Disciplinary in Ind. Process (28-35)

Question 1

s3

Answer 1

works committee

Question 2

works comittee

Answer 2

AGM
by gen or special order
require ER to constitute w. comm
in ind. establishments where 100/+ workment engaged or employed on any working day in the last 12 mos.

Question 3

composition of works committee

Answer 3

rep. of ER and Workmen engaged in Ind.

Question 4

duties of w. comm.

Answer 4

amity and good EER, comment on common concerns and disputes

Question 5

s4

Answer 5

conciliation officer

Question 6

s4

Answer 6

conciliation officer

Question 7

conciliation officer

Answer 7

agm by notif
appoint as many cc-‘s as deemed fit

Question 8

duties of cc officers

Answer 8

hold cc- proceedings for >ida, >apprehension of ida, >pursuant to notice u/s22 in PuS
investigation
facilitate settlement
arrive at settlement
report to govt.

Question 9

s5

Answer 9

cc board

Question 10

cc board duties

Answer 10

settletn, investiagation, report (if no settlement, reasons and recs)

Question 11

cc board

Answer 11

chairman + 2/4 members AGDM

Question 12

s6

Answer 12

courts of inquiry

Question 13

courts of inquiry

Answer 13

AGMD
acc to occasion
by notif
constitute CoI relevant to ID

Question 14

composition of CoI

Answer 14

1/+ independent persons AGMD
if 2/+, one appt. as chairman

Question 15

duties of CoI

Answer 15

inquire, submit report w/in 6 mos (not mandatory time limit)

Question 16

s7

Answer 16

labour courts

Question 17

labour courts

Answer 17

consituted to deal with 2nd schedule matters / 3rd schedule matters if <100 workers affected

Question 18

2nd schedule

Answer 18

legality of ER order u/Standing orders
application and interpretation of Standing Orders
discharge/dismissal of workmen
legality of S/L

Question 19

LC composition

Answer 19

AGDM, 1/+ constituted
only 1 person = presiding officer who must have been:
- a HC judge
- DJ/ADJ for 3y
- judicial officer II for 7y
- presiding officer of LC u/ any provisional or state act for 5y

Question 20

duties of LC

Answer 20

hold proceedings expertiously
submit award to AG
- no fixed time period
- no technicalities of civil court

Question 21

duties of LC

Answer 21

hold proceedings expertiously
submit award to AG
- no fixed time period
- no technicalities of civil court

Question 22

s7a

Answer 22

industrial tribunal

Question 23

IT

Answer 23

AGM by notif
constitute 1/+ for adj of ID’s under 2nd Sch, 3rd Sch, any other f(x)’s under act

Question 24

3rd Schedule

Answer 24

wages
allowance
hours of work
leaves
bonus

Question 25

composition of IT

Answer 25

1 person, presiding officer, must have been:
- HC judge
- DJ/ADJ for 3 years
- <65 y/o
- independent person

+ 2 assessors if required

Question 26

s7b

Answer 26

national tribunal

Question 27

national tribunal

Answer 27

AGM constitute 1/+ NT’s for Q’s of national imp/issues of ID’s where 1+ states are likely to be involved

Question 28

composition of NT

Answer 28

1 person = presiding officer who must have been:
- HC judge
- <65 y/o
- independent person

+ 2 assessors if required

Question 29

s10

Answer 29

reference of disputes
admin act
not mandatory for Cc proceedings to conclude to refer
govt. cannot cancel reference, only add or transfer issues

Question 30

process of reference of disputes

Answer 30

1. ID arises
2. party/parties representing the majority apply to AG
3. AG once satisfied refers to cc board
4. if cc failed, referred to CoI
5. compulsory adj:
   - if 2nd Sch dispute or 3rd Sch dispute involving <100 workers, referred to LC
   - if 2nd Sch dispute or 3rd Sch dispute, referred to IT

Question 31

J.B. Mangharam & Co. v. Kher, A.I.R. 1956

Answer 31

The Tribunal may be constituted for any limited or for a particular case or area. If appointed for a limited period, it ceases to function after the expiry of the term even when some matters are still pending.

Question 32

Claridge & Co. Ltd. v. Industrial Tribunal

Answer 32

when a Tribunal concludes its work and submits its award to the appropriate Government, it does not extinguish the authority of the Tribunal nor does it render the Tribunal functus officio.

Question 33

State of Madras v. C.P. Sarathy

Answer 33

order making a reference is an administrative act and it is not a judicial or quasi-judicial act
If reference to dispute is made in general terms and disputes are not particularised, the reference will not become bad provided the dispute in question can be gathered by Tribunal from reference and surrounding facts