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Work procedure & Powers - Industrial Disputes Act(1947), Industrial Laws | Industrial Laws - B Com PDF Download

Section 11 provides that every Conciliation Officer or member of a Board or Court or Presiding Officer of a Labour Court, Industrial Tribunal or National Tribunal after giving notice can enter the premises occupied by any establishment to which the disputes relate and follow such procedure as the arbitrator or other authority concerned may think fit. They have the same power as are vested in the Civil Court under the Code of Civil Procedure, 1908 while trying a suit in matters like,
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 other such other matters as may be prescribed.
An assessor or assessors may be appointed by the Conciliation Board, Labour Court, and Court of Inquiry, Industrial Tribunal or National Tribunal for advice having special knowledge on that matter. The Conciliation Officer may enforce the attendance of any person for the purpose of examination of such person or call for and inspect the documents. The Conciliation Board, Labour Court, and Court of Inquiry, Industrial Tribunal or National Tribunal has the full power to determine to what extent, by whom and subject to what conditions costs are to be paid.
Thus, it is seen that section 11 (1) has given wide power to the Conciliation Board, Labour Court, and Court of Inquiry, Industrial Tribunal or National Tribunal in the settlement of industrial disputes.

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FAQs on Work procedure & Powers - Industrial Disputes Act(1947), Industrial Laws - Industrial Laws - B Com

1. What is the Industrial Disputes Act (1947) and what does it cover?
Ans. The Industrial Disputes Act (1947) is a legislation in India that provides a legal framework for resolving industrial disputes. It covers various aspects such as the definition of industrial disputes, provisions for strikes and lockouts, procedures for dispute resolution, and the establishment of labor courts and tribunals.
2. What is the work procedure under the Industrial Disputes Act (1947)?
Ans. The work procedure under the Industrial Disputes Act (1947) involves several steps. Firstly, when a dispute arises, the concerned parties are required to give a notice to the other party stating the nature of the dispute. If the dispute is not resolved through negotiations, conciliation proceedings may be initiated by the government. If conciliation fails, the dispute may be referred to a labor court or industrial tribunal for adjudication.
3. What powers are granted to labor courts and tribunals under the Industrial Disputes Act (1947)?
Ans. Labor courts and tribunals have significant powers under the Industrial Disputes Act (1947). They have the authority to hear and decide industrial disputes, including cases related to unfair dismissals, wage disputes, and disciplinary actions. They can summon witnesses, examine evidence, and make enforceable rulings to resolve the disputes. Their decisions can be binding on the parties involved.
4. How does the Industrial Disputes Act (1947) regulate strikes and lockouts?
Ans. The Industrial Disputes Act (1947) provides regulations for strikes and lockouts. It requires a notice period to be given before a strike or lockout can be initiated. The Act also specifies conditions under which strikes or lockouts are deemed illegal, such as during the pendency of conciliation or during the settlement or arbitration proceedings. It prohibits the employment of contract labor during strikes and lockouts.
5. What are the key provisions of the Industrial Disputes Act (1947) related to dispute resolution?
Ans. The Industrial Disputes Act (1947) has several provisions related to dispute resolution. It promotes voluntary negotiation and conciliation as the primary methods for resolving disputes. It establishes a system of labor courts and industrial tribunals to adjudicate disputes. The Act also allows for arbitration and settlement through mutual agreement. Additionally, it prohibits victimization of employees involved in disputes and provides for the reinstatement of unfairly dismissed workers.
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