3. Works Committee.—(1) In the case of any industrial establishment in which one hundred or more
workmen are employed or have been employed on any day in the preceding twelve months, the
appropriate Government may by general or special order require the employer to constitute in the
prescribed manner a Works Committee consisting of representatives of employers and workmen engaged
in the establishment so however that the number of representatives of workmen on the Committee shall
not be less than the number of representatives of the employer. The representatives of the workmen shall
be chosen in the prescribed manner from among the workmen engaged in the establishment and in
consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926
(16 of 1926).
(2) It shall be the duty of the Works Committee to promote measures for securing and preserving
amity and good relations between the employer and workmen and, to that end, to comment upon matters
of their common interest or concern and endeavour to compose any material difference of opinion in
respect of such matters.
STATE AMENDMENT
Manipur
In section 3 of the Disturbed Areas (Special Courts) Act, 1976, (hereinafter referred to as the
Principal Act):--
(a) in sub-section (1), between the words, “communities”, and “it may”, the following words,
brackets and figures shall be inserted, namely—
“or by reason of extension and indiscriminate armed violence by members of an association
declared as unlawful association under the Unlawful Activities (Prevention) Act, 1967”;
(b) in sub-section (2)—
(i) In clause (a) of the proviso, the word “and” appearing at the end shall be deleted, and the
words, letters and brackets, “save in respect of the cases referred to in clause (aa)”, shall be
inserted in the beginning, and
15
(ii) below clause (a) of the proviso so amended, the following clause shall be added,
namely:--
“(aa) in respect of extensive and indiscriminate armed violence by members of any
association declared as unlawful association under the Unlawful Activities (Prevention)
Act, 1967, no period commencing from a date earlier than the date of publication of the
notification, if any, under section 3 of the Armed Forces (Special Powers) Act, 1958 (28 of
1958) in respect of that area or earlier than two years before the date of publication of the
notification under sub-section (1), shall be specified therein; and “.
[Vide Manipur Act 11 of 1982, s. 2]
Rajasthan
Insertion of new section 3A, in Central Act XIV of 1947.-After section 3 of the principal Act, the
following new section shall be inserted, namely-
"3A. Registrar and Assistant Registrar.-(1) The State Government shall, by notification in the
Official Gazette, appoint a person to be the Registrar of Unions for the purpose of this Act for the
whole of the State.
(2) The State Government may, by similar notification, appoint a person to be the Assistant
Registrar of Unions for any local area and may, by general or special order, confer on such person all
or any of the powers of the Registrar of Unions under this Act."
[Vide Rajasthan Act 34 of 1958, s. 4]
Insertion of new Chapter II-B in Central Act XIV of 1947.- After section 9B of the principal Act,
the following new Chapter shall be inserted, namely:-
"CHAPTER II-B
Registration of Unions.
9C. Maintenance of register.-It shall be the duty of the Registrar to maintain in such form as may be
prescribed a register of Unions registered by him under the provisions of this Act.
9D. Application for Registration.-Any Union which has for the whole of the period of three months
next preceding the date of its so applying under this section a membership of not less than fifteen per cent.
of the total number of workmen employed in unit of an industry may apply in the prescribed form to the
Registrar for registration as a Representative Union.
9E. Registration of Union.-On receipt of an application from a Union for registration under section
9D and on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry as he deems fit,
he comes to the conclusion that the conditions requisite for registration specified in the said section are
satisfied and that the Union is not otherwise disqualified for registration, enter the name of the Union in
the appropriate register maintained under section 9C and issue a certificate of registration in such form as
may be prescribed:
Provided that-
(i) where two or more Unions fulfilling the conditions necessary for registration under this
Act apply for registration in respect of the same unit of an industry, the Union having the largest
membership of employees employed in the unit of the industry shall be registered; and
(ii) the Registrar shall not register any Union if he is satisfied that the application for its
registration is not made bona fide in the interest of the workmen but is made in the interest of the
employers to the prejudice of the interest of the workmen.
