Section 3 - Works Committee : Industrial Disputes Act 1947
How to Constitute Works Committee? Section 3 of Industrial Disputes
Section 3 of Industrial Disputes Act 1947 : "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
After section 3, the following section shall be
inserted, namely :-
3A. Joint Management Council-(1) If in respect of any
industrial dispute in which the appropriate Government is the
State Government, the State Government is of opinion that it is
desirable in public interest to take action under this section,
it may, in the case of all industrial establishments or any
class of industrial establishments in such industry, in which
five hundred or more workmen are employed or have been employed
on any day in the preceding twelve months, by general or special
order, require the employer to constitute in the prescribed
manner and within the prescribed time limit a Joint Management
Council consisting of such number of members as may be
prescribed, comprised of representatives of employers and
workmen engaged in the establishment, so however that the
number of representatives of workmen on the Council shall not be
less than the number of representatives of the employers. The
representatives of the workmen on the Council shall be elected
in the prescribed manner by the workmen engaged in the
establishment from amongst themselves :
Provided that a list of industries in respect of which no
order is issued under this sub-section shall be laid by the
State Government before the State Legislature within thirty days
from the commencement of its first Session of each year.
(2) One of the members of the Council shall be appointed as
Chairman in accordance with rules made in this behalf.
3B. Functions of the Council.-(1) The Council shall be
charged with the general duty to promote and assist in the
management of the industrial establishment in a more efficient,
orderly and economical manner, and for that purpose and without
prejudice to the generality of the foregoing provision, it
shall be the duty of the Council-
(a) to promote cordial relations between the employer and
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in
(d) to secure better administration of welfare measures and
adequate safety measures;
(e) to train the employees in understanding the
responsibilities of management of the undertaking and in
sharing such responsibilities to the extent considered feasible;
(f) to do such other things as may be prescribed.
(2) The Council shall be consulted by the employer on all
matters relating to the management of the industrial
establishment specified in sub-section (1) and it shall be the
duty of the Council to advise the employer on any matter so
referred to it.
(3) The Council shall be entrusted by the employer with such
administrative functions appearing to be connected with, or
relevant to, the discharge by the Council of its duties under
this section as may be prescribed.
(4) It shall be for the employer to furnish to the Council
necessary information relating to such matters as may be
prescribed for the purpose of enabling it to discharge its
duties under this Act.
(5) The Council shall follow such procedure in the discharge
of its duties as may be prescribed" - Gujarat Act No. 21 of
In section 3, to sub-section (1), the following proviso shall be
added, namely :-
Provided that, where there is a recognised union for any
undertaking under any law for the time being in force, then the
recognised union shall appoint its nominees to represent the
workmen who are engaged in such undertaking.
Explanation.-In the proviso to sub-section (1), the
expression 'undertaking' includes an establishment." -Maharashtra
Act No. 1 of 1972.
After section 3 insert the following section :
3A. Registrar and Assistant Registrar - (1) The State
Government shall, by notification in the Official Gazette,
appoint a person to be the Registrar of Unions for the purpose
of this Act for the whole of the State.
(2) The State Government may, by similar notification,
appoint a person to be the Assistant Registrar of Unions for any
local area and may, by general or special order, confer on such
person all or any of the powers of the Registrar of Unions under
this Act." - Rajasthan Act No. 34 of 1958.