INDUSTRIAL DISPUTE ACT,1947
BY
SMART LEARNING WAY
INTRODUCTION OF INDUSTRIAL DISPUTE ACT,1947
·
The Industrial
Disputes Act, 1947 came into existence in April 1947. It was enacted to make provisions for
investigation and settlement of industrial disputes and for providing certain
safeguards to the workers.
·
"INDUSTRIAL
DISPUTE" means any dispute between employers and employers, or between
employers and workmen, or between workmen and workmen, which is connected with
the employment or non-employment or the terms of employment or with the
conditions of labour, of any person.
·
Indian trade
disputes act,1929 was the first legislation in India for the settlement of
industrial disputes. Initially, the act was made to remain in force for 5
years. In 1932 certain amendments were
carried out in the act in 1934, in consultation with the provincial
governments, the central governments made the act to remain in permanent force.
this act, inter alia, provided for the settlement of disputes by appointment of
‘court of inquiry’ and ‘board of conciliation’ upon an application to the
government by any party in disputes. The illegal strikes were banned under the
act.
· In 1938, Bombay industrial
development act was enacted. Under this act, an inquiry was made compulsory
before declaration of strikes or
lock-outs. This was made, In fact, to ensure uninterrupted working of
industries Subsequently, after the outbreak of world war-2, defiance India
rule( DIR ) was enforced In 1939. under section 81a of DIR, strikes and
lock-outs were banned in the public
utility services. In other establishments, prior notice was compulsory for
strikes or lock-out.
OBJECTIVE OF INDUSTRIAL DISPUTES ACT
An Act
to make provision for the investigation and
settlement of industrial disputes, and for certain other
purposes. whereas it is expedient
to make provision for the investigation
and settlement of industrial
disputes, and for certain other purposes
here in after appearing.
The preamble to the act reads thus, ‘ an act
to make provision for the investigation and settlement of industrial disputes
and for certain other purposes.’
on the
basis of various judgments given from time to time by the supreme court, the
principal objective of the act may be
stated as below:
a) To ensure social justice to both employers and
employees and advance progress of industry by bringing about harmony and
cordial relationship between the parties.
b) To settle disputes arising between the capital
and labour by peaceful methods and through the machinery of conciliation,
arbitration and if necessary, by
approaching the tribunals constituted
under the act.
If disputes are not settled, it would result
in strikes or lock-outs and entail dislocation of work, essential to the life
of the community.
c) To
promote measures for securing and preserving amity and good relations between
the employer and workmen.
d) To
prevent illegal strikes and lockouts.
e) To provide compensation to workmen in cases of
layoff, retrenchment and closure.
f) To
protect workmen against victimizations by the employer and to ensure
termination of industrial dispute in a peaceful manner.
g) To
promote collective bargaining.
DEFINITIONS OF INDUSTRIAL DISPUTES ACT
As per section 2(K) ‘industrial disputes’
means any disputes or difference between employers and employers, or between
employers or workman, or between workman and workman, which is connected with
the employment or non employment or with the conditions of labour, or of any person.
The
above definition of industrial disputes brings out the following essential
ingredients:
1) There should be a disputes or difference;
2) The disputes or difference may be between:
a) employer and employer, or
b) employer and workman, or
c) workman and workman.
3)
The disputes or difference may be connected with:
a)
employment, or
b)
non employment, or
c)
the terms of employment , or
d) conditions of labour of any
person, and
4)
The disputes should relate to a industry.
Definitions of industry(section 2)
industry is defined I the
oxford dictionary as ‘diligent or systematic activity’. Section 2(J) of he act
defines industry as follows:
“industry” means
any business, trade, undertaking, manufacture or calling of employers and
includes any calling, service, employment, handicraft or industrial occupation
or vocation of workmen.
from
the above definition, industry appears to mean:
1) A business, such as merchandising,
2) A trade, such as cutler,
3) A manufacture, such as flour milling
4) An undertaking, such as electricity company,
5) A calling, such as architect,
6) A services, such as transporter, or
7) An employment, which is a general term
covering. Perhaps, the rest of the vocations.