9F. Cancellation of registration.-The Registrar shall cancel the registration of a Union-
(a) if, after holding such inquiry, if any, as he deems fit he is satisfied-
(i) that it was registered under mistake, misrepresentation or fraud; or
(ii) that the membership of the Union has for a continuous period of three months
fallen below the minimum required under section 9D for its registration:
16
Provided that where a strike or a closure not being an illegal strike or closure
under this Act in a unit of industry involving more than one-third of the workmen in the
unit of the industry has extended to a period exceeding fourteen days in any calendar
month, such month shall be excluded in computing the said period of three months:
Provided further that the registration of a Union shall not be cancelled under the
provisions of this sub-clause unless its membership at the time of the cancellation is less
than such minimum; or
(iii) that the registered Union is being conducted not bona fide in the interests of
workmen but in the interests of employers to the prejudice of the interests of workmen; or
(iv) that it has instigated, aided or assisted the commencement or continuance of
an illegal strike;
(b) if its registration under the Indian Trade Unions Act, 1926 (Central Act XVI of 1926)
is cancelled.
9G. Registration of another Union in place of existing registered Union.-(1) If at any time any
Union (hereinafter in this section referred to as "applicant Union") makes an application to the Registrar
for being registered in place of the Union (hereinafter in this section referred to as "representative Union")
for a unit of an industry on the ground that it has a larger membership of workmen employed in such unit
of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause
within one month of the receipt of such notice why the applicant Union should not be registered in its
place. An application made under this sub-section shall be accompanied by such fee as may be prescribed.
(2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the
said application and notice.
(3) If, on the expiry of the period of notice under sub-section (1) and after holding such inquiry as he
deems fit, the Registrar comes to the conclusion that the applicant Union complies with the conditions
necessary for registration specified in section 9D and that its membership was during the whole of the
period of three months immediately preceding the date of the application under this section larger than the
membership of the representative Union, he shall, subject to the provisions of section 9D, register the
applicant Union in place of the representative Union.
(4) Every application made under this section shall be published in the prescribed manner not less
than fourteen days before the expiry of the period of notice under sub-section (1).
9H. Application for re-registration.-(1) Any Union the registration of which has been cancelled on
the ground that it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (a)
of section 9F may, at any time after three months from the date of such cancellation and on payment of
such fees as may be prescribed, apply for re-registration. The provisions of sections 9D and 9E shall
apply in respect of such application.
(2) A Union the registration of which has been cancelled on any other ground shall, not, save with the
permission of the State Government, be entitled to apply for re-registration.
9I. Appeal to Industrial Tribunal from order of Registrar.-(1) Any party to a proceeding before,
the Registrar may, within thirty days from the date of an order passed by the Registrar under this Chapter,
appeal against such order to the Industrial Tribunal:
Provided that the Industrial Tribunal may, for sufficient reason, admit any appeal made after the
expiry of such period.
(2) The Industrial Tribunal may admit an appeal under sub-section (1) if on a perusal of the
memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or
otherwise erroneous.
(3) The Industrial Tribunal in appeal, may confirm, modify or rescind any order passed by the
Registrar and may pass such consequential orders as it may deem fit. A copy of the orders passed by the
Industrial Tribunal, shall be sent to the Registrar.
17
9J. Publication of orders.-Every order passed under section 9E or section 9F or section 9G and
every order passed in appeal under section 9I shall be published in the prescribed manner."
[Vide Rajasthan Act 34 of 1958, s. 5]
4. Conciliation officers.—(1) The appropriate Government may, by notification in the Official Gazette, appoint
such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and
promoting the settlement of industrial disputes.
(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or
for one or more specified industries and either permanently or for a limited period.
5. Board of Conciliation.—(1) The appropriate Government may as occasion arises by notification in the
Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.
(2) A Board shall consist of a chairman and two or four other members, as the appropriate Government thinks
fit.
(3) The chairman shall be an independent person and the other members shall be persons appointed in equal
numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on
the recommendation of that party:
Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the
appropriate Government shall appoint such persons as it thinks fit to represent that party.
(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its
members or any vacancy in its number:
Provided that if the appropriate Government notifies the Board that the services of the chairman or of any other
member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be,
has been appointed.
