Chapter VII - Industrial dispute resolution

43. Conciliation officers.—(1) The appropriate Government may, by notification, 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.

44. Industrial Tribunal.—(1) The appropriate Government may, by notification, constitute one or
more Industrial Tribunals for the adjudication of industrial disputes and for performing such other
functions as may be assigned to them under this Code and the Tribunal so constituted by the Central
Government shall also exercise the jurisdiction, powers and authority conferred on the Tribunal, as
defined in clause (m) of section 2 of the Employees' Provident Funds and Miscellaneous Provisions
Act, 1952 (19 of 1952) by or under that Act.

   (2) Every Industrial Tribunal shall consist of two members to be appointed by the appropriate
Government out of whom one shall be a Judicial Member and the other, an Administrative Member.

   (3) A bench of the Tribunal shall consist of a Judicial Member and an Administrative Member or
single Judicial Member or single Administrative Member.

   (4) The qualifications for appointment, method of recruitment, term of  office, salaries and
allowances, resignation, removal and the other terms of conditions of service of the Judicial Member
and the Administrative Member of the Tribunal constituted by the Central Government shall be in
accordance with the rules made under section 184 of the Finance Act, 2017 (7 of 2017):

   Provided that a person who has held a post below the rank of Joint Secretary to the Government of
India or an equivalent rank in the Central Government or a State Government, shall not be eligible to
be appointed as an Administrative Member of the Tribunal.

   (5) The term of office of the Judicial Member and the Administrative Member of a Tribunal
constituted by the State Government under sub-section (1), their salaries and allowances, resignation,
removal and other terms and conditions of service shall be such as may be prescribed by the State
Government.

   (6) The salary and allowances and the terms and conditions of service of the Judicial Member or
Administrative Member referred to in sub-section (2) and appointed by a State Government shall not
be varied to his disadvantage after his appointment.

   (7) The procedure of the Tribunal (including distribution of cases in the benches of the Tribunal)
shall be such as may be prescribed, provided a bench consisting of a Judicial Member and an
Administrative Member shall entertain and decide the cases only relating to—

       (a) the application and interpretation of standing order;

       (b) discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen
   dismissed;

        (c) illegality or otherwise of a strike or lockout;

       (d) retrenchment of workmen and closure of establishment; and

       (e) Trade Union disputes,

and the remaining cases shall be entertained and decided by the bench of the Tribunal consisting either
a Judicial Member or an Administrative Member of the Tribunal.

   (8) The Judicial Member shall preside over the Tribunal where the bench of the Tribunal consists of
one Judicial Member and one Administrative Member.

    (9) If, for any reason, a vacancy (other than a temporary absence) occurs in a National Industrial
Tribunal or a Tribunal, then, such vacancy shall be filled up in such manner as may be prescribed,
without prejudice to the provisions of sub-section (4) or sub-section (5), as the case may be, and the
proceeding shall be continued before such National Industrial Tribunal or Tribunal, as the case may be,
from the stage at which the vacancy is filled.

   (10) The appropriate Government may provide such number of officers and other staff as it thinks
fit in consultation with the Judicial Member of the Tribunal which may be required for the due discharge
of the functioning of the Tribunal.

45. Finality of constitution of Tribunal.—No  notification of the appropriate Government
appointing any person as a Judicial Member or an Administrative Member of a Tribunal shall be called
in question in any manner; and no act or proceeding before the Tribunal shall be called in question in
any manner on the ground mainly of the existence of any vacancy in, or defect in the constitution of
such Tribunal.

46. National Industrial Tribunal.—(1) The Central Government may, by notification, 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 Industrial Tribunal shall consist of two members to be appointed by the Central
Government out of whom one shall be a Judicial Member and the other, an Administrative Member.

   (3) A person shall not be qualified for appointment as the Judicial Member of a National Industrial
Tribunal unless he is, or has been, a Judge of a High Court.

   (4) A person shall not be qualified for appointment as Administrative Member of a National
Industrial Tribunal unless, he is or has been Secretary to the Government of India or holding an
equivalent rank in the Central Government or State Government, having adequate experience of
handling the labour related matters.

