INDUSTRIAL DISPUTE ACT,1947
· INTRODUCTION:- The Industrial
Disputes Act, 1947 came into existence in April 1947. It was enacted to
make provisions for investigation and settlement of industrial disputes and for
providing certain safeguards to the workers.
· "INDUSTRIAL
DISPUTE" means any dispute between employers and employers, or between
employers and workmen, or between workmen and workmen, which is connected with
the employment or non-employment or the terms of employment or with the
conditions of labour, of any person.
· Indian trade
disputes act,1929 was the first legislation in India for the settlement of
industrial disputes. Initially, the act was made to remain in force for 5
years. In 1932 certain amendments were carried out in the act in 1934, in
consultation with the provincial governments, the central governments made the
act to remain in permanent force. this act, inter alia, provided for the
settlement of disputes by appointment of ‘court of inquiry’ and ‘board of
conciliation’ upon an application to the government by any party in disputes.
The illegal strikes were banned under the act.
·
In 1938, Bombay industrial development act was
enacted. Under this act, an inquiry was made compulsory before declaration
of strikes or lock-outs. This was made, In fact, to ensure uninterrupted
working of industries Subsequently, after the outbreak of world war-2, defiance
India rule( DIR ) was enforced In 1939. under section 81a of DIR, strikes and
lock-outs were banned in the public utility services. In other
establishments, prior notice was compulsory for strikes or lock-out.
OBJECTIVE
OF INDUSTRIAL DISPUTES ACT
An Act to make provision for the
investigation and settlement of industrial disputes,
and for certain other purposes. whereas it is expedient
to make provision for the investigation and settlement of
industrial disputes, and for certain other purposes here in after
appearing.
The preamble to the act reads thus, ‘ an act to
make provision for the investigation and settlement of industrial disputes and
for certain other purposes.’
on the basis of various judgments given from
time to time by the supreme court, the principal objective of the act may
be stated as below:
a) To ensure social
justice to both employers and employees and advance progress of industry by
bringing about harmony and cordial relationship between the parties.
b) To settle disputes
arising between the capital and labour by peaceful methods and through the
machinery of conciliation, arbitration and if necessary, by
approaching the tribunals constituted under the act.
If disputes are not settled, it would result in
strikes or lock-outs and entail dislocation of work, essential to the life of
the community.
c) To promote
measures for securing and preserving amity and good relations between the
employer and workmen.
d) To prevent
illegal strikes and lockouts.
e) To provide
compensation to workmen in cases of layoff, retrenchment and closure.
f) To protect
workmen against victimizations by the employer and to ensure termination of
industrial dispute in a peaceful manner.
g) To promote
collective bargaining.
DEFINITIONS
OF INDUSTRIAL DISPUTES ACT
As per section 2(K) ‘industrial disputes’ means any
disputes or difference between employers and employers, or between employers or
workman, or between workman and workman, which is connected with the employment
or non employment or with the conditions of labour, or of any person.
The above definition of industrial disputes brings
out the following essential ingredients:
1) There should be a
disputes or difference;
2) The disputes or
difference may be between:
a) employer
and employer, or
b)
employer and workman, or
c)
workman and workman.
3) The disputes or difference
may be connected with:
a) employment, or
b) non employment, or
c) the terms of employment
, or
d) conditions of labour of
any person, and
4) The disputes should relate to a industry.
Definitions of industry(section 2)
industry is defined I the oxford dictionary as ‘diligent or systematic
activity’. Section 2(J) of he act defines industry as follows:
“industry” means any business, trade, undertaking, manufacture or calling
of employers and includes any calling, service, employment, handicraft or
industrial occupation or vocation of workmen.
from the above definition, industry appears
to mean:
1) A business, such as
merchandising,
2) A trade, such as
cutler,
3) A manufacture, such
as flour milling
4) An undertaking,
such as electricity company,
5) A calling, such as
architect,
6) A services, such as
transporter, or
7) An employment,
which is a general term covering. Perhaps, the rest of the vocations.
Definition of workman section 2(s)
‘workman’ is defined in section 2(s) of the act as
follows:
“ workman means ay person ( including a
apprentice) employed I any industry to do any manual, unskilled, skilled
technical operational, clerical or supervisory work for hire reward, whether
the terms of employment be express or implied ad for the purposes of an
proceeding under this act in relation to an industrial disputes, include any
such person, who has been dismissed, discharged or retrenched I
connection with or as a consequence of that disputes or whose dismiss
discharge or retrenchments has led to that disputes, but does not include ay
such person-
1) Who is subjects to
the air force act,1950 the navy act, 1957;or
2) Who is employed in
police services or as an officer or other employee of a prison ; or
3) Who is employed
mainly n a managerial or administration capacity; or
4) Who, being employed
in a supervisory capacity, draws wag exceeding one thousands six sundered
rupees per men exercises, either by the nature of the duties attached to the
officer or by reason of the powers vested in him, functions mainly of
managerial nature.
