Section 3. Works Committee.

(1) In the case of any industrial establishment in which one hundred or more workers 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 a Works
Committee, in such manner as may be prescribed, consisting of representatives of employer
and workers engaged in the establishment:

Provided that the number of representatives of workers in such Committee shall not be less
than the number of representatives of the employer.

(2) The representatives of the workers shall be chosen, in such manner as may be prescribed,
from among the workers engaged in the establishment and in consultation with their Trade
Union, if any, registered in accordance with the provisions of section 9.

(3) It shall be the duty of the Works Committee to promote measures for securing and
preserving amity and good relations between the employer and workers 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.

Section 4. Grievance Redressal Committee.

(1) Every industrial establishment employing twenty or more workers shall have one or more
Grievance Redressal Committees for resolution of disputes arising out of individual grievances.

(2) The Grievance Redressal Committee shall consist of equal number of members representing
the employer and the workers to be chosen in such manner as may be prescribed.

(3) The chairperson of the Grievance Redressal Committee shall be selected from among
persons representing the employer and the workers alternatively on rotational basis every year.

(4) The total number of members of the Grievance Redressal Committee shall not exceed ten:

Provided that there shall be adequate representation of women workers in the Grievance
Redressal Committee and such representation shall not be less than the proportion of women
workers to the total workers employed in the industrial establishment.

(5) An application in respect of any dispute referred to in sub-section (1) may be filed before
the Grievance Redressal Committee by any aggrieved worker in such manner as may be
prescribed within one year from the date on which the cause of action of such dispute arises.

(6) The Grievance Redressal Committee may complete its proceedings within thirty days of
receipt of the application under sub-section (5).
(7) The decision of the Grievance Redressal Committee on any application filed under sub-
section (5) shall be made on the basis of majority view of the Committee, provided more than
half of the members representing the workers have agreed to such decision, otherwise it shall
be deemed that no decision could be arrived at by the Committee.

(8) The worker who is aggrieved by the decision of the Grievance Redressal Committee or
whose grievance is not resolved in the said Committee within the period specified in sub-
section (6), may, within a period of sixty days from the date of the decision of the Grievance
Redressal Committee or from the date on which the period specified in sub-section (6) expires,
as the case may be, file an application for the conciliation of such grievance to the conciliation
officer through the Trade Union, of which he is a member, in such manner as may be
prescribed.

(9) Where any employer discharges, dismisses, retrenches, or otherwise terminates the services
of an individual worker, any dispute or difference between that worker and his employer
connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall
be deemed to be an industrial dispute notwithstanding that no other worker nor any Trade
Union is a party to the dispute.

(10) Notwithstanding anything contained in this section or section 53, any worker as is
specified in sub-section (5) may, make an application directly to the Tribunal for adjudication
of the dispute referred to therein after the expiry of forty-five days from the date he has made
the application to the conciliation officer of the appropriate Government for conciliation of the
dispute, and on receipt of such application the Tribunal shall have powers and jurisdiction to
adjudicate upon the dispute, as the Tribunal has in respect of the application filed under sub-
section (6) of section 53.

(11) The application referred to in sub-section (10) shall be made to the Tribunal before the
expiry of two years from the date of discharge, dismissal, retrenchment or otherwise
termination of service as specified in sub-section (9).
 42. Voluntary reference of disputes to arbitration.

(1) Where any industrial dispute exists or is apprehended and the employer and the workers
agree to refer the dispute to arbitration, they may, by a written agreement, refer the dispute to
arbitration, and the reference shall be to such person or persons as an arbitrator or arbitrators
as may be specified in the arbitration agreement.

(2) Where an arbitration agreement provides for a reference of the dispute to an even number
of arbitrators, the agreement shall provide for the appointment of another person as umpire who
shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the
award of the umpire shall prevail and shall be deemed to be the arbitration award for the
purposes of this Code.

(3) An arbitration agreement referred to in sub-section (1) shall be in such form and shall be
signed by the parties thereto in such manner as may be prescribed.

(4) A copy of the arbitration agreement shall be forwarded to the appropriate Government and
the conciliation officer.

(5) Where an industrial dispute has been referred to arbitration and the appropriate Government
is satisfied that the persons making the reference represent the majority of each party, the
appropriate Government may issue a notification in such manner as may be prescribed; and
when any such notification is issued, the employers and workers who are not parties to the
arbitration agreement but are concerned in the dispute, shall be given an opportunity of
presenting their case before the arbitrator or arbitrators:

Provided that—
(i) where such industrial dispute is the industrial dispute other than the termination of individual
worker by way of discharge, dismissal, retrenchment or otherwise, the workers shall be
represented before the arbitrator,—
(a) where there is negotiating union or negotiating council, by the negotiating union or
negotiating council, as the case may be; or
(b) where there is no negotiating union or negotiating council, by the Trade Union; or
(c) where there is no Trade Union, by such representatives of the workers chosen in such
manner as may be prescribed;
(ii) where such industrial dispute relates to termination of individual worker by way of
discharge, dismissal, retrenchment or otherwise, the concerned workers shall be represented in
person or through a representative authorised by him.

(6) The arbitrator or arbitrators shall investigate the dispute and submit to the appropriate
Government the arbitration award signed by the arbitrator or all the arbitrators, as the case may
be.
(7) Where an industrial dispute has been referred to arbitration and a notification has been
issued under sub-section (5), the appropriate Government may, by order, prohibit the
continuance of any strike or lock-out in connection with such dispute which may be in existence
on the date of the reference.

(8) Nothing in the Arbitration and Conciliation Act, 1996, shall apply to arbitrations under this
section.

43. Conciliation Officer

(1) The appropriate Government may, by notification, appoint such number of persons, as it
thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the
settlement of industrial disputes.

(2) A conciliation officer may be appointed for a specified area or for specified industries in a
specified area or for one or more specified industries and either permanently or for a limited
period.

53. Conciliation and adjudication of dispute.

(1) Where any industrial dispute exists or is apprehended or a notice under section 62 has been
given, the conciliation officer shall, hold conciliation proceedings in such manner as may be
prescribed:

Provided that the conciliation officer shall not hold any such proceedings relating to the
industrial dispute after two years from the date on which such industrial dispute arose.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute,
without delay, investigate the dispute and all matters affecting the merits and right settlement
thereof and may do all such things as he thinks fit for the purpose of inducing the parties to
come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course
of the conciliation proceedings, the conciliation officer shall send a report thereof to the
appropriate Government or an officer authorised in this behalf by the appropriate Government
together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable, after
the close of the investigation, send to the concerned parties and to the appropriate