Section 14 of the Industrial Disputes Act 1947 - Duties of Courts
Section 14 lays down the duty of a Court of Inquiry constituted under the Industrial Disputes Act, 1947. The Court must inquire into the matters referred to it and report on those matters to the appropriate Government, ordinarily within six months from commencement of the inquiry.
- Section 14 concerns a Court of Inquiry under the Industrial Disputes Act.
- The Court must inquire into the matters referred to it.
- It must report on those matters to the appropriate Government.
- The report should ordinarily be made within six months from commencement of the inquiry.
- The Court's function is inquiry and reporting; it is distinct from adjudication by a Labour Court, Tribunal or National Tribunal.
Statutory rule under Section 14
What is a Court under the Industrial Disputes Act?
For Section 14, the word Court refers to a Court of Inquiry constituted under Section 6 of the Industrial Disputes Act, 1947. It does not mean an ordinary Civil Court or criminal court.
Under Section 6, the appropriate Government may, as occasion arises, constitute a Court of Inquiry by notification in the Official Gazette to inquire into any matter appearing to be connected with or relevant to an industrial dispute. A Court may consist of one independent person or such number of independent persons as the appropriate Government thinks fit. If it has two or more members, one is appointed chairman.
Section 14 duty to inquire
The first statutory obligation is to inquire into the matters referred to the Court. The scope of the inquiry is therefore connected to the reference made to it. Section 10 permits the appropriate Government, where an industrial dispute exists or is apprehended, to refer a matter appearing to be connected with or relevant to the dispute to a Court for inquiry.
Duty to report to the appropriate Government
After inquiry, the Court must report on the referred matters to the appropriate Government. Section 2(a) determines which Government is the appropriate Government for the industrial dispute concerned. Depending on the establishment, industry and statutory category, this may be the Central Government or the State Government.
Ordinary six-month period
Section 14 states that the Court should report ordinarily within six months from commencement of its inquiry. The word "ordinarily" forms part of the statutory wording. The provision therefore expresses the normal period contemplated for completion and reporting rather than using an unqualified statement that every inquiry automatically terminates at the end of six months.
Powers and procedure of a Court of Inquiry
Section 11 supplements the functions under Section 14. Subject to rules made under the Act, a Court may follow such procedure as it thinks fit. A member of the Court may, after reasonable notice and for the purpose of inquiry into an existing or apprehended industrial dispute, enter premises occupied by an establishment to which the dispute relates.
A Court also has the same powers as a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, for the matters specified in Section 11(3), including enforcing attendance and examination on oath, compelling production of documents and material objects, issuing commissions for examination of witnesses, and other prescribed matters.
Inquiry is treated as a judicial proceeding for specified purposes
Under the pre-1 July 2024 legal framework, Section 11(3) provided that every inquiry or investigation by a Court, among other specified authorities, was deemed a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860. Section 193 dealt with punishment for false evidence, while Section 228 dealt with intentional insult or interruption to a public servant sitting in a judicial proceeding.
Independent composition of the Court
Section 6 requires the member or members of a Court of Inquiry to be independent persons. Where there are two or more members, one is appointed as chairman. Subject to the prescribed quorum, the Court may act despite absence of the chairman or a member or a vacancy, subject to the statutory proviso concerning cessation of the chairman's availability.
Section 14 compared with Sections 13 and 15
Section 13 concerns duties of a Board of Conciliation, whose principal statutory function is to endeavour to bring about settlement of a referred dispute. Section 14 concerns a Court of Inquiry and requires inquiry and a report on referred matters. Section 15 concerns Labour Courts, Tribunals and National Tribunals after an industrial dispute has been referred to them for adjudication and requires expeditious proceedings and submission of an award within the applicable period.
Report and publication
Section 16 deals with the form and signing of reports and awards. Section 17 governs publication by the appropriate Government of reports and awards received under the Act. These provisions should therefore be read with Section 14 when considering the statutory treatment of a Court of Inquiry's report.
Official sources
Refer to the Industrial Disputes Act, 1947 on India Code and the Ministry of Labour and Employment copy of the Industrial Disputes Act, 1947.
The applicable statutory text, rules, notifications and State amendments should be checked for the establishment, industry, State and relevant date of the dispute.