CHAPTER II
AUTHORITIES UNDER THIS ACT
3. Works Committee. - (1) 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 Work Committee consisting of representative of employer 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. The representatives of the workmen engaged in the establishment and in consultation with their trade union if any, registered under the Indian Trade Unions Act, 1927 (16 of 1927).
(2) It Shall be the duty of the Works Committee to promote measure, for securing and preserving amenity 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.
4. Conciliation Officers.
(1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it think fit, to be Conciliation Officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.(2) 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.
5. Board o Conciliations
(1) The appropriate Government may as occasion arises, by notification in the Official Gazette, constitute a Board of Conciliation for promoting the settlement of any industrial dispute.(2) A Board shall consist of a Chairman and two or four other members, as the appropriate Government thinks fit.
(3) The Chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of the party :
Provided that if the appropriate Government notifies the Board that the services of the Chairman or of any other member have ceased to be available, the Board shall not act until a new Chairman or member, as the case may be, has been appointed.
6. Court of inquiry
(1) The appropriate Government may as occasion arises by notification in the Official Gazette, constitute a Court of inquiry for inquiring into any 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 consist 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 of any vacancy in its number :
Provided that, if the appropriate Government notifies the Court that the service of the Chairman has ceased to be available, the Court shall not act until a new Chairman has been appointed.
7. Labour Courts
(1) 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 matters specified in the Second Schedule and for performing such other functions as the case may be assigned to them under this Act.(2) A labour Court shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless -(a) he is, or has been, a Judge of a High Court : or
(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge ; or
(c) [omitted by Act 46 of 1982 S. 3]
(d) he has held any judicial office in India for not less than seven years; or
(e) he has been the Presiding Officer of a labour Court constituted under any Provincial Act or State Act for not less than five years.
7-A Tribunals
(1) 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, whether specified in the Second Schedule or the Third Schedule 1[and for performing such other functions as may be specified to them under this Act.](2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be less qualified for appointment as the presiding Officer of a Tribunal unless -
(a) he is, or has been, Judge of a High Court ; or
(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; 2[* *].
(b) [omitted by Act 46 of 1982 S. 4].
(4) The appropriate Government may, if it so thinks fit, appoint two persons at assessors, to advise the Tribunal in proceeding before it.
7-B 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 Tribunals unless 3[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 Tribunals in the proceeding before it.
7-C Disqualifications for the Presiding Officer of Labour Courts, Tribunals and National Tribunals. - No person shall be appointed to, or continue in, the office of the presiding officer of a Labour Court, Tribunal or National Tribunal, if-
(a) he is not an independent person; or
(b) he has attained the age of sixty five years.
8. Filling of vacancies - if, for any reason a vacancy (other than a temporary absence) occurs in the office of the Presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the Chairman or any other member of a Board or Court, then in the case of a National Tribunal, the Central Government, and in any other case, the appropriate Government, shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the preceding may be continued before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage at which the vacancy is filled.
9. Finality of orders constituting Boards, etc.
(1) No order of the appropriate Government or the Central Government appointing any person as the Chairman or any other member of a Board or Court or as the presiding officer of a Labour Court Tribunal or National Tribunal shall be called in question in any manner ; and no act or proceeding before any Board or Court shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or Court.(2) No settlement arrived at in the course of conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) of section 12 or sub-section (5) of section 13, as the case may be.
(3) Where the report of any settlement arrived in the course of conciliation before a Board is signed by the Chairman and all the other members of the Board, on such settlement shall be invalid by reason only the causal or unforeseen absence of any of the members (including the Chairman) of the Board, during any stage the proceeding.
