How to Constitute Works Committee? Section 3 of Industrial Disputes Act 1947
(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.
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 employees;
(b) to build up understanding and trust between them;
(c) to promote measures which lead to substantial increase in productivity;
(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; and
(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.
Section 2A - Dismissal, etc., of an individual workman to be deemed to be an industrial dispute
CHAPTER II - AUTHORITIES UNDER THIS ACT
Section 4 - Conciliation officers
Section 5 - Boards of Conciliation
Section 7B - National Tribunals
Section 7C - Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals
Section 8 - Filling of vacancies
Section 9 - Finality of orders constituting Boards, etc
CHAPTER IIA - NOTICE OF CHANGE
Section 9B - Power of Government to exempt
CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY
Section 9C - Setting up of Grievance Redressal Machinery
Section 10 - Reference of disputes to Boards, Courts or Tribunals
Section 10A - Voluntary reference of disputes to arbitration
CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES
Section 11 - Procedure and powers of conciliation officers, Boards, Courts and Tribunals and National Tribunals
Section 11A - Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen
Section 12 - Duties of conciliation officers