   (5) The Judicial Member shall preside over a National Industrial Tribunal.

   (6) The procedure of selection of Judicial Member and Administrative Member of the National
Industrial Tribunal, their salaries, allowances and other terms and conditions of service shall be such as
may be prescribed.

   (7) The Central Government may provide such number of officers and other staff as it thinks fit in
consultation with the Judicial Member of the National Industrial Tribunal which may be required for
the due discharge of the functioning of the National Industrial Tribunal.

47. Decision of Tribunal or National Industrial Tribunal.—(1) The decision of a Tribunal or a
National Industrial Tribunal, as the case may be, shall be by consensus of the members.

   (2) If the members of a Tribunal or a National Industrial Tribunal differ in opinion on any point,
they shall state the point or points on which they differ, and make a reference to the appropriate
Government.

   (3) The appropriate Government shall, on receipt of a reference made under sub-section (2), appoint
a Judicial Member of other Tribunal or a National Industrial Tribunal, who shall hear the point or points
himself and such point or points shall be decided according to the majority of the members of a Tribunal
or a National Industrial Tribunal, as the case may be, who have first heard the case, including the
Judicial Member of the other Tribunal who heard the case thereafter.

48. Disqualifications for members of Tribunal and National Industrial Tribunal.—No person
shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial
Tribunal, respectively, if—

          (a) he is not an independent person; or

          (b) he has attained the age of sixty-five years.

   Explanation.—For the purposes of this section "independent person" means a person who is
unconnected with the industrial dispute referred to a Tribunal or National Industrial Tribunal or with
any industry directly affected by such dispute.

49. Procedure and powers of arbitrator, conciliation officer, Tribunal and National Industrial
Tribunal.—(1) Subject to the provisions of this Code and the rules that may be made in this behalf, an
arbitrator, conciliation officer, Tribunal or National Industrial Tribunal shall follow such procedure as
the arbitrator, conciliation officer, Tribunal or National Industrial Tribunal may deem fit.

    (2) A conciliation officer or an officer authorised in this behalf by the Tribunal or National Industrial
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) The conciliation officer, Tribunal and National Industrial Tribunal shall have the same powers
as are vested in a civil court under the Code of Civil Procedure,1908 (5 of 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 Tribunal or National Industrial Tribunal, shall be deemed to be a
judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 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 Code, 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), in respect of enforcing the attendance of any person and examining him
or of compelling the production of documents.

   (5) The appropriate Government may, if it so thinks fit, appoint one or more persons having special
knowledge of the matter under consideration as assessors or experts to advise a Tribunal or National
Industrial Tribunal, as the case may be, in respect of any proceeding before either of the said Tribunals.

   (6) All conciliation officers and the members of a Tribunal or National Industrial 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 Code, the costs of, and incidental to, any proceeding before
a Tribunal or National Industrial Tribunal shall be in the discretion of that Tribunal or National
Industrial Tribunal and the Tribunal or National Industrial Tribunal, as the case may be, shall have full
powers 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 Tribunal or National Industrial 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).

   (9) Every award made, order issued or settlement arrived at by or before a Tribunal or a National
Industrial Tribunal shall be executed in accordance with the procedure laid down for execution of orders
and decree of a civil court under Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) and for
that purpose such Tribunal or National Industrial Tribunal shall be deemed to be a civil court.

50. Powers of Tribunal and National Industrial Tribunal to give appropriate relief in case of
discharge or dismissal of worker.—(1) Where the application under sub-section (6) of section 53
relating to an industrial dispute involving discharge or dismissal or otherwise termination of a worker
has been made to a Tribunal or has been referred to a National Industrial Tribunal for adjudication, and,
in the course of adjudication proceedings, the Tribunal or National Industrial Tribunal, as the case may
be, is satisfied that the order of discharge or dismissal or otherwise termination was not justified, it may,
by its award, set aside the order of discharge or dismissal or termination and direct reinstatement of the
worker on such terms and conditions, if any, as it thinks fit, or give such other relief to the worker
including the award of any lesser punishment in lieu of discharge or dismissal or otherwise termination,
as the circumstances of the case may require.

