Rahul (appellant) was working as a Clerk in a Nationalised Bank posted at MG Road Branch, Panipat. He joined the branch on 1st November, 2016 and was assigned the duties of cashier. As per appellant he attended the duty

CS Professional · Labour Laws and Practice · PYQS · June 2024
Rahul (appellant) was working as a Clerk in a Nationalised Bank posted at MG Road Branch, Panipat. He joined the branch on 1st November, 2016 and was assigned the duties of cashier. As per appellant he attended the duty on 10th and 11th November, 2018 and his attendance was marked on the muster roll for both days. But according to the Bank authorities the appellant absented from duties on both days without permission. The case of the Bank further was that the appellant on 10th November, 2018 entered the Bank with about 15 persons in the morning and went to the office of the Chief Manager and thereafter left the office. Again, on 11th November, 2018 he worked up to 2.30 pm and absented himself from duty thereafter. The bank deducted two days wages of appellant treating him absent from duty. As a reason of this, Appellant went on strike, later he provoked other bank employees as well and they all went on strike for first four hours on 13th November, 2018 without complying the notice period. Hence, the bank issued an administrative circular as per their Standing Orders, the employees cannot go on strike for first four hours, warning the employees that they would be committing a breach of their contract of service if they participate in the strike. By ignoring the order, they have participated in the strike from the beginning of the working hours on 13th November, 2018. The employees however, resumed work on that day after the strike hours and the bank did not prevent them from doing so. The bank had already made it clear in advance, that if they will go on strike for first four hours, they would not be entitled to the wages for the whole day and hence they need not report for work thereafter. On 16th November, 2018, the Bank issued a circular directing the managers to deduct the full day's wages of those employees who had participated in the strike. The employees requested to the Chief Manager not to make deduction from wages, but the bank deducted their wages, hence the employees referred the matter to the Labour Court. On the basis of above facts, answer the following questions: Discuss the various authorities for the settlement of disputes between Bank and their employees under the Industrial Disputes Act, 1947.

Answer & Explanation:

The various Authorities for the settlement of industrial disputes are mentioned under Section 3 to 7 of the Industrial Disputes Act, 1947 which are applicable to Bank and their employees. Works Committee (Section 3): 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. 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 Officers (Section 4): 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. Board of Conciliation (Section 5): 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. Courts of Inquiry (Section 6): 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. Labour Courts (Section 7): The appropriate Government is empowered to constitute one or more Labour Courts for 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 the Act. Tribunals (Section 7A): 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 and for performing such other functions as may be assigned to them under this Act. National Tribunals (7B): The Central Government alone has been empowered to constitute one or more National Tribunals for the adjudication of industrial disputes which (a) involve questions of national importance or (b) 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.

Topics: Industrial Disputes Act, 1947

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