Section 36A Industrial Disputes Act 1947 - Power to Remove Difficulties

Section 36A of the Industrial Disputes Act, 1947 provided a statutory mechanism for resolving a difficulty or doubt about the interpretation of a provision of an award or settlement. The corresponding provision under the Industrial Relations Code, 2020 is Section 95.

Current law: Section 95 of the Industrial Relations Code empowers the appropriate Government, where a difficulty or doubt arises about interpretation of any provision of an award or settlement, to refer the question to a Tribunal or National Industrial Tribunal. The parties must be given an opportunity of being heard, and the resulting decision is final and binding on them.

Section 36A Industrial Disputes Act 1947

Section 36A(1) - Reference of interpretation question

If, in the opinion of the appropriate Government, any difficulty or doubt arose as to the interpretation of any provision of an award or settlement, the Government could refer the question to such Labour Court, Tribunal or National Tribunal as it thought fit.

Section 36A(2) - Hearing and binding decision

The Labour Court, Tribunal or National Tribunal receiving the reference was required to give the parties an opportunity of being heard and decide the interpretation question. Its decision was final and binding on all such parties.

Legacy provision: Section 36A remains relevant to matters governed or saved under the Industrial Disputes Act. Under the present Industrial Relations Code framework, Section 95 performs the corresponding function.

Section 95 Industrial Relations Code 2020

Section 95 substantially continues the interpretation mechanism of former Section 36A. The provision is concerned with an existing award or settlement and a difficulty or doubt regarding the meaning of one of its provisions.

Role of the Appropriate Government

The statutory process begins when the appropriate Government forms the opinion that a difficulty or doubt has arisen concerning interpretation of a provision of an award or settlement. It may then refer that question to a Tribunal or National Industrial Tribunal as it considers appropriate.

Opportunity of Being Heard

The Tribunal or National Industrial Tribunal must give the parties an opportunity of being heard before deciding the referred question. This expressly incorporates a hearing requirement into the statutory interpretation procedure.

Final and Binding Decision

After hearing the parties, the Tribunal or National Industrial Tribunal decides the question referred to it. Section 95 states that the decision is final and binding on all such parties.

Meaning of Award and Settlement

The Industrial Relations Code defines an award in Section 2 as an interim or final determination of an industrial dispute or a question relating to it by an arbitrator, Tribunal or National Industrial Tribunal, and includes an arbitration award made under the Code. A settlement is also defined in Section 2 and includes a settlement arrived at in the course of conciliation proceedings as well as a qualifying written agreement between employer and workers arrived at otherwise than in conciliation, subject to the statutory requirements.

Section 36A and Section 95 - Key Changes

Industrial Disputes Act 1947	Industrial Relations Code 2020
Section 36A - Power to remove difficulties.	Section 95 - Power to remove difficulties.
Appropriate Government could refer an interpretation question concerning an award or settlement.	The appropriate Government retains this reference power.
Reference could be made to a Labour Court, Tribunal or National Tribunal.	Reference is to a Tribunal or National Industrial Tribunal under the Code.
Parties had to receive an opportunity of being heard.	The hearing requirement is retained.
Decision was final and binding on all such parties.	The decision remains final and binding on all such parties.

Practical Scope of Section 95

Section 95 is an interpretation mechanism. It does not replace the ordinary machinery for raising and adjudicating a fresh industrial dispute. Its statutory focus is a difficulty or doubt about the interpretation of a provision contained in an existing award or settlement, followed by a Government reference of that question to the competent Tribunal.

Related Provisions

Provision	Subject
Section 2	Definitions, including statutory meanings relevant to awards, settlements, workers and the appropriate Government.
Section 53	Publication of reports and awards in the manner prescribed by the Code.
Section 55	Commencement and period of operation of settlements and awards.
Section 57	Persons on whom settlements and awards are binding.
Section 95	Reference and decision of difficulty or doubt regarding interpretation of a provision of an award or settlement.
Section 104	Repeal and saving provisions relevant to the enactments consolidated by the Industrial Relations Code.

Repeal and Saving

Section 104 of the Industrial Relations Code contains repeal and saving provisions relating to the Industrial Disputes Act, 1947 and the other enactments consolidated by the Code. For an older award, settlement or pending proceeding, the relevant dates and applicable saving provisions should be examined before deciding whether former Section 36A or current Section 95 governs the issue.

This article provides general statutory information. The existence of a qualifying interpretation difficulty, the identity of the appropriate Government and the competent Tribunal depend on the award or settlement, the establishment and the law applicable to the particular matter.