Chapter: 2.1 Duties of Industrial Court

Duties of Industrial Court

• The duties of the Industrial Court are as follows:
a) to decide an application by a union for grant of recognition to it,
b) to decide an application by a union for grant of recognition to it in place of union which has already been recognized under this Act.
c) to decide an application from another union or an employer for withdrawal or cancellation of the recognition of union, ~
d) to decide complaints relating to unfair Labour practices expect unfair Labour practices falling in them 1 of Schedule IV
e) to assign work, and to give directions, to the Investigating Officers in matters of verification of membership of unions and investigation of complaints relating to unfair Labour practices
f) to decide references made to it on any point of law by any civil or criminal court, and
g) to decide appeals under section 42.

Under section 6 of this Act, State Govt. shall by notification, constitute one or more Labour Courts having jurisdiction in such local areas, as may be specified in such notification, and shall appoint persons having the prescribed qualifications to preside over such Courts.

It shall be the duty of the Labour Court to decide complaints relating to unfair Labour practices described in item 1 of Schedule IV and to try offences punishable under this Act.

Under Section 24 the explanation regarding the illegal strikes and lockouts has been given .

Under Section 26 Unfair labour practices have been terminalised which are in Schedule II, III and IV of this Act.

Schedule II has described the unfair Labour practices on the part of EMPLOYERS. These include
a) threatening employees with discharge or dismissal, if they join a union,
b) threatening a lockout or closure, if a union should be organized,
c) granting wage increase to employees at crucial periods of union organization, with a view to undermining the efforts of the union at organization,
d) to dominate interfere with or contribute, support-financial otherwise to any union,
e) to establish employer sponsored unions
f) to encourage or discourage membership in any by discriminating against any employee,
g) to refuse to bargain, collectively, in good faith with the recognized union,
h) proposing or continuing a lockout deemed to be illegal under this Act.