Reference Of Disputes

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Reference Of Disputes

The adjudication with reference of disputes, of industrial disputes by Conciliation Board, Labour Court. Also the Court of Inquiry, Industrial Tribunal or National Tribunal. That can take place when a reference to this effect has been made by the appropriate Government under Section 10. The various provisions contained in this lengthy Section are summed up below:

Reference of disputes to various Authorities

• Any industrial dispute exists or is apprehended where the appropriate Government is of the opinion that. Therefore, it may at any time, by order in writing make a reference to various authorities in the following ways:
• It may refer the dispute to a Conciliation Board for promoting the settlement of the dispute. As noted earlier, the duty of the Board is to promote settlement and not to adjudicate the dispute. A failure report of the Board will help the Government to make up its mind as to whether the dispute can be referred for compulsory adjudication. Further, any matter appearing to be connected with or relevant to the dispute cannot be referred to a Conciliation Board.
• It may refer any matter relevant to the dispute to a Court of Inquiry or be appearing to be connected with. The purpose of making such a reference is not conciliatory or adjudicatory but only investigatory.
• It may refer the dispute, or any matter appearing to be connected with, or relevant to, the dispute if it relates to any matter specified in the Second Schedule, to a Labour Court for adjudication. However, disputes relating to any matter falling in the Third Schedule can also be referred to a Labour Court, if the appropriate Government so thinks fit provided the dispute is not likely to affect more than 100 workmen.

 

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