The definition of workman has three essential
parts:
i. statutory meaning of workman;
ii.Legal fiction, and
iii.Categories of persons excluded.
Definition of strikes
As per section 2(Q) “ strikes” means
cessation of work by a body of persons employed In an industry acting in
combination or a concerned refusal or a refusal under a common understanding of
any number of persons who are or have been so employed to continue to work or
to accept employment.
The essential ingredients of the definitions are:
1) There must be
cessation of work;
2) The cessation of
work must be by a body of persons employed in any industry, as defined in
section 2(j) of the act;
3) The strikes must
have been acting in combination, or
4) There must be
concerted refusal; or
5) Refusal under a
common understanding of any number of persons who are or have been so employed
to continue to work or o accept employment.
strikes is weapon I the hands of workman or
employees, as tactic in bargaining. Strikes may be the
form of general strikes, go slow, stay in, sit down, pen-down,
tool down, work-to-rule, gherao, hunger strikes9 or sympathetic
strikes. however ,
In strikes, the workmen have intention to resume to
the work. Mere absence from work does not amount to taking part in strike
within the meaning of the industrial act, 1947. there should be some evidence
to show that absence from the duty was the result of some concert between him
and other persons that they would not continue to work it is also necessary
that should e log hours of strikes. Stoppage ad refusal to work, even for a few
hours only, would amount to a strikes, when there was a concert ad combination
of the workers in stopping and refusing to work.
Definition of lock-outs
As per section 2(I)Lock-out means the temporary
closing of a place of employment or the suspension of work or the refusal by an
employer to continue to employ any number of persons employed by him.
The definition of lock-out has three
ingredients:
1) There should be
temporary closing of place of employment, or
2) There should be
suspension of work, or
3) There should be
refusal to continue to employ any number of persons employed by the employer.
4) lock-out is an
antithesis to strike. It is a weapon I the hands of the employer, as a tactic
in bargaining. Lock-out is not a closure in lock-out the employer does have
intention to continue business, if the workman accept his demands. There is no
severance of employer-employee relationship it, rather, indicates existence of
a industrial disputes. Lock-out is not a fundamental right of an employer.
Definition of lay-off
As per section 2 (kkk) lay-off with its grammatical
variations and cognate expressions means ‘the failure, refusal or inability of
an employer on account of shortage of coal, power or raw materials or the
accumulation of stocks or the break down of machinery or natural calamity or
for any other connected reason to give employment to a workman whose name is
borne on the muster rolls of his industrial establishments and who has not been
retrenched’.
for this purpose, every workman whose name
is borne on the muster rolls of the industrial establishments and who presents
himself or work the establishments at the time appointed for the purpose,
during the normal working hours on any day ad is not given employment by the
employer within two hours on any day and is not deemed to have bee laid-off for
that day within the meaning of this clause.
It is provided that if the workman,
instead of being give employment at the commencement of any shift for any day
is asked to presents himself for the purpose during the second half of the
shift for the day and is given employment then he shall have been laid-off only
for one half of that day:
Definition of retrenchment
As per section 2(oo) ‘retrenchment’ means the
termination by the employer of the service of a workman for any reason
whatsoever, otherwise than as a punishment inflicted by way of disciplinary
action but does not include-
a)Voluntary retirement of the workman; or
b) Retirement of he workman on reaching the age of
superannuation, if the contract of employment between the employer and workman
concerned contains a stipulation in that behalf; or
c) Termination of the service of the workman as a
result of the non renewal f the contract of employment between the employer and
the workman concerned on its expiry or of such contract being terminated under
stipulation on hat behalf contained therein ; or
d) Termination of the service of a workman on the
ground of continued ill-health.
retrenchment means
the termination by employer of the service of a workman for ‘any reason
whatsoever’4, except those expressly excluded y he
definition.
this wide literal meaning is more
preferable to the natural contextual and arrow meaning, viz. discharge of
surplus labour.
Definition of appropriate
government
Section 2(a)defines appropriate government in vey
specific terms. It means:
(a) in relation to any industrial disputes concerning any industry carried on
by or under the authority of the central government or by a railway
company or concerning any such controlled industry such as may be specified or
in relation to an industrial disputes concerning a banking or an
insurance company, a mine, or an oil field, or a major port, the central
government; and
(b) in relation to any other industrial disputes, the state government.