Definition of workman section 2(s)
‘workman’ is defined in section 2(s) of the
act as follows:
“ workman
means ay person ( including a apprentice) employed I any industry to do any manual, unskilled,
skilled technical operational, clerical or supervisory work for hire reward,
whether the terms of employment be express or implied ad for the purposes of an
proceeding under this act in relation to an industrial disputes, include any
such person, who has been dismissed, discharged or retrenched I connection with or as a consequence of that disputes or
whose dismiss discharge or retrenchments has led to that disputes, but does not
include ay such person-
1) Who is subjects to the air force act,1950 the
navy act, 1957;or
2) Who is employed in police services or as an
officer or other employee of a prison ; or
3) Who is employed mainly n a managerial or
administration capacity; or
4) Who, being employed in a supervisory capacity,
draws wag exceeding one thousands six sundered rupees per men exercises, either
by the nature of the duties attached to the officer or by reason of the powers
vested in him, functions mainly of managerial nature.
The definition of workman has three essential
parts:
- statutory meaning of workman;
- Legal
fiction, and
- Categories
of persons excluded.
Definition of strikes
As per
section 2(Q) “ strikes” means cessation of work by a body of persons employed
In an industry acting in combination or
a concerned refusal or a refusal under a common understanding of any number of
persons who are or have been so employed to continue to work or to accept
employment.
The
essential ingredients of the definitions are:
1) There must be cessation of work;
2) The cessation of work must be by a body of
persons employed in any industry, as defined in section 2(j) of the act;
3) The strikes must have been acting in
combination, or
4) There must be concerted refusal; or
5) Refusal under a common understanding of any
number of persons who are or have been so employed to continue to work or o
accept employment.
strikes
is weapon I the hands of workman or employees, as tactic in bargaining. Strikes
may be the form of general
strikes, go slow, stay in, sit down, pen-down, tool down,
work-to-rule, gherao, hunger strikes9 or sympathetic strikes.
however ,
In strikes, the workmen have intention to
resume to the work. Mere absence from work does not amount to taking part in
strike within the meaning of the industrial act, 1947. there should be some
evidence to show that absence from the duty was the result of some concert
between him and other persons that they would not continue to work it is also
necessary that should e log hours of strikes. Stoppage ad refusal to work, even
for a few hours only, would amount to a strikes, when there was a concert ad
combination of the workers in stopping and refusing to work.
Definition of lock-outs
As per section 2(I)Lock-out means the
temporary closing of a place of employment or the suspension of work or the
refusal by an employer to continue to employ any number of persons employed by
him.
The
definition of lock-out has three ingredients:
1) There should be temporary closing of place of
employment, or
2) There should be suspension of work, or
3) There should be refusal to continue to employ
any number of persons employed by the employer.
4) lock-out is an antithesis to strike. It is a
weapon I the hands of the employer, as a tactic in bargaining. Lock-out is not
a closure in lock-out the employer does have intention to continue business, if
the workman accept his demands. There is no severance of employer-employee
relationship it, rather, indicates existence of a industrial disputes. Lock-out
is not a fundamental right of an employer.
Definition of lay-off
As per section 2 (kkk) lay-off with its
grammatical variations and cognate expressions means ‘the failure, refusal or
inability of an employer on account of shortage of coal, power or raw materials
or the accumulation of stocks or the break down of machinery or natural calamity
or for any other connected reason to give employment to a workman whose name is
borne on the muster rolls of his industrial establishments and who has not been
retrenched’.
for
this purpose, every workman whose name is borne on the muster rolls of the industrial
establishments and who presents himself or work
the establishments at the time appointed for the purpose, during the
normal working hours on any day ad is not given employment by the employer
within two hours on any day and is not deemed to have bee laid-off for that
day within the meaning of this clause.
It is provided that if
the workman, instead of being give employment at the commencement of any shift
for any day is asked to presents himself for the purpose during the second half
of the shift for the day and is given employment then he shall have been
laid-off only for one half of that day:
Definition of retrenchment
As per section 2(oo) ‘retrenchment’ means the
termination by the employer of the service of a workman for any reason
whatsoever, otherwise than as a punishment inflicted by way of disciplinary
action but does not include-
a)Voluntary retirement of the workman; or
b) Retirement of he workman on reaching the
age of superannuation, if the contract of employment between the employer and
workman concerned contains a stipulation in that behalf; or
c) Termination of the service of the workman
as a result of the non renewal f the contract of employment between the
employer and the workman concerned on its expiry or of such contract being
terminated under stipulation on hat behalf contained therein ; or
d) Termination of the service of a workman on
the ground of continued ill-health.
retrenchment means the termination by employer of the service of a
workman for ‘any reason whatsoever’4, except those expressly excluded y he
definition.
this
wide literal meaning is more preferable to the natural contextual and arrow
meaning, viz. discharge of surplus labour.
