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    Powers Procedures and Duties of Authorities

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    Samuel pereira
    Yes, Mr. A would be considered a workman under Section 2(k) of the Industrial Disputes Act, 1947. Section 2(k) defines a workman as "any person employed in any industry to do any skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward." As Mr. A was selected as a trainee by XYZ industrial establishment and was receiving a stipend of Rs. 2000 per month, he satisfies the definition of workman under Section 2(k) as he was employed to do work for hire or reward in an industry. Therefore, Mr. A's suit regarding the unlawful termination of his services would

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    Powers Procedures and Duties of Authorities

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    Samuel pereira
    3K views11 pages
    Yes, Mr. A would be considered a workman under Section 2(k) of the Industrial Disputes Act, 1947. Section 2(k) defines a workman as "any person employed in any industry to do any skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward." As Mr. A was selected as a trainee by XYZ industrial establishment and was receiving a stipend of Rs. 2000 per month, he satisfies the definition of workman under Section 2(k) as he was employed to do work for hire or reward in an industry. Therefore, Mr. A's suit regarding the unlawful termination of his services would

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    Yes, Mr. A would be considered a workman under Section 2(k) of the Industrial Disputes Act, 1947. Section 2(k) defines a workman as "any person employed in any industry to do any skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward." As Mr. A was selected as a trainee by XYZ industrial establishment and was receiving a stipend of Rs. 2000 per month, he satisfies the definition of workman under Section 2(k) as he was employed to do work for hire or reward in an industry. Therefore, Mr. A's suit regarding the unlawful termination of his services would

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    3K views11 pages

    Powers Procedures and Duties of Authorities

    Uploaded by

    Samuel pereira
    Yes, Mr. A would be considered a workman under Section 2(k) of the Industrial Disputes Act, 1947. Section 2(k) defines a workman as "any person employed in any industry to do any skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward." As Mr. A was selected as a trainee by XYZ industrial establishment and was receiving a stipend of Rs. 2000 per month, he satisfies the definition of workman under Section 2(k) as he was employed to do work for hire or reward in an industry. Therefore, Mr. A's suit regarding the unlawful termination of his services would

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    of 11

    Industrial Disputes Act 1947

    Procedure, Powers and Duties of Authorities


    Sec 11: Procedure and Powers of Conciliation
    Officer, Boards, Courts and Tribunals
    11(1): An Arbitrator, Board, Court. Labour Court, Tribunal or National Tribunal
    shall follow such procedures as it thinks deem fit.
    (2) For purpose of inquiry, after giving reasonable notice enter premises to
    which the disputes relates.
    (3) Authorities are vested with same powers as vested in the Civil Court
    i. Enforcing attendance or examining on oath
    ii. Issuing commissions for examination of witnesses
    iii. Compelling production of documents
    (4) Conciliation officer may inspect any document which are relevant to the
    industrial dispute.
    Sec 11: Procedure and Powers of Conciliation
    Officer, Boards, Courts and Tribunals
    (5) Labour Court, Tribunal, National Tribunal may appoint persons
    having special knowledge to advise it in the proceedings.
    (6) Costs to be awarded
    Case Laws
    • Follow such procedure as the arbitrator or other authority deem fit Sec 11(1)
     Harchura Tea Estate Vs Labour Appellate Tribunal
    All authorities being of a quasi judicial character objectively determining the matters
    referred tot hem, have to exercise their discretion in a judicial manner, without
    caprice, and according to the general principles of law and rules of natural justice.
    i. Notice of Proceedings
    ii. Procedure and Practise
    iii. Parties
    iv. Representation of Parties
    v. Evidence
    Case Laws
    • Notice to enter Sec 11(2)
    Bengal Box Manufacturing Company Vs Second IT
    A date was fixed for hearing, none of the parties appeared. Hence the
    Tribunal fixed another date, even on that date no parties appeared. As
    a result the next date was fixed for exparte hearing.
    The notice was not sent to principal place of business but to another
    place also notice was sent only to sent to the union.
    Held: Proper opportunity was not given to the employer for presenting
    its case and the tribunal was directed to serve fresh service of notice.
    Sec 11A: Powers of Labour Court, Tribunals and National
    Tribunal in case of discharge, dismissal of workmen.
    When the industrial dispute is relating to discharge, dismissal of workman and if
    the Labour Court, Tribunal or National Tribunal is satisfied that the discharge or
    dismissal is not justified:
    i. Direct reinstatement of of the workman
    ii. Give such other relief to the workman including lesser punishment in lieu of
    discharge or dismissal.
    iii. Reliance only on material record.
     Hindustan Machine Tools Ltd VS Mohd Usman
    Sec 11-A confers powers to evaluate the severity of misconduct and to assess
    whether punishment imposed by the employer is according to the gravity of the
    misconduct.
    Sec 12: Duties of Conciliation Officer
    1. (i)If the industrial dispute exists or is apprehended Conciliation Officer may hold conciliation
    proceedings
    (ii) Dispute relating to PUS and notice has been given the Conciliation Officer shall hold
    the proceedings.
    2. Investigate the dispute and all matters affecting the merits and the right settlement of
    dispute.
    3. If settlement is arrived or if no settlement is arrived in conciliation proceedings, the
    Conciliation Officer shall send a report to the Appropriate Government.
    4. The report shall be submitted within 14 days.
    5. If on consideration of report if the Appropriate Government is satisfied that there is a case for
    reference further then the dispute will be referred to Board, Labour Court or tribunal or
    National Tribunal.
    Sec 13: Duties of Board
    1. Investigate the dispute and all matters affecting the merits and the
    right settlement of dispute.
    2. If settlement is arrived or no , the Board shall send a report with
    memorandum of the settlement to the Appropriate Government.
    3. On receipt of report in respect of dispute relating to PUS if the
    Appropriate Government does not futher refer the dispute to
    Labour Court, Tribunal or National Tribunal, it shall record and
    communicate to the parties the reasons.
    4. Board shall submit the report within 2 months.
    Sec 14: Duties of Court of Inquiry
    1. To exercise jurisdiction by the Court is subject to a reference been
    made by Appropriate Government.
    2. Enquire into the matter
    3. Submit a report.
    4. The report shall be submitted within a period of 6 months(directory
    in nature and can submit beyond 6 months also)
    Sec 15: Duties of Labour Courts, Tribunal
    and National Tribunal
    1. Duty of adjudication subject to the reference by Appropriate
    Government.
    2. Duty to apply the principles of Natural Justice
    3. Shall hold he proceedings expeditiously
    4. Shall submit a report to the Appropriate Government within the
    period specified in the order of reference
    PROBLEM
    • Mr. A a fresh graduate, was selected as a trainee for a stipend of Rs
    2000/- per month by the XYZ an industrial establishment. Mr. A was
    under the traineeship for 3 months. During his tenure the services of
    Mr A was unlawfully terminated by the employer. Aggrieved by this
    Mr A filed a suit with authorities.
    • Whether Mr A is a workman?
    does his suit fall under the definition of Sec 2(k)?

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