Section 6 of Industrial Disputes Act 1947: Courts of Inquiry

Section 6 empowers the appropriate Government to constitute a Court of Inquiry for investigating any matter appearing to be connected with or relevant to an industrial dispute. The Court is an inquiry authority under the Act; its statutory function is distinct from adjudication by a Labour Court or Tribunal.

Legal position covered: This article presents the Industrial Disputes Act, 1947 position before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Section 6 creates an industrial-dispute inquiry mechanism and does not itself prescribe general rules of evidence.

Section 6 - Courts of Inquiry

(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.

(2) A court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a court consists of two or more members, one of them shall be appointed as the chairman.

(3) A court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number:

Provided that, if the appropriate Government notifies the court that the services of the chairman have ceased to be available, the court shall not act until a new chairman has been appointed.

What Is a Court of Inquiry?

A Court of Inquiry is an authority constituted under Chapter II of the Industrial Disputes Act, 1947. Its purpose is fact-finding: the appropriate Government may create it when inquiry is required into a matter connected with or relevant to an industrial dispute. Under Section 10, a matter appearing to be connected with or relevant to a dispute may be referred to a Court for inquiry.

Meaning of Appropriate Government and Independent Person

The expression "appropriate Government" is defined in Section 2(a) and determines whether the Central Government or the relevant State Government exercises the statutory power in a particular industrial dispute. Section 2(i) defines when a person is regarded as independent for appointment to a Board, Court or Tribunal under the Act.

Composition and Chairman

A Court of Inquiry may consist of a single independent person or any number of independent persons considered appropriate by the Government. If it consists of two or more members, one member must be appointed chairman. Unlike a Board of Conciliation under Section 5, Section 6 does not provide for equal party representation; it requires independent persons.

Quorum, Absence and Vacancy

A Court having the prescribed quorum may continue to act despite the absence of the chairman or another member, or a vacancy in its membership. However, where the appropriate Government notifies the Court that the chairman's services have ceased to be available, the Court cannot act until a new chairman has been appointed.

Powers and Procedure under Section 11

The procedure and statutory powers of Courts of Inquiry are addressed in Section 11. Subject to rules made under the Act, a Court may follow the procedure it thinks fit. For specified purposes, the Act confers powers associated with attendance of persons, examination on oath, production of documents and other prescribed matters.

Duty of a Court under Section 14

Section 14 provides that a Court must inquire into the matters referred to it and ordinarily report to the appropriate Government within six months from commencement of the inquiry. The Court therefore investigates and reports; it does not make an adjudicatory award in the manner of a Labour Court or Tribunal.

Court of Inquiry Compared with Other Authorities

A conciliation officer under Section 4 and a Board of Conciliation under Section 5 focus on promoting settlement. A Court of Inquiry under Section 6 investigates matters connected with an industrial dispute. A Labour Court under Section 7 or Tribunal under Section 7A performs adjudicatory functions within the jurisdiction assigned by the Act.

Official Legal Sources

For a specific dispute, also verify the applicable rules, Gazette notification, State amendments and the law in force for the relevant period.