6. Courts of Inquiry.—(1) The appropriate Government may as occasion arises by notification in the Official
Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an
industrial dispute.
(2) A Court may consist of one independent person or of such number of independent persons as the appropriate
Government may think fit and where a Court consists of two or more members, one of them shall be appointed as
the chairman.
(3) A Court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its
members or any vacancy in its number:
Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to
be available, the Court shall not act until a new chairman has been appointed.
1
[7. Labour Courts.—(1) The appropriate Government may, by notification in the Official Gazette, constitute
one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second
Schedule and for performing such other functions as may be assigned to them under this Act.
(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless—
2
[(a) he is, or has been, a Judge of a High Court; or
(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or
3* * * * *
4
[(d)] he has held any judicial office in India for not less than seven years; or
4
[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act
for not less than five years.
5
[(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State
Labour Department, having a degree in law and at least seven years' experience in the labour department
including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed
unless he resigns from the service ofthe Central Government or State Government, as the case may be, before being
appointed as the presiding officer; or
(g) he is an officer of Indian Legal Service in Grade Ili with three years' experience in the grade.]
1. Subs. by Act 36 of 1956, s. 4, for section 7 (w.e.f. 10-3-1957).
2. Ins. by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
3. Clause (c) omitted by Act 46 of 1982, s. 3 (w.e.f. 21-8-1984).
4. Clauses (a) and (b) re-lettered as (d) and (e) respectively by Act 36 of 1964, s. 3 (w.e.f. 19-12-1964).
5. Ins. by Act 24 of 2010, s. 4 (w.e.f. 15-9-2010).
18
7A. Tribunals.—(1) The appropriate Government may, by notification in the Official Gazette,
constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any
matter, whether specified in the Second Schedule or the Third Schedule 1
[and for performing such other
functions as may be assigned to them under this Act].
2
[(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also
exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the
jurisdiction, powers and authority conferred on the Tribunal referred to in section 7D of the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).]
(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.
(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless—
(a) he is, or has been, a Judge of a High Court; or
3
[(aa) he has, for a period of not less than three years, been a District Judge or an Additional
District Judge; 4***]
5
[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the
State Labour Department,, having a degree in law and at least seven years' experience in the labour
department including three years of experience as Conciliation Officer:
Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall
be appointed unless he resigns from the service of the Central Government or State Government, as the
case may be, before being appointed as the presiding officer; or
(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.]
6* * * * *
(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the
Tribunal in the proceeding before it.
STATE AMENDMENT
Karnataka
Amendment of section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act
14 of 1947) (hereinafter referred to as the principal Act), after clause (a), the following clause shall be inserted,
namely:—
“(aa) he is, or has been a District Judge, or”
[Vide Karnataka Act 6 of 1963, s. 2]
Amendment of section 7A.—In clause (aa) of sub-section (3) of section 7A of the Industrial
Disputes Act, 1947 (Central Act 14 of 1947), as inserted by the Industrial Disputes (Karnataka
Amendment) Act, 1962 (Karnataka Act 6 of 1963), after the words “district Judge” the words “for a
period of not less than three years”, shall be inserted.
[Vide Karnataka Act 35 of 1963, s. 2]
Kerala
Amendment of Section 7A.—In sub-section (3) of section 7A of the Industrial Disputes Act, 1947
(Central Act 14 of 1947) for clause (a), the following clause shall be substituted, namely:--
“(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for
appointment as a Judge of a High Court; or” .
1. Ins. by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017).
3. Ins. by Act 36 of 1964, s. 4 (w.e.f. 19-12-1964).
4. The word “or” omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
5. Ins. by Act 24 of 2010, s. 5 (w.e.f. 15-9-2010).
6. Clause (b) omitted by Act 46 of 1982, s. 4 (w.e.f. 21-8-1984).
19
[Vide Kerala Act 28 of 1961, s. 2]
Orissa
Amendment of section 7A (Act 14 of 1947).—In sub-section (3) of section 7-A of the Industrial
Disputes Act, 1947 (14 of 1947), after clause (a), the following new clause shall be inserted, namely:-
“(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven
years.”
