Authorities and Their Roles: New Additions

The act establishes a hierarchy of authorities for dispute resolution, including Works Committees, Conciliation Officers, Boards of Conciliation, Courts of Inquiry, Labour Courts, Labour Tribunals, Industrial Tribunals and National Tribunals. Hence, the new additions are as follows:

1. Labour Tribunals (Section 7-A)

The act empowers the appropriate government to constitute Labour Tribunals for adjudicating industrial disputes. Their functions, akin to judicial bodies, involve expeditious proceedings and award submission. The tribunal comprises a single appointed person, and assessors may be appointed to advise.

2. National Tribunals (Section 7-B)

The Central Government can establish National Industrial Tribunals for disputes of national importance or those affecting industrial establishments across multiple states. Comprising a person qualified as a High Court Judge, these tribunals may also have assessors appointed by the Central Government.

Reference of Disputes: Disputes can be referred to Conciliation Boards, Labour Courts, Courts of Inquiry, Industrial Tribunals or National Tribunals based on the nature and context of the dispute. The Appropriate Government holds discretionary power to make references.

3. Voluntary Reference of Disputes To Arbitration (Section 10-A)

Parties can voluntarily refer disputes to arbitration under Section 10-A. This involves a written agreement, arbitration conducted by appointed arbitrators and submission of the award to the appropriate government, prohibiting strikes or lockouts related to the disputes.

4. Procedure And Powers of Authorities (Section 11):

Section 11 grants wide powers to authorities like Conciliation Boards, Labour Courts, Industrial Tribunals, and National Tribunals allowing them to enter premises, enforce attendance, and follow quasi-judicial procedures.

5. Award (Section 33A):

An award, whether interim or final, signifies a determination of industrial disputes. It is binding on parties involved and enforceable after a specified period, subject to government review. Settlements and awards are binding on all parties involved, ensuring compliance with terms to maintain industrial harmony.