Q.19. State provision relating to “three tier” system of adjudication under Industrial Dispute Act 1947. (AKTU. 2010 - 11)
Ans. Industrial Dispute Act 1947 provides the adjudication to be conducted by “three tier” system. These include -
(a) Labour courts (b) Industrial tribunals and (c) National tribunals.
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.
There are two situations for the government to make a reference to adjudication. These are (i) when both the parties to a dispute apply in the prescribed manner either jointly or seperatly and (ii) when the dispute relates to a public utility service and a notice of strike or lockout according to law has been given.
Labour Court: -
A labour court consist of one member 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:
(a) The propriety or legality of an order passed by an employer under the Standing Orders.
(b) The application and interpretation of Standing Orders.
(c) Discharge and dismissal of workmen and grant of relief to them.
(d) Withdrawal of any statutory concession or privilege.
(e) Illegality or otherwise of any strike or lockout.
(f) All matters not specified in the third schedule of Industrial Disputes Act, 1947.
Industrial Tribunal: -
An industrial tribunal is also a one-member 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. It has wider jurisdiction than labour courts. Moreover an industrial tribunal, in addition to the presiding officer, can have two assessors to advise him in the proceeding. The Industrial Tribunal may be referred the following issues:
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 the standing orders.
7. Rules of discipline.
8. Rationalisation.
9. Retrenchment.
10. Any other matter that maybe prescribed.
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.
Q.20. Explain the major provisions of code of discipline. (AKTU. 2012-13)
Ans. Provisions in the code of Discipline: -
All central organizations of employees and workers have voluntarily accepted the ‘Code of Discipline’ applicable in indian industry. This code of discipline applied both to the code of discipline.
(i) To lay down a regular grievance procedure in every organization. Each grievance should be promptly redressed by legal means and through the normal channels. There should be direct arbitrary or unilateral action on either party.
(ii) To avoid litigation, lock-outs and strikes (sit-down and stay in) intimidation victimization or delaying tactics should be avoided. Unfair practices like negligence of duty damage to property and physical stress should be discouraged.
(iii) Management should give workers the freedom to form trade unions.
(iv) Management should prompty implement awards, agreements, settlements and policy decisions.
(v) The trade unions should function in a democratic fashion and discourage violence casteism, communalism, provincialism, intimidation or personal deformation in inter-dealings.
