+ workment engaged or employed on any working day in the last 12 mos.
composition of works committee
rep. of ER and Workmen engaged in Ind.
duties of w. comm.
amity and good EER, comment on common concerns and disputes
s4
conciliation officer
s4
conciliation officer
conciliation officer
agm by notif
appoint as many cc-‘s as deemed fit
duties of cc officers
hold cc- proceedings for >ida, >apprehension of ida, >pursuant to notice u/s22 in PuS
investigation
facilitate settlement
arrive at settlement
report to govt.
s5
cc board
cc board duties
settletn, investiagation, report (if no settlement, reasons and recs)
cc board
chairman + 2/4 members AGDM
s6
courts of inquiry
courts of inquiry
AGMD
acc to occasion
by notif
constitute CoI relevant to ID
composition of CoI
1/+ independent persons AGMD
if 2/+, one appt. as chairman
duties of CoI
inquire, submit report w/in 6 mos (not mandatory time limit)
s7
labour courts
labour courts
consituted to deal with 2nd schedule matters / 3rd schedule matters if <100 workers affected
2nd schedule
legality of ER order u/Standing orders
application and interpretation of Standing Orders
discharge/dismissal of workmen
legality of S/L
LC composition
AGDM, 1/+ constituted
only 1 person = presiding officer who must have been:
- a HC judge
- DJ/ADJ for 3y
- judicial officer II for 7y
- presiding officer of LC u/ any provisional or state act for 5y
duties of LC
hold proceedings expertiously
submit award to AG
- no fixed time period
- no technicalities of civil court
duties of LC
hold proceedings expertiously
submit award to AG
- no fixed time period
- no technicalities of civil court
s7a
industrial tribunal
IT
AGM by notif
constitute 1/+ for adj of ID’s under 2nd Sch, 3rd Sch, any other f(x)’s under act
3rd Schedule
wages
allowance
hours of work
leaves
bonus
composition of IT
1 person, presiding officer, must have been:
- HC judge
- DJ/ADJ for 3 years
- <65 y/o
- independent person
+ 2 assessors if required
s7b
national tribunal
national tribunal
AGM constitute 1/+ NT’s for Q’s of national imp/issues of ID’s where 1+ states are likely to be involved
composition of NT
1 person = presiding officer who must have been:
- HC judge
- <65 y/o
- independent person
+ 2 assessors if required
s10
reference of disputes
admin act
not mandatory for Cc proceedings to conclude to refer
govt. cannot cancel reference, only add or transfer issues
process of reference of disputes
- ID arises
- party/parties representing the majority apply to AG
- AG once satisfied refers to cc board
- if cc failed, referred to CoI
- compulsory adj:
- if 2nd Sch dispute or 3rd Sch dispute involving <100 workers, referred to LC
- if 2nd Sch dispute or 3rd Sch dispute, referred to IT
J.B. Mangharam & Co. v. Kher, A.I.R. 1956
The Tribunal may be constituted for any limited or for a particular case or area. If appointed for a limited period, it ceases to function after the expiry of the term even when some matters are still pending.
Claridge & Co. Ltd. v. Industrial Tribunal
when a Tribunal concludes its work and submits its award to the appropriate Government, it does not extinguish the authority of the Tribunal nor does it render the Tribunal functus officio.
State of Madras v. C.P. Sarathy
order making a reference is an administrative act and it is not a judicial or quasi-judicial act
If reference to dispute is made in general terms and disputes are not particularised, the reference will not become bad provided the dispute in question can be gathered by Tribunal from reference and surrounding facts
