The Industrial Dispute Act, 1947 which extends to the whole of India came into operation on the first day of April 1947. As per Preamble of the said Act, it is enacted to make a provision for the investigation and settlement of the dispute and certain other purposes such as recovery of money from the employer in terms of Settlement or Award by making an application to the appropriate government. The purpose and aim of the Industrial Disputes Act 1947 is to minimise the conflict between labor and management and to ensure, as far as possible, Economic and Social Justice. The act has made comprehensive provisions both for this settlement of disputes and prevention of disputes in certain Industries.
Award:
According to Section 2(b) of the Industrial Disputes Act, 1947 ‘Award’ means an interim or a final determination of any Industrial Dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunaland includes an arbitration award made under section 10A.
According to section 2(b) of the Industrial Dispute Act, 1947, definition of award has two parts. The first part covers a determination, final or interim, of any industrial dispute. The second part takes in a determination of any question relation to an industrial dispute. Thus, both the part of definition assumes the existence of an industrial dispute, actual or apprehended.
Ingredients of Award:
To constitute Award under Section 2(b) of the Industrial Dispute Act, 1947 the following ingredients are to be satisfied –
- An Award is an interim or final determination of an industrial dispute.
- It is an Interim or final determination of any question relating to such dispute.
- Such interim or final determination is made by any Labour Court, Industrial Tribunal or National Industrial Tribunal.
- Award (Judgement) of Arbitrators under section 10A is an Award.
Form of Report or Award:
The section 16 of Industrial Dispute Act provides for procedure that, the report of board or Court shall be in writing and shall be signed by all the members of the Board or Court, as the case may be, to be followed. The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its Presiding Officer.
Publication of Award:
The section 17 of the act mentions about publication procedure of the award decided after the due course. The clause (1) of the section states: Every report of Board or Court together with any minute of dissent recorded therewith, every arbitration and every award of a Labour Court, Tribunal or National Tribunal shall within a period of thirty days from the date of its receipt by the appropriate Government, be published in such manner as the appropriate Government thinks fit. The second clause of the same section provides for immunity against any legal proceedings, thus avoiding any further delay, to the award finalised.
Commencement of Award:
Commencement of award is described under section 17-A of the act. According to Section 17A, an award (including an arbitration award) shall become enforceable on the expiry of the thirty days from the date of its publication under section 17. But if the Central Government is of opinion, in any case where the award has been given by National Tribunal will be inexpedient on public grounds affecting economy or social justice to give effect to the whole or any part of the award the appropriate Government, or as the case may be, the Central Government may, by notification in the Official Gazette, declare that the award shall not become enforceable on the expiry of the said of thirty days.
Enforcement of an Award:
An award may be enforced of the following ways:
- The aggrieved party may apply to Appropriate Government for prosecuting the defaulting party under section 29 or section 31 of this Act.
- Where any money is payable by the employer to a workman, the workman may move the Appropriate Government for recovery of the money due to him under award.
- The party in whose favour the award has been granted may file a suit and obtain a decree, which shall be enforced by execution under the provisions of the Civil Procedure Code.
Settlement:
According to Section 2(p) of the Industrial Dispute Act, 1947 “Settlement” means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer.
The common mechanisms for settlement of disputes under the Industrial Dispute Act,1947 are conciliation and mediation. Conciliation is the procedure in which there is an involvement of a third party who provides assistance to the parties in dispute to carry out negotiation between them.
Section 4 of the Industrial Dispute Act, 1947 lays down the function of a conciliation officer which is to create a kindred atmosphere within the industry which will help the parties to settle the disputes between them. This is a function with an administrative nature and not a judicial one. A conciliation officer is required to hold proceedings, carry out investigations regarding the dispute in a fair manner to help the parties arrive at a settlement.
Common Points of Awards and Settlement
Persons bound by the Award and settlement:
Following are the person bound by any award decided, under section 18:
- A settlement arrived at by agreement between the employer and workman otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreement.
- Subject to the provisions of sub section (3), an arbitration award which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration.
- A settlement arrived at in the course of conciliation proceedings under this Act or arbitration award in a case where a notification has been issued under sub section (3-A) of section 10-A or an award of a Labour Court, Tribunal or National Tribunal which has become enforceable shall be binding on—
(a) All parties to the industrial dispute;
(b) All other parties summoned to appear in the proceedings as parties to the dispute, unless the Board arbitrator Labour Court, Tribunal or National Tribunal, as the case may be, records the opinion that they were so summoned without proper cause.
(c) Where a party referred to in clause (a) or clause (b) is an employer his heirs, successors or assigns in respect of the establishment to which the dispute relates.
(d) Where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part.
Penalty for breach of Settlement or Award:
If any person who commits breach of any terms of a settlement or Award is liable for punishment. The punishment provided for is imprisonment which may extend to 6 months or with fine or with both.
Period of operation of settlement and Award:
The section 19 speaks about the period for which settlement and award will be binding upon the parties to the concerned industrial dispute. A settlement shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute. Such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expire two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement.
An award shall, subject to the provisions of this section, remain in operation for a period of one year from the date on which the award becomes enforceable under section 17-A. Provided that the appropriate Government may reduce the said period and fix such period as it thinks fit.