The central government is the appropriate government
for:
1.
Any industry carried on by under the authority of the central
government;
2.
any industry carried on by a railway company;
3. any
controlled industry ‘ (it should be so specified in this behalf for the
purposes of s.2(a) (I)of the I.D. act( Bijay cotton mills ltd.vs.
their workmen -1960 ILLJ.262(sc) ;
4.
ESI corporation;
5.
The Indian airlines and air India corporation;
6.
The agricultural refinance corporation;
7.
The deposit insurance corporation;
8 The
unit trust of India;
9. A banking company;
10.
An insurance company;
11.
A mine;;
12. An oil-field;
13.
A cantonment board;
14.
A major port;
‘carried on by or under the authority
of the government' means either the industry carried on directly by a
department of the government such as posts and telegraphs or the railways
or one carried on by such department through any other agency.
AUTHORITIES UNDER THE INDUSTRIAL
DISPUTES ACT, 1947
· The Acts provides
an elaborative and effective machinery for bringing about Industrial Peace by
setting up the following Authorities for the Investigation and Settlement of
industrial Disputes.
· Courts of enquiry
· Work committee
· Conciliation
proceedings
· Labour courts
· Arbitration
· Industrial and
national tribunal (procedures, powers and duties)
COURTS OF ENQUIRY
(1) The appropriate Government may as occasion
arises by notification in the Official Gazette, constitute a Court of Inquiry
for inquiring into an 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 appointment
WORK 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.
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.
CONCILIATION PROCEEDINGS
· The appropriate
Government may, by notification in the Official Gazette, appoint such
conciliation officers, charged with the duty of mediating in and promoting the
settlement of industrial disputes.
· 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.
· 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.
· A Board shall
consist of a chairman and two or four other members, as the appropriate
Government thinks fit.
LABOR COURTS
· 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 then, under this Act.
· A Labour Court
shall consist of one person only to be appointed by the appropriate Government.
ARBITRATION
· The
Arbitration and Conciliation Act, 1996 came into force with effect from
22.8.1996. It consolidates and amends the law relating to domestic arbitration,
international commercial arbitration and enforcement of foreign
arbitral awards.
· It applies to the
whole of India. It applies to the State of Jammu and Kashmir to the extent of
the provisions relating to enforcement of foreign awards, which apply in full,
other provisions apply insofar as they relate to international commercial
arbitration or conciliation. The Act is based on the conciliation rules adopted
by the United Nations Commission on International Trade (UNCITRAL)
WHAT IS ARBITRATION?
· Arbitration is a
process of dispute resolution in which a neutral third party (called the
arbitrator) renders a decision after a hearing at which both parties have an
opportunity to be heard. It is the means by which parties to a dispute get the
same settled through the intervention of a third person, but without having
recourse to court of law.
TRIBUNALS
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 and for performing
such other functions as may be assigned to them under this Act.
A Tribunal shall consist of one person only to be
appointed by the appropriate Government.
INDUSTRIAL TRIBUNAL
According to Section 7 of the Industrial Dispute
Act, 1947 the appropriate government has the authority to appoint the tribunals
for adjudicating on the matters of industrial dispute .Generally a tribunal is
appointed for adjudicating on the matters which have failed to form a solution
through the other machinery of conciliation authorities .These Tribunals are
somewhat different from courts though they have been empowered to adjudicate on
industrial disputes.
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 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.
PROCEDURE OF INDUSTRIAL AND NATIONAL
TRIBUNALS
(1) Subject to any rules that may be made in this
behalf, an arbitrator, a Board, court, Labor Court, Tribunal or National
Tribunal shall follow such procedure as the arbitrator or other authority
concerned may think fit.
(2) A conciliation officer or a member of a
National Tribunal may for the purpose of inquiry into any existing or
apprehended industrial dispute, after giving reasonable notice, enter the premises
occupied by any establishment to which the dispute relates.
3) Every Board, court, National Tribunal shall have
the same powers as are vested in a Civil Court under the Code of Civil
Procedure,1908 (5 or 1908), when trying a suit, in respect of the following
matters, namely:-
(a) enforcing the attendance of any person and
examining him on oath;
(b) compelling the production of documents and
material objects;
(c) issuing commissions for the examination of
witnesses;
(d) in respect of such other matters as may be
prescribed, and every inquiry or investigation by a Board, court, National
Tribunal, shall be deemed to be a judicial proceeding within the meaning of
sections 193 and 228 of the Indian Penal Code (45 to 1860).