   (2) A Tribunal or National Industrial Tribunal, as the case may be, may, in the interest of justice,
grant such interim relief to the worker referred to in sub-section (1) during the pendency of the industrial
dispute as the circumstances of the case may require: Provided that in any proceeding under this sub-
section the Tribunal or National Industrial 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.

51. Transfer of pending cases.—(1) On and from the date of commencement of this Code, the cases
pending immediately before such commencement—

       (a) in the Labour Court and the Tribunal constituted under the Industrial Disputes Act, 1947 (14
   of 1947), shall be transferred to the Tribunal having corresponding jurisdiction under this Code;

       (b) in the National Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947) shall
   be transferred to the National Industrial Tribunal having corresponding jurisdiction under this Code.

       (2) The cases transferred under sub-section (1) to the Tribunal or the National Industrial Tribunal
   shall be dealt with de novo or from the stage at which they were pending before such transfer, as it
  may deem fit.

52. Adjustment of services of presiding officers under repealed Act.—A presiding officer of a
Labour Court or Tribunal or, as the case may be, National Tribunal, constituted under the Industrial
Disputes Act, 1947 (14 of 1947), holding office as such immediately before the commencement of this
Code and is qualified to be appointed under this Code, shall be the Judicial Member of the Tribunal or,
as the case may be, the Judicial Member of the National Industrial Tribunal, and shall continue as such
for the remaining period of his office.

53. Conciliation and adjudication of dispute.—(1) Where any industrial dispute exists or is
apprehended or a notice under section 62 has been given, the conciliation officer shall, hold conciliation
proceedings in such manner as may be prescribed:

   Provided that the conciliation officer shall not hold any such proceedings relating to the industrial
dispute after two years from the date on which such industrial dispute arose.
    (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute,
without delay, investigate the dispute and all matters affecting the merits and right settlement thereof
and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and
amicable settlement of the dispute.

    (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the
conciliation proceedings, the conciliation officer shall send a report thereof to the appropriate
Government or an officer authorised in this behalf by the appropriate Government together with a
memorandum of the settlement signed by the parties to the dispute.

    (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable, after the
close of the investigation, send to the concerned parties and to the appropriate Government a full report,
in the electronic or other form as may be prescribed, setting forth the steps taken by him for ascertaining
the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together
with a full statement of such facts and circumstances, and the reasons on account of which, in his
opinion, a settlement could not be arrived at.

   (5) Notwithstanding anything contained in sub-section (4), the conciliation officer shall send the
report to the concerned parties and the appropriate Government within forty-five days of the
commencement of the conciliation proceedings or within such shorter period as may be fixed by the
appropriate Government:

   Provided that where a conciliation officer receives notice under section 62, he shall send the report
to the concerned parties and to the appropriate Government within fourteen days of the commencement
of the conciliation proceedings:

   Provided further that subject to the approval of the conciliation officer, the time may be extended by
such period as may be agreed upon in writing by the concerned parties to the dispute.

    (6) Any concerned party may make application in the prescribed form to the Tribunal in the matters
not settled by the conciliation officer under this section within ninety days from the date on which the
report under sub-section (4) is received to the concerned party and the Tribunal shall decide such
application in the prescribed manner.

54. Reference to and functions of National Industrial Tribunal.—(1) The Central Government
may refer an industrial dispute to a National Industrial Tribunal which in the opinion of such
Government involves question  of  national importance  or  is  of such a  nature  that  industrial
establishments situated in more than one State are likely to be interested in, or affected by such industrial
dispute.

   (2) Where an industrial dispute has been referred under sub-section (1) or transferred under section
92 by the Central Government to a National Industrial Tribunal for adjudication,  it shall hold its
proceedings expeditiously and shall, within the period specified in the order referring or transferring
such industrial dispute or further period extended by the Central Government, submit its award to that
Government.

55. Form of award, its communication and commencement.—(1) The award of—

          (i) a Tribunal delivered by a bench consisting of a Judicial Member and an Administrative
  Member or a single Judicial Member or a single Administrative Member; or

          (ii) a National Industrial Tribunal,
shall be in writing and shall be signed electronically or otherwise, as the case may be, by both the
Judicial Member and  the  Administrative Member  or  either by  the  Judicial Member  or  the
Administrative Member by whom the award is delivered.

