Course Coordinator
Mr. Jagdish Khobragade
Assistant Professor of Law
MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR
Employer under Industrial Disputes Act, 1947
Section 2(g)
(g) " employer" means-
(i) in relation to an industry carried on by or under the authority of any
department of (the Central Government or a State Government), the
authority prescribed in this behalf, or where no authority is prescribed,
the head of the department;
(ii) in relation to an industry carried on by or on behalf of a local
authority, the chief executive officer of that authority;
Authorities under the Industrial Disputes
Act,1947
The following are the authorities specified under
the Industrial Dispute Act.
Works Committee.
Conciliation Officers.
Board of Conciliation.
Court of Inquiry.
Labour Court.
Industrial Tribunal.
National Tribunal.
Section 3. Works 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. The representatives of the workmen shall be chosen
in the prescribed manner from among the workmen engaged in the
establishment and in consultation with their trade union, if any,
registered under the Indian Trade Unions Act, 1926 (16 of 1926).
(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.
Works Committee
A committee composed of both employer
and employees convened to discuss
matters of common interest concerning a
factory, plant, business policy, etc,
A body representing the workers of a
plant, factory, etc, elected to negotiate
with the management about working
conditions, wages, etc.
Composition of works committee
The works committee- set up under the
Industrial Dispute Act,1947.
Under this Act, every establishment
employing 100 or more workers is required
to constitute a works committee as a
scheme of workers participation in
management.
It consists of equal number of
representatives from the employer and the
employees.
Aims and objectives of Works Committee
The main aim to establish works committee is to
promote measures for maintaining harmonious
relations in the work place and to sort out
differences of opinion on work related issues. E.g.
Work conditions and benefits. Such other
objectives are:
To negotiate on the matters of general interests.
To maintain industrial peace.
To share the workload
To encourage workers to have a say
To get ideas for the workplace and workers.
Functions of Work Committee
Works committee deals with matters of day-to-day
functioning at the ground level. Works committees
are concerned with:
Health: Ventilation, Lighting, Temperature and
Sanitation facilities.
Safety: Accident Prevention, Occupational diseases
and Protective equipments.
Welfare: Rest rooms, medical and health services,
drinking water.
Administration of welfare and fine funds.
Educational and recreational activities. E.g. Health,
Safety and Welfare committee. Such committees
were made in TATA Iron & Steel Works, Jamshedpur,
Carnatik Mill in Madras in 1922.
Adjustments of festivals and national holidays.
Promotion of savings.
To see that the decisions taken in the works
committee are fully enforced.
Northbrook Jute Company Ltd And Another v.Their Workmen AIR1960 SC
87
Industrial Disputes Act, Ss. 3(b), 9A, 33, and 33A Works committee Function of
Workmen's representatives on the works committee agreeing to the introduction
of a scheme of rationalization resulting in increased workload and which was
likely to render some of the hands surplus -Such agreements, if binding on the
concerned workmen.
Industrial Disputes Act, Ss. 9A and 33A Notice of change for introducing a
scheme of rationalization given by the employer Dispute relating to the
justifiability of the proposed scheme of rationalization, referred for adjudication
pending such adjudication but after the expiry of the 21 days mentioned for the
notice of change, the employer attempting to introduce the scheme of
rationalization Such scheme likely to result in increase of workload and also
likely to render some of the workmen surplus Concerned workmen, refusing to
work as per the scheme.
Consequently the employer declaring lockout Employer, if contravened the
provisions of S. 33A of the Act in attempting to introduce the scheme of
rationalization Such action of the employer, it was prejudicial to the concerned
workmen Employer, in the circumstances, if bound to pay wages for the period
of lockout Refusal on the part of the concerned workmen not to work as per the
new scheme, if amounted to strike.
Northbrook Jute Company Ltd And Another v.Their Workmen AIR1960 SC
87
Held, (1) that the workmen's representatives on the Works Committee
represented the workmen only for the purpose of the functions of the Works
Committee and that the approval of the scheme of rationalisation by the Works
Committee was not binding on the workmen or their Union. Kemp and
Company Ltd. v. Their Workmen, [1955] 1 L.L.J. 48, approved.
