The
ultimate remedy for the settlement of an industrial dispute is its
reference to adjudication by labour court or tribunals when
conciliation machinery fails to bring about a settlement.
Adjudication consists of settling disputes through intervention by
the third party appointed by the government. The law provides the
adjudication to be conducted by the Labour Court, Industrial Tribunal
of National Tribunal.
A
dispute can be referred to adjudication if hot the employer and the
recognised union agree to do so. A dispute can also be referred to
adjudication by the Government even if there is no consent of the
parties in which case it is called ‘compulsory adjudication’. As
mentioned above, the dispute can be referred to three types of
tribunals depending on the nature and facts of dispute in questions.
These include:
(a)
Labour courts,
(b)
Industrial tribunals, and
(c)
National tribunals.
The
procedure, powers, and provisions regarding commencement of award and
period of operation of award of these three bodies are similar. The
first two bodies can be set up either by State or Central Government
but the national tribunal can be constituted by the Central
Government only, when it thinks that the adjudication of a dispute is
of national importance. These three bodies are into hierarchical in
nature. It is the Government’s prerogative to refer a dispute to
any of these bodies depending on the nature of dispute.
Labour Court:
A
labour court consists of one person only, who is normally a sitting
or an ex-judge of a High Court. It may be constituted by the
appropriate Government for adjudication of disputes which are
mentioned in the second schedule of the Act.
The
issues referred to a labour court may include:
(i)The
propriety or legality of an order passed by an employer under the
Standing Orders.
(ii)
The application and interpretation of Standing Orders.
(iii)
Discharge and dismissal of workmen and grant of relief to them.
(iv)
Withdrawal of any statutory concession or privilege.
(v)
Illegality or otherwise of any strike or lockout.
(vi)
All matters not specified in the third schedule of Industrial
Disputes Act, 1947. (It deals with the jurisdiction of Industrial
Tribunals).
Industrial Tribunal:
Like
a labour court, an industrial tribunal is also a one-man body. The
matters which fall within the jurisdiction of industrial tribunals
are as mentioned in the second schedule or the third schedule of the
Act. Obviously, industrial tribunals have wider jurisdiction than the
labour courts.
Moreover
an industrial tribunal, in addition to the presiding officer, can
have two assessors to advise him in the proceedings; the appropriate
Government is empowered to appoint the assessors.
The
Industrial Tribunal may be referred the following issues:
- Wages including the period and mode of payment.
- Compensatory and other allowances.
- Hours of work and rest intervals.
- Leave with wages and holidays.
- Bonus, profit sharing, provident fund and gratuity.
- Shift working otherwise than in accordance with the standing orders.
- Rule of discipline.
- Rationalisation.
- Retrenchment.
National Tribunal:
The
Central Government may constitute a national tribunal for
adjudication of disputes as mentioned in the second and third
schedules of the Act or any other matter not mentioned therein
provided in its opinion the industrial dispute involves “questions
of national importance” or “the industrial dispute is of such a
nature that undertakings established in more than one state are
likely to be affected by such a dispute”.
The
Central Government may appoint two assessors to assist the national
tribunal. The award of the tribunal is to be submitted to the Central
Government which has the power to modify or reject it if it considers
it necessary in public interest.
It
should be noted that every award of a Labour Court, Industrial
Tribunal or National Tribunal must be published by the appropriate
Government within 30 days from the date of its receipt. Unless
declared otherwise by the appropriate government, every award shall
come into force on the expiry of 30 days from the date of its
publication and shall remain in operation for a period of one year
thereafter.