   (2) Every arbitration award and every award of Tribunal or National Industrial Tribunal shall be
communicated to the parties concerned and the appropriate Government.

   (3) An award made under this Code shall become enforceable on the expiry of thirty days from the
date of its communication under sub-section (2):

   Provided that—

      (a) if the appropriate Government is of the opinion in any case, where the award has been given
   by a Tribunal in relation to an industrial dispute to which it is a party; or

     (b) if the Central Government is of opinion in any case, where the award has been given by a
   National Industrial Tribunal,

that it will be inexpedient on public grounds affecting national 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, declare that the award shall not become enforceable on the expiry of
the said period of thirty days.

    (4) Where any declaration has been made  in  relation  to an award under the proviso  to
sub-section (3), the appropriate Government or the Central Government, as the case may be, may, within
ninety days from the date of communication of the award under sub-section (2), make an order rejecting
or modifying the award, and shall, on the first available opportunity, lay the award together with a copy
of the order before the Legislature of the State, if the order has been made by a State Government, or
before Parliament, if the order has been made by the Central Government.

   (5) Where any award as rejected or modified by an order made under sub-section (4) is laid before
the Legislature of a State or before Parliament, such award shall become enforceable on the expiry of
fifteen days from the date on which it is so laid; and where no order under sub-section (4) is made in
pursuance of a declaration under the proviso to sub-section (3), the award shall become enforceable on
the expiry of the period of ninety days referred to in sub-section (4).

   (6) Subject to the provisions of sub-section (3) and sub-section (5) regarding the enforceability of
an award, the award shall come into operation with effect from such date as may be specified therein,
but where no date is so specified, it shall come into operation on the date when the award becomes
enforceable under sub-section (3) or sub-section (5), as the case may be.

56. Payment of full wages to worker pending proceedings in higher Courts.—Where in any case,
a Tribunal or a National Industrial Tribunal by its award directs reinstatement of any worker and the
employer prefers any proceedings against such award in a High Court or the Supreme Court, the
employer shall be liable to pay such worker, during the period of pendency of such proceedings in the
High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance
admissible to him under any rule if the worker had not been employed in any establishment during such
period and an affidavit by such worker had been filed to that effect in such Court:

   Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such
worker had been employed and had been receiving adequate remuneration during any such period or
part thereof, the Court shall order that no wages shall be payable under this section for such period or
part, as the case may be.

57. Persons on whom settlements and awards are binding.—(1) A settlement arrived at by
agreement between the employer and worker otherwise than in the course of conciliation proceeding
shall be binding on the parties to the agreement.

   (2) 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.

   (3) A settlement arrived at in the course of conciliation proceedings under this Code or an arbitration
or an award of a Tribunal or National Industrial 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
    arbitrator, Tribunal or National Industrial 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 workers, all persons who
   were employed in the establishment or part of the establishment, as the case may be, to which the
   dispute relates on the date of the dispute and all persons who subsequently become employed in that
   establishment or part.

58. Period of operation of settlements and awards.—(1) 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.

    (2) 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 expiry of sixty days 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.

   (3) 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 55:

   Provided that the appropriate Government may reduce the said period and fix such period as it thinks
fit:

   Provided further that the appropriate Government may, before expiry of the said period, extend the
period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the
total period of operation of any award does not exceed three years from the date on which it came into
operation.

   (4) Where the appropriate Government, whether of its own motion or on the application of any party
bound by the award, considers that since the award was made, there has been a material change in the
circumstances on which it was based, the appropriate Government may refer the award or part of it to
the Tribunal, if the award is made by the Tribunal for decision whether the period of operation should
not, by reason of such change, be shortened and the decision of the Tribunal on such reference shall be
final.
   (5) Nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other
circumstances does not impose, after it has been given effect to, any continuing obligation on the parties
bound by the award.