(2) that the introduction of a rationalisation scheme was an alteration of
conditions of service to the prejudice of the workmen.
(3) that the alteration of conditions of service was made not when notice under
s. 9A of the Industrial Disputes Act was given but on December 16, when the
rationalisation scheme was put into operation, and that as it was done when
the reference was pending before the Tribunal, it was a contravention of s. 33 of
the Act.
(4) that the closure of the mills in the circumstances of this case by the
employer amounted to an illegal lock-out and that the workmen unable to work
in consequence of the lock-out were entitled to wages for the period of absence
caused by such lock-out.
Union of India & Anr. v. M.T.S.S.D. Workers Union & Ors, AIR1988 SC 633
The respondents filed a writ petition in the High Court for quashing the order
dated 31.1.1984 of the authorities, informing the respondent Union about the
scheme of election to the Works Committee to be constituted for the period
1984-86, on the basis of division in different constituencies under the Industrial
Disputes (Central) Rules, 1957, framed under the Industrial Disputes Act, 1947.
The High Court held that such a distribution of constituencies was not
permissible in view of the scheme of the Rules, especially Rules 39, 41. 42 and
43.
In the appeal by special leave, on behalf of the appellants it was contended that
such a division of constituencies to give appropriate representation to various
sections, groups and categories of workers, skilled, unskilled, clerical and
otherwise, was justified under Rule 39 and proviso to Rule 43.
On behalf of the respondents, it was contended that while Rule 42
contemplated only division in two constituencies, that is, those who were
members and those were not, of a registered trade union, it further provided
that where more than half the workers belonged to one registered trade union,
there was no need for any division of constituencies, and election will be only
by general vote of workers of the industry and, therefore, the High Court was
right in holding that the division of constituencies as contemplated in the
aforesaid order was not permissible. Dismissing the appeal.
Union Of India & Anr. V. M.T.S.S.D. Workers Union & Ors, AIR1988 SC 633
HELD: The scheme of the Industrial Disputes (Control) Rules, 1957 for the constitution
of Works Committee clearly provides that (a) where there is a registered trade union
having more than 5O per cent membership of the workers in that establishment, the
total number of members of the Works Committee will be elected without distribution of
any constituencies; and (b) if in an industry, no trade union registered under the Trade
Unions Act represents more than 50 per cent of the members, then only the election
will be held in two constituencies, one from the members of the registered trade union
or unions and the other from nonmembers of the trade unions and it is only in this
contingency, it is further provided that, if the employer thinks proper, may further sub
divide the constituency into department, section or shed.
When there is a registered trade union in an establishment, having more than 50 per
cent membership, the exercise under Rule 43 of the Industrial Disputes (Control)
Rules, 1957 is futile and is not called for.
In the instant case since the respondent union's membership is more than 50 per cent,
the distribution of constituencies under Rule 42 is not contemplated and, therefore,
there is no occassion for Rule 43 or proviso therein to come into operation.
Reasons of failure of Works Committee
Such committees are not that much effective in maintaining
industrial peace and harmony.
Employees consider it below their dignity and status to sit
alongside blue-collar workers.
Lack of competence and interest on the part of worker’s
representatives.
Lack of feedback on performance of works committee.
One of the main reasons of their failure was the vagueness of
these purposes as stated in the Act.
In many industries, the works committees have been only on
papers. They do not function at all, meet regularly or discuss
matters of real importance.
Recommendations of the National
Commission on Labour, 1969-
The National Commission on Labour under the Chairmanship of
Justice Gajendragadkar in 1969 critically examined the pros and
cons of the Works Committee and finally recommended the
following points.
A more responsive attitude on the part of the management.
Adequate support from the unions.
Proper appreciation of the scope and functions of the works
committees.
Whole-hearted implementation of the recommendations of the
works committees; and
Proper coordination of the functions of the
multiple bipartite institutions at the plant level
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