(4) A conciliation officer may enforce the
attendance of any person for the purpose of examination of such person or call
for and inspect any document which he has ground for considering to be relevant
to the industrial dispute or to be necessary for the purpose of verifying the
implementation of any award or carrying out any other duty imposed on him under
this Act, and for the aforesaid purposes, the conciliation officer shall have
the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908).
(5) A court, Labor Court, Tribunal or National
Tribunal may, if it so thinks fit, appoint one or more persons having special
knowledge of the matter under consideration as an assessor or assessors to
advise it in the proceeding before it.
(6) All conciliation officers, members of a Board
or court and the presiding officers of a Labor Court, Tribunal or National
Tribunal shall be deemed to be public servants within the meaning of section 21
of the Indian Penal Code (45 of 1860).
(7) Subject to any rules made under this Act the
costs of, and incidental to, any proceeding before a National Tribunal
shall be in the discretion of that National Tribunal, and the National
Tribunal, as the case may be, shall have full power to determine by and to whom
and to what extent and subject to what conditions, if any, such costs are to be
paid, and to give all necessary directions for the purposes aforesaid and such
costs may, on application made to the appropriate government by the person
entitled, be recovered by that government in the same manner as an arrear of
land revenue.
(8) Every National Tribunal shall be deemed
to be civil court for the purposes of sections 345, 346, and 348 of the Code of
Criminal Procedure, 1973 (2 of 1974).
POWERS OF NATIONAL TRIBUNAL
Where an industrial dispute relating to the
discharge or dismissal of a workman has been referred to a National
Tribunal for adjudication and, in the course of the adjudication proceedings,
the National Tribunal, as the case may be, is satisfied that the order of
discharge or dismissal was not justified, it may, by its award, set aside the
order of discharge or dismissal and direct reinstatement of the workman on such
terms and conditions,
if any, as it thinks fit, or give such other relief
to the workman including the award of any lesser punishment in lieu of
discharge or dismissal as the circumstances of the case may require:
PROVIDED that in any proceeding under this section
the National Tribunal, as the case may be, shall rely only on the
materials on record and shall not take any fresh evidence in relation to the
matter.
DUTIES OF NATIONAL TRIBUNALS
Where an industrial dispute has been referred to a
National Tribunal for adjudication, it shall hold its proceedings expeditiously
and shall, [within the period specified in the order referring such industrial
dispute or the further period extended under the second proviso to sub-section
(2A) of section 10], submit its award to the appropriate government.
MATTERS WITH IN THE JURISDICTION OF INDUSTRIAL TRIBUNALS (SECTION 7A)
1. Wages, including the period and mode of payment;
2. Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and
gratuity;
6.Shift working otherwise than in accordance with
standing orders;
7. Classification by grades;
8. Rules of discipline;
9. Rationalization;
10.Retrenchment of workmen and closure
of establishment;
11. Any other matter that may be prescribed.
MACHINERY PROVIDED FOR SETTLEMENT
OF INDUSTRIAL DISPUTE ACT, 1947.
Works Committee
Sec.3
Conciliation
Officer
Sec.4
Board of Conciliation
Sec.5
Courts of Enquiry
Sec.6
Labour Courts
Sec.7
Industrial
Tribunal
Sec.7A
National tribunal
Sec.7B
Works committee
Sec.3
Where?: In the case where industrial
Establishments with 100 or more workers
Members: Equal number of representatives of
the Employer and Employees but total No. shall not exceed 20.
Objective: promotion of good relationship between
employer and employee(s).
Conclusion: it may be noted that committee
cannot decide and pass final judgment .The recommendation of committee are not binding.
Conciliation Officer Sec.4
Appointed by the appropriate Government.
Duty: Settlement of industrial disputes.
Nature : 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.
Board of Conciliation Sec.5
Appointed by the appropriate Government as occasion
arises for settlement of disputes.
Members: Chairman and 2 or 4 other members.
independent Person.
Objective: To induce the parties to come to a fair
and amicable settlement of the dispute.
Courts of Enquiry Sec.6
Constituted by the appropriate Government as
occasion arises for inquiring into any matter appearing to be connected with or
relevant to an industrial dispute.
Members: A Court may consist of one or more
independent persons.
Objective : to enquire the matter referred to it
by appropriate Govt.& to make a report on matter.
Labour Courts Sec.7
Labour Courts are constituted by the appropriate
Govt. 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.
Members: Court shall consist of one person only
Submit its a Award to the appropriate Govt.
soon after the conclusion of proceedings.
Industrial Tribunals Sec.7a
Tribunals are constituted by the appropriate Govt.
for the adjudication of industrial disputes relating to any matter specified in
the Second Schedule or the Third Schedule and for performing such other
functions as may be assigned to them under this Act.