    (6) Notwithstanding the expiry of the period of operation under sub-section (3), the award shall
continue to be binding on the parties until a period of sixty days has elapsed from the date on which
notice is given by any party bound by the award to the other party or parties intimating its intention to
terminate the award.

   (7) No notice given under sub-section (2) or sub-section (6) shall have effect, unless it is given by a
party representing the majority of persons bound by the settlement or award, as the case may be.

59. Recovery of money due from employer.—(1) Where any money is due to a worker from an
employer under a settlement or an award or under the provisions of Chapter IX or Chapter X, the worker
himself or any other person authorised by him in writing in this behalf, or, in the case of the death of
the worker, his assignee or heirs may, without prejudice to any other mode of recovery, make an
application to the appropriate Government for the recovery of the money due to him, and if the
appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount
to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:

   Provided that every such application shall be made within one year from the date on which the
money became due to the worker from the employer:

   Provided further that any such application may be entertained after the expiry of the said period of
one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not
making the application within the said period.

    (2) Where any worker is entitled to receive from the employer any money or any benefit which is
capable of being computed in terms of money and if any question arises as to the amount of money due
or as to the amount at which such benefit should be computed, then the question may, subject to any
rules that may be made under this Code, be decided by such Tribunal as may be specified in this behalf
by the appropriate Government within a period not exceeding three months:

   Provided that where the Tribunal considers it necessary or expedient so to do, it may, for reasons to
be recorded in writing, extend such period by such further period as it may think fit.

   (3) For the purposes of computing the money value of a benefit referred to in sub-section (2), the
Tribunal may, if it so thinks fit, appoint a Commissioner who shall, after taking such evidence as may
be necessary, submit a report to the Tribunal and the Tribunal shall determine the amount after
considering the report of the Commissioner and other circumstances of the case.

   (4) The decision of the Tribunal shall be forwarded by it to the appropriate Government and any
amount found due by the Tribunal may be recovered in the manner provided for in sub-section (1).

   (5) Where workers employed under the same employer are entitled to receive from him any money
or any benefit capable of being computed in terms of money, then, subject to such rules as may be made
in this behalf, a single application for the recovery of the amount due may be made on behalf of or in
respect of any number of such workers.

60. Commencement and conclusion of proceedings.—(1) A conciliation proceeding shall be
deemed to have commenced on the date on which the first meeting is held by the conciliation officer in
an industrial dispute after the receipt of the notice of strike or lock-out by the conciliation officer.

   (2) A conciliation proceeding shall be deemed to have concluded—
       (a) where a settlement is arrived at, when a memorandum of the settlement is signed by the
   parties to the dispute;

       (b) where no settlement is arrived at, and failure of conciliation is recorded by the conciliation
   officer; or (c) when a reference is made to a National Industrial Tribunal, under this Code, during
   the pendency of conciliation proceedings.

    (3) Proceedings before an arbitrator or a Tribunal or a National Industrial Tribunal under this Code
shall be deemed to have commenced on the date of filing application or appeal or on the date of
reference of the dispute for arbitration or adjudication, as the case may be, and such proceedings shall
be deemed to have concluded on the date on which the award becomes enforceable.

61. Certain matters to be kept confidential.—There shall not be included in any report or award
under this Code, any information obtained by a conciliation officer, arbitrator, Tribunal or National
Industrial Tribunal, in the course of any investigation or inquiry as to a Trade Union or as to any
individual business (whether carried on by a person, firm or company) which is not available otherwise
than through the evidence given before such conciliation officer, arbitrator, Tribunal, or National
Industrial Tribunal, if the Trade Union, person, firm or company, in question has made a request in
writing to the conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, as the case may
be, that such information shall be treated as confidential; nor shall such conciliation officer, or the
arbitrator, or the presiding officer of a Tribunal or a National Industrial Tribunal or any person present
at or concerned in the proceedings disclose any such information without the consent in writing of the
secretary of the Trade Union or the person, firm or company in question, as the case may be:

   Provided that nothing contained in this section shall apply to a disclosure of any such information
for the purposes of a prosecution under section 193 of the Indian Penal Code (45 of 1860).

                        CHAPTER VIII

                                STRIKES AND LOCK-OUTS