Section 49: Procedure and powers of arbitrator, conciliation officer, Tribunal and National Industrial Tribunal

Finin2min analysis — what the section actually does

Full statutory text — Section 49

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.

How to apply this provision

1. Primary statutory test — (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. Additional operative limb — (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;
3. Central Rule mapping — 45. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
4. Evidence file — retain facts and records proving the role/status of: Appropriate Government, Tribunal.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 49

Source & verification trail