Members : it shall consist of one person only .
National tribunals Sec.7b
National Tribunals are constituted by the Central
Government 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.
Members : consists of only one person.
w Period of Binding
Settlements:
w A settlement
arrived at in the course of conciliation proceedings is binding for a period
agreed upon by the parties.
w If no such period
is agreed upon, the settlement will remain in force for a period of 6 mths.
From the date on which the memorandum of settlement is signed by the parties to
the dispute.
w It will continue to
be binding until the expiry of 2 mths from the date on which one of the parties
gives notice in writing to the other of its intention to terminate the
settlement.
Awards:
i.An award is binding & will come into operation
on the expiry of 30 days from the date of its publication.
ii.It will remain in operation for a period of 1 year
from the date on which the award becomes enforceable.
iii.Government may reduce the said period & fix
such periods as it thinks fit. The government may also extend the period of
operation by any period not exceeding 1 yr. at a time but the total period of
operation of any award cannot exceed 3 yrs. From the date on which it comes
into operation.
iv.Even if period of operation of an award
expires, it shall be binding on the parties until 2 mths have elapsed from the
date on which notice is given by one party bound by the award to the other
party intimating its intention to terminate the award.
v.If for any reason the award does not become
enforceable, it can never come into operation. The date on which an award comes
into operation may or may not be the date on which it becomes
enforceable.
w Penalties
Penalty for breach of settlement or award:
i.Shall be punishable with imprisonment for a term
which may extend to 6 months. Or with fine.
ii.Or with both (and where the breach is continuing
one, with a further fine which may extend to Rs. 200 for every day during which
the breaches continues after the conviction for the first.
iii.The court trying the offence, if it fines the
offender, may direct that the whole or any part of the fine realized from him
shall be paid, by way of compensation, to any person who, in its opinion, has
been injured by such breach.
strike and lockout in public
utility services.
Sec.22 of the Industrial Disputes Act provides
that:
(1) No person employed in a public
utility service go on strike in breach of contract:
(a) without giving notice of strike to the employer
within six weeks before striking, or
(b) within 14 days of giving notice, or
(c)before the expiry of the date of strike
specified in any such notice as aforesaid, or
(d) during the pendency of any conciliation
proceedings and 7 days after the conclusion of such proceedings.
(2) No employer on any public utility
service shall lockout any of his workmen
(a) without giving them notice of lock-out as
herein after provided within six weeks before locking out; or
(b) within 14 days of giving such notice; or
(c) before the expiry of the date of lockout
specified in any such notice as aforesaid; or
(d) during the pendency of any conciliation
proceeding before Conciliation Officer and seven days after the
conclusion of such proceedings.
Difference between lock-out and
retrenchment
(1)Temporary or permanent: Lockout is
temporary measure, while retrenchment is permanent.
(2) Relationship: In lockout the
relationship of employer and employee is only suspended; it does not come to an
end. In retrenchment such a relationship is severed at the instance of the
employer.
(3) Motive: Lockout is with a motive to
coerce the workmen; the intention of retrenchment is to dispense with surplus
labour.
(4) Trade dispute: Lockout is due to an
industrial dispute, whereas in case of retrenchment, there is no such
dispute
Strike is the ‘act of quitting work done by mutual
understanding by a body of workmen as a means of enforcing
compliance with demands made on their employer, a stopping of work by workmen
in order to obtain or resist a change in conditions of employment’.
Lock-out is temporary suspension by employer
to give employment to the workmen, unless the workmen accept the demands of the
employer.
CONCLUSION
An industrial dispute may be defined as a conflict
or difference of opinion between management and workers on the terms of
employment. It is a disagreement between an employer and employees'
representative; usually a trade union, over pay and other working conditions
and can result in industrial actions.
When an industrial dispute occurs, both the
parties, that is the management and the workmen, try to pressurize each other.
The management may resort to lockouts while the workers may resort to strikes,
picketing or gheraos.
It ensures harmonious relations through:
a) Monitoring of industrial relations in Central
Sphere.
b) Intervention, mediation and conciliation in
industrial disputes in order to bring about settlement of disputes.
c) Intervention in situations of threatened strikes
and lockouts with a view to avert the strikes and lockouts.
d) Implementation of settlements and awards.
Industrial Tribunals are independent judicial
bodies that hear and determine claims to do with employment matters. These
include a range of claims relating to unfair dismissal, breach of contract,
wages/other payments, as well as discrimination on the grounds of sex, race,
disability, sexual orientation, age, part time working or equal pay.
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.
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