[Vide Orissa Act 6 of 1960, s. 2]
7B. National Tribunals.—(1) The Central Government may, by notification in the Official Gazette,
constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in
the opinion of the Central Government, involve questions of national importance or are of such a nature
that industrial establishments situated in more than one State are likely to be interested in, or affected by,
such disputes.
(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal
1
[unless he is, or has been, a Judge of a High Court].
(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the
National Tribunal in the proceeding before it.
7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National
Tribunals. —No person shall be appointed to, or continue in, the office of the presiding officer of a
Labour Court, Tribunal or National Tribunal, if—
(a) he is not an independent person; or
(b) he has attained the age of sixty-five years.]
2
[7D. Qualifications, terms and conditions of service of Presiding Officer.—Notwithstanding
anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances,
resignation and removal and other terms and conditions of service of the Presiding Officer of the
Industrial Tribunal appointed by the Central Government under sub-section (1) of section 7A, shall, after
the commencement of 3
[the Tribunals Reforms Act, 2021, be governed by the provisions of Chapter II of
the said Act]:
Provided that the Presiding Officer appointed before the commencement of Part XIV of Chapter
VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules
made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.]
4
[8. Filling of vacancies.—If, for any reason a vacancy (other than a temporary absence) occurs in
the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the
chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central
Government and in any other case, the appropriate Government, shall appoint another person in
accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued
before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage
at which the vacancy is filled.
9. Finality of orders constituting Boards, etc.—(1) No order of the appropriate Government or of
the Central Government appointing any person as the chairman or any other member of a Board or Court
or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in
any manner; and no act or proceeding before any Board or Court shall be called in question in any manner
1. Subs. by Act 46 of 1982, s. 5, for certain words (w.e.f. 21-8-1984).
2. Ins. by Act 7 of 2017, s. 158 (w.e.f. 26-5-2017).
3. Subs. by Act 33 of 2021, s. 8, for “Part XIV of Chapter VI of the Finance Act, 2017 (7 of 2017), be governed by the provisions
of section 184 of that Act” (w.e.f. 4-4-2021).
4. Subs. by Act 36 of 1956, s. 5, for sections 8 and 9 (w.e.f. 10-3-1957).
20
on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or
Court.
(2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only
of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6)
of section 12 or sub-section (5) of section 13, as the case may be.
(3) Where the report of any settlement arrived at in the course of conciliation proceeding before a
Board is signed by the chairman and all the other members of the Board, no such settlement shall be
invalid by reason only of the casual or unforeseen absence of any of the members (including the
chairman) of the Board during any stage of the proceeding.]
1
[CHAPTER IIA
NOTICE OF CHANGE
9A. Notice of change.—No employer, who proposes to effect any change in the conditions of service
applicable to any workman in respect of any matter specified in the Fourth Schedule, shall effect such
change,—
(a) without giving to the workmen likely to be affected by such change a notice in the prescribed
manner of the nature of the change proposed to be effected; or
(b) within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change—
(a) where the change is effected in pursuance of any 2
[settlement or award]; or
(b) where the workmen likely to be affected by the change are persons to whom the Fundamental
and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services
(Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence
Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any
other rules or regulations that may be notified in this behalf by the appropriate Government in the
Official Gazette, apply.
9B. Power of Government to exempt.—Where the appropriate Government is of opinion that the
application of the provisions of section 9A to any class of industrial establishments or to any class of
workmen employed in any industrial establishment affect the employers in relation thereto so
prejudicially that such application may cause serious repercussion on the industry concerned and that
public interest so requires, the appropriate Government may, by notification in the Official Gazette, direct
that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be
specified in the notification, to that class of industrial establishments or to that class of workmen
employed in any industrial establishment.]
3
[CHAPTER IIB
GRIEVANCE REDRESSAL MACHINERY
9C. Setting up of Grievance Redressal Machinery.—(1) Every industrial establishment
employing twenty or more workmen shall have one or more Grievance Redressal Committee for the
resolution of disputes arising out of individual grievances.
