Section 15 of the Industrial Disputes Act 1947 - Duties of Labour Courts, Tribunals and National Tribunals
Section 15 requires a Labour Court, Tribunal or National Tribunal to proceed expeditiously when an industrial dispute has been referred to it for adjudication and to submit its award to the appropriate Government within the period specified in the reference order or a further period validly extended under Section 10(2A).
- It applies after an industrial dispute is referred for adjudication to a Labour Court, Tribunal or National Tribunal.
- The adjudicating authority must hold its proceedings expeditiously.
- The award must be submitted within the period specified in the reference order.
- The relevant period may be extended in accordance with the second proviso to Section 10(2A).
- The award is submitted to the appropriate Government.
- Section 16 governs the form and signature of the award, while Section 17 governs publication.
Statutory duty under Section 15
What is a Labour Court?
Section 7 authorises the appropriate Government to constitute one or more Labour Courts for adjudication of industrial disputes relating to matters specified in the Second Schedule and for performing other functions assigned under the Act. A Labour Court consists of one person appointed by the appropriate Government as its Presiding Officer.
What is a Tribunal?
Section 7A authorises the appropriate Government to constitute one or more Industrial Tribunals for adjudication of industrial disputes relating to matters specified in the Second Schedule or Third Schedule and for performing other functions assigned under the Act. A Tribunal consists of one person appointed as its Presiding Officer, and the appropriate Government may appoint assessors to advise the Tribunal.
What is a National Tribunal?
Section 7B empowers the Central Government to constitute one or more National Industrial Tribunals for adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in or affected by them.
Meaning of industrial dispute
Section 2(k) defines industrial dispute as a dispute or difference between employers and employers, employers and workmen, or workmen and workmen, connected with employment or non-employment, terms of employment or conditions of labour of any person. Section 2A separately deems qualifying disputes relating to an individual workman's discharge, dismissal, retrenchment or termination to be industrial disputes.
Reference for adjudication under Section 10
Section 10 contains the principal mechanism for reference of an existing or apprehended industrial dispute. Depending on the subject matter and statutory conditions, a dispute may be referred to a Labour Court, Tribunal or National Tribunal. Section 10(4) requires the adjudicating authority to confine adjudication to the points specified for adjudication and matters incidental to them.
Time period under Section 10(2A)
Section 10(2A) requires an order referring an industrial dispute to a Labour Court, Tribunal or National Tribunal to specify the period within which the award is to be submitted. Where the dispute is connected with an individual workman, the specified period must not exceed three months, subject to the statutory provisos.
The second proviso permits the appropriate Government, for reasons recorded, to extend the period or the extended period. The third proviso provides that in computing the period specified in the reference order or an extension, the period during which proceedings are stayed by an injunction or order of a Civil Court is excluded. The fourth proviso makes clear that proceedings do not lapse merely because the specified period expires.
Meaning and form of award
Section 2(b) defines award to mean an interim or final determination of an industrial dispute or any question relating to it by a Labour Court, Industrial Tribunal or National Industrial Tribunal, and includes an arbitration award made under Section 10A. Under Section 16(2), the award of a Labour Court, Tribunal or National Tribunal must be in writing and signed by its Presiding Officer.
Submission and publication of award
Section 15 requires submission of the award to the appropriate Government. Under Section 17, every award of a Labour Court, Tribunal or National Tribunal must, within thirty days from receipt by the appropriate Government, be published in the manner the Government thinks fit. Subject to Section 17A, the published award is final and is not to be called in question by any Court in the manner stated in Section 17(2).
Meaning of appropriate Government
Section 2(a) identifies the appropriate Government for different categories of industrial disputes. In relation to certain disputes referred to a National Tribunal, Section 10(7) provides that references in Section 15 and specified other provisions to the appropriate Government are to be construed as references to the Central Government.
Procedure and powers during adjudication
Section 11 provides procedural and evidentiary powers to Labour Courts, Tribunals and National Tribunals, including specified powers of a Civil Court under the Code of Civil Procedure, 1908. Under the pre-1 July 2024 framework, proceedings before these authorities were also treated as judicial proceedings for specified purposes of the Indian Penal Code, 1860.
Section 11A and discharge or dismissal cases
Where the referred industrial dispute concerns discharge or dismissal of a workman, Section 11A empowers a Labour Court, Tribunal or National Tribunal, if satisfied that the discharge or dismissal was not justified, to set it aside and direct reinstatement on appropriate terms, grant other relief, or impose a lesser punishment in lieu of discharge or dismissal, subject to the terms of that section.
State amendment - West Bengal
The source page records a West Bengal substitution of Section 15 by West Bengal Act 33 of 1986. For a dispute referred to a National Tribunal, the substituted provision retains the requirement of expeditious proceedings and submission of the award within the period specified in the reference order or the further period extended under Section 10(2A).
For an industrial dispute referred to a Labour Court or Tribunal under Section 10(1), the State text requires day-to-day hearing after filing of statements and taking of evidence and pronouncement of the award, other determination or decision in the manner specified by the State provision. It also provides for determination, after hearing the parties, of the quantum of interim relief, if any, within sixty days from the reference order or within a shorter period specified in that order. For discharge, dismissal, retrenchment or termination cases, the source records a proviso linking interim relief to the subsistence allowance admissible under the West Bengal Payment of Subsistence Allowance Act, 1969.
Legislative history
The present central structure of Section 15 was substituted by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956. The wording linking submission of the award to the period specified in the reference order or the further period extended under Section 10(2A) was introduced by the Industrial Disputes (Amendment) Act, 1982, with effect from 21 August 1984.
Official sources
Refer to the Industrial Disputes Act, 1947 on India Code and the official India Code consolidated text.
The applicable statutory text, rules, notifications and State amendments should be checked for the establishment, industry, State and relevant date of the dispute.