Definition of appropriate government
Section 2(a)defines appropriate government in
vey specific terms. It means:
(a) in relation to any
industrial disputes concerning any industry carried on by or under the
authority of the central government or
by a railway company or concerning any such controlled industry such as
may be specified or in relation to an industrial disputes concerning a banking or an insurance company, a mine, or an oil
field, or a major port, the central government;
and
(b) in relation to any other industrial disputes, the state
government.
The central government is the appropriate
government for:
- Any industry
carried on by under the authority of the central government;
- any industry carried on by a railway
company;
3. any controlled industry ‘
(it should be so specified in this
behalf for the purposes of s.2(a) (I)of the I.D. act( Bijay cotton mills
ltd.vs. their workmen -1960 ILLJ.262(sc) ;
- ESI
corporation;
- The Indian
airlines and air India corporation;
- The
agricultural refinance corporation;
- The deposit
insurance corporation;
8 The unit trust of India;
9. A banking company;
- An
insurance company;
- A mine;;
12.
An oil-field;
- A cantonment
board;
- A major
port;
‘carried on by or under the authority of the government' means either
the industry carried on directly by a department of the government such as posts and telegraphs or
the railways or one carried on by such department through any other agency.
AUTHORITIES UNDER THE INDUSTRIAL DISPUTES ACT,
1947
·
The Acts provides
an elaborative and effective machinery for bringing about Industrial Peace by
setting up the following Authorities for the Investigation and Settlement of
industrial Disputes.
·
Courts of enquiry
·
Work committee
·
Conciliation
proceedings
·
Labour courts
·
Arbitration
·
Industrial and
national tribunal (procedures, powers and duties)
COURTS OF ENQUIRY
(1) The appropriate Government may as occasion
arises by notification in the Official Gazette, constitute a Court of Inquiry
for inquiring into an matter appearing to be connected with or relevant to an
industrial dispute
(2) A Court may consist of one independent
person or of such number of independent persons as the appropriate Government
may think fit and where a Court consists of two or more members, one of them
shall be appointed as the chairman.
(3) A Court, having the prescribed quorum, may
act notwithstanding the absence of the chairman or any of its members or any
vacancy in its number:
Provided
that, if the appropriate Government notifies the Court that the services of the
Chairman have ceased to be available, the Court shall not act until a new
chairman has been appointment
WORK COMMITTEE
- In the case of any industrial
establishment in which one hundred or more workmen are employed or have
been employed on any day in the preceding twelve months the appropriate
Government may by general or special order require the employer to
constitute in the prescribed manner a Works Committee consisting of
representatives of employers and workmen engaged in the establishment so
however that the number of representatives of workmen on the Committee
shall not be less than the number of representatives of the employer.
- It shall be
the duty of the Works Committee to promote measures for securing and
preserving amity and good relations between the employer and workmen and,
to that end, to comment upon matters of their common interest or concern
and endeavour to compose any material difference of opinion in respect of
such matters.
CONCILIATION PROCEEDINGS
·
The appropriate
Government may, by notification in the Official Gazette, appoint such
conciliation officers, charged with the duty of mediating in and promoting the
settlement of industrial disputes.
·
A conciliation
officer may be appointed for a specified
area or for specified industries in a specified area or for one or more
specified industries and either permanently or for a limited period.
·
The appropriate
Government may as occasion arises by notification in the Official Gazette
constitute a Board of Conciliation for promoting the settlement of an
industrial dispute.
·
A Board shall
consist of a chairman and two or four other members, as the appropriate
Government thinks fit.
LABOR COURTS
·
The appropriate
Government may, by notification in the Official Gazette, constitute one or more
Labour Courts 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 then, under this Act.
·
A Labour Court
shall consist of one person only to be appointed by the appropriate Government.
ARBITRATION
·
The Arbitration and Conciliation Act, 1996
came into force with effect from 22.8.1996. It consolidates and amends the law
relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards.
·
It applies to the
whole of India. It applies to the State of Jammu and Kashmir to the extent of
the provisions relating to enforcement of foreign awards, which apply in full,
other provisions apply insofar as they relate to international commercial
arbitration or conciliation. The Act is based on the conciliation rules adopted
by the United Nations Commission on International Trade (UNCITRAL)
WHAT IS ARBITRATION?
·
Arbitration is a
process of dispute resolution in which a neutral third party (called the
arbitrator) renders a decision after a hearing at which both parties have an
opportunity to be heard. It is the means by which parties to a dispute get the
same settled through the intervention of a third person, but without having
recourse to court of law.
TRIBUNALS
The appropriate Government may, by
notification in the Official Gazette, constitute one or more Industrial
Tribunals for the adjudication of industrial disputes relating to any matter
and for performing such other functions as may be assigned to them under this
Act.
A Tribunal shall consist of one person only to
be appointed by the appropriate Government.
INDUSTRIAL TRIBUNAL
According to Section 7
of the Industrial Dispute Act, 1947 the appropriate government has the
authority to appoint the tribunals for adjudicating on the matters of
industrial dispute .Generally a tribunal is appointed for adjudicating on the
matters which have failed to form a solution through the other machinery of
conciliation authorities .These Tribunals are somewhat different from courts
though they have been empowered to adjudicate on industrial disputes.
NATIONAL TRIBUNALS
(1) The Central Government may, by notification in
the Official Gazette, constitute one or more National Industrial Tribunals 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.
(2) A National Tribunal shall consist of
one-person only to be appointed by the Central Government.
(3) A person shall not be qualified for
appointment as the presiding officer of a National Tribunal unless he is, or
has been, a Judge of a High Court.
(4) The Central Government may, if it so
thinks fit, appoint two persons as assessors to advise the National Tribunal in
the proceeding before it.
PROCEDURE OF INDUSTRIAL 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.
(2) A conciliation officer or a member of a
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.
3) Every Board, court, 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, 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).
(4) A conciliation officer 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 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).
(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.
(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).
(7) Subject to any rules made under this Act
the costs of, and incidental to, any proceeding before a National Tribunal shall be in the discretion
of that National Tribunal, and the
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.
(8) Every
National Tribunal shall be deemed to be civil court for the purposes of
sections 345, 346, and 348 of the Code of Criminal Procedure, 1973 (2 of 1974).
POWERS OF
NATIONAL TRIBUNAL
Where an industrial dispute relating to the
discharge or dismissal of a workman has been referred to a National Tribunal for adjudication and, in
the course of the adjudication proceedings, the National Tribunal, as the case
may be, 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 direct reinstatement of the workman on such terms and conditions,
if any, as it thinks fit, or give such other
relief to the workman including the award of any lesser punishment in lieu of
discharge or dismissal as the circumstances of the case may require:
PROVIDED that in any proceeding under this
section the National Tribunal, as the
case may be, shall rely only on the materials on record and shall not take any
fresh evidence in relation to the matter.
DUTIES OF NATIONAL TRIBUNALS
Where an industrial dispute has been referred
to a National Tribunal for adjudication, it shall hold its proceedings
expeditiously and shall, [within the period specified in the order referring
such industrial dispute or the further period extended under the second proviso
to sub-section (2A) of section 10], submit its award to the appropriate
government.
MATTERS WITH IN THE JURISDICTION OF INDUSTRIAL TRIBUNALS (SECTION 7A)
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. Rationalization;
10.Retrenchment of workmen and closure of establishment;
11. Any other matter that may be prescribed.
MACHINERY PROVIDED FOR SETTLEMENT OF
INDUSTRIAL DISPUTE ACT, 1947.
Works Committee Sec.3
Conciliation Officer Sec.4
Board of Conciliation Sec.5
Courts of Enquiry Sec.6
Labour Courts Sec.7
Industrial Tribunal Sec.7A
National tribunal Sec.7B
Works committee Sec.3
Where?:
In the case where industrial Establishments with 100 or more workers
Members:
Equal number of representatives of the Employer and Employees but total
No. shall not exceed 20.
Objective: promotion of good relationship
between employer and employee(s).
Conclusion: it may be noted that
committee cannot decide and pass final
judgment .The recommendation of committee are not binding.
Conciliation Officer Sec.4
Appointed by the appropriate Government.
Duty: Settlement of industrial disputes.
Nature : Appointed for a specified area or for
specified industries in a specified area or for one or more specified
industries and either permanently or for a limited period.
Board of Conciliation Sec.5
Appointed by the appropriate Government as
occasion arises for settlement of disputes.
Members: Chairman and 2 or 4 other members.
independent Person.
Objective: To induce the parties to come to a
fair and amicable settlement of the dispute.
Courts of Enquiry Sec.6
Constituted by the appropriate Government as
occasion arises for inquiring into any matter appearing to be connected with or
relevant to an industrial dispute.
Members: A Court may consist of one or more
independent persons.
Objective : to enquire the matter referred to
it by appropriate Govt.& to make a report on matter.
Labour Courts Sec.7
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.
Members: Court shall consist of one person
only
Submit
its a Award to the appropriate Govt. soon after the conclusion of proceedings.
Industrial Tribunals Sec.7a
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.
Members : it shall consist of one person only
.