(2) The Grievance Redressal Committee shall consist of equal number of members from the
employer and the workmen.
(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and
from among the workmen alternatively on rotation basis every year.
(4) The total number of members of the Grievance Redressal Committee shall not exceed more than
six:
Provided that there shall be, as far as practicable, one woman member if the Grievance Redressal
Committee has two members and in case the number of members are more than two, the number of women
members may be increased proportionately.
(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal
Committee shall not affect the right of the workman to raise industrial dispute on the same matter under
the provisions of this Act.
1. Ins. by Act 36 of 1956, s. 6 (w.e.f. 10-3-1957).
2. Subs. by Act 24 of 2010, s. 6, for Chapter IIB (w.e.f. 15-9-2010).
3. Ins. by Act 46 of 1982, s. 7 (w.e.f. 21-8-1984).
21
(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt
of a written application by or on behalf of the aggrieved party.
(7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may
prefer an appeal to the employer against the decision of Grievance Redressal Committee and the
employer shall, within one month from the date of receipt of such appeal, dispose off the same and send
a copy of his decision to the workman concerned.
(8) Nothing contained in this section shall apply to the workmen for whom there is an established
Grievance Redressal Mechanism in the establishment.]
Rajasthan
Amendment of section 9D, Central Act 14 of 1947.-In the Industrial Disputes Act, 1947 (Central
Act 14 of 1947), as amended by the Industrial Disputes (Rajasthan Amendment) Act, 1958 (Rajasthan
Act 34 of 1958), in its application to the State of Rajasthan, hereinafter referred to as the principal Act, in
section 9D, for the words "three months next preceding the date of its so applying", the words "at least
three months during the period of six months immediately preceding the calendar month in which it so
applies" shall be substituted.
[Vide Rajasthan Act 14 of 1970, s. 2]
Amendment of section 9E, Central Act 14 of 1947.-In section 9E of the principal Act, the existing
section shall be numbered as subsection (1) and after sub-section (1) so re-numbered, the following new
sub-section shall be inserted, namely:-
"(2) Once a union has been registered as a representative union under this Act, the registration of the
union shall be held valid for a period of two years from the date of its registration and shall continue to
hold valid unless the registration is cancelled under section 9F of this Act or another union is registered in
its place according to section 9G of this Act."
[Vide Rajasthan Act 14 of 1970, s. 3]
Amendment of section 9F, Central Act 14 of 1947.-In sub-clause (ii) of clause (a) of section 9F of
the principal Act, after the words "continuous period of three months", the words "at any time after two
years from the date of its registration" shall be inserted.
[Vide Rajasthan Act 14 of 1970, s. 4]
Amendment of Chapter II-B, Central Act No.14 of 1947.- Chapter II-B of the principal Act, as
inserted by the Rajasthan Act No. 34 of 1958, shall be renumbered as
“CHAPTER IIC”.
[Vide Rajasthan Act 21 of 2014, s. 4]
Amendment of section 9G, Central Act 14 of 1947.-In section 9G of the principal Act-
(a) in sub-section (1)—
(i) the words "at any time", occurring after the word "If" shall be deleted; and
(ii) after the words "for a unit of an industry", the words "at any time after a lapse of two
years from the date of registration of the representative union" shall be inserted; and
(b) in sub-section (3), for the words "three months immediately preceding the date of the
application", the words "at least three months during the period of six months immediately preceding
the calendar month in which it so applied" shall be substituted.
[Vide Rajasthan Act 14 of 1970, s. 5]
Amendment of section 9C, Central Act No. 14 of 1947.- Section 9C of the principal Act, as inserted by
the Rajasthan Act No. 34 of 1958, shall be renumbered as “9CC”.
[Vide Rajasthan Act 21 of 2014, s. 5]
Amendment of section 9D, Central Act No. 14 of 1947.- In section 9D of the principal Act, as inserted
by the Rajasthan Act No. 34 of 1958, the existing expression “fifteen per cent” shall be substituted by the
expression “thirty per cent”.
[Vide Rajasthan Act 21 of 2014, s. 6]