National tribunals Sec.7b
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.
Members : consists of only one person.
w Period of Binding
Settlements:
w A settlement arrived at in the course of
conciliation proceedings is binding for a period agreed upon by the parties.
w If no such period is agreed upon, the
settlement will remain in force for a period of 6 mths. From the date on which
the memorandum of settlement is signed by the parties to the dispute.
w It will continue to be binding until the
expiry of 2 mths from the date on which one of the parties gives notice in
writing to the other of its intention to terminate the settlement.
Awards:
- An award is
binding & will come into operation on the expiry of 30 days from the date
of its publication.
- It will
remain in operation for a period of 1 year from the date on which the
award becomes enforceable.
- Government
may reduce the said period & fix such periods as it thinks fit. The
government may also extend the period of operation by any period not
exceeding 1 yr. at a time but the total period of operation of any award
cannot exceed 3 yrs. From the date on which it comes into operation.
- Even if
period of operation of an award
expires, it shall be binding on the parties until 2 mths have elapsed from
the date on which notice is given by one party bound by the award to the
other party intimating its intention to terminate the award.
- If for any reason
the award does not become enforceable, it can never come into operation.
The date on which an award comes into operation may or may not be the date on which it becomes
enforceable.
w Penalties
Penalty for breach of settlement or award:
- Shall be punishable with imprisonment for a term which may extend to 6 months. Or with fine.
- Or with both (and where the breach is continuing one, with a further fine which may extend to Rs. 200 for every day during which the breaches continues after the conviction for the first.
- The court
trying the offence, if it fines the offender, may direct that the whole or
any part of the fine realized from him shall be paid, by way of
compensation, to any person who, in its opinion, has been injured by such
breach.
strike and lockout in public utility services.
Sec.22 of the Industrial Disputes Act provides
that:
(1) No person employed in a public utility
service go on strike in breach of contract:
(a) without giving notice of strike to the
employer within six weeks before
striking, or
(b) within 14 days of giving notice, or
(c)before the expiry of the date of strike
specified in any such notice as
aforesaid, or
(d) during the pendency of any conciliation
proceedings and 7 days after the conclusion of such proceedings.
(2) No employer on any public utility service
shall lockout any of his workmen
(a) without giving them notice of lock-out as
herein after provided within six weeks before locking out; or
(b) within 14 days of giving such notice; or
(c) before the expiry of the date of lockout
specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation
proceeding before Conciliation Officer
and seven days after the conclusion of such proceedings.
Difference between lock-out and retrenchment
(1)Temporary or permanent: Lockout is
temporary measure, while retrenchment is permanent.
(2) Relationship: In lockout the
relationship of employer and employee is only suspended; it does not come to an
end. In retrenchment such a relationship is severed at the instance of the
employer.
(3) Motive: Lockout is with a motive to
coerce the workmen; the intention of retrenchment is to dispense with surplus
labour.
(4) Trade dispute: Lockout is due to an
industrial dispute, whereas in case of
retrenchment, there is no such dispute
Strike is the ‘act of quitting work done by
mutual understanding by a body of workmen as a means of enforcing compliance
with demands made on their employer, a stopping of work by workmen in order to
obtain or resist a change in conditions of employment’.
Lock-out is temporary suspension by employer to give employment to the
workmen, unless the workmen accept the demands of the employer.
CONCLUSION
An industrial dispute may be defined as a
conflict or difference of opinion between management and workers on the terms
of employment. It is a disagreement between an employer and employees'
representative; usually a trade union, over pay and other working conditions
and can result in industrial actions.
When an industrial dispute occurs, both the
parties, that is the management and the workmen, try to pressurize each other.
The management may resort to lockouts while the workers may resort to strikes,
picketing or gheraos.
It ensures harmonious relations through:
a) Monitoring of industrial relations in
Central Sphere.
b) Intervention, mediation and conciliation in
industrial disputes in order to bring about settlement of disputes.
c) Intervention in situations of threatened
strikes and lockouts with a view to avert the strikes and lockouts.
d) Implementation of settlements and awards.
Industrial Tribunals are independent judicial
bodies that hear and determine claims to do with employment matters. These
include a range of claims relating to unfair dismissal, breach of contract,
wages/other payments, as well as discrimination on the grounds of sex, race,
disability, sexual orientation, age, part time working or equal pay.
The
Central Government may, by notification in the Official Gazette, constitute one
or more National Industrial Tribunals 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.
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BHARAT PUBLICATION HOUSE
OXFORD
UNIVERSITY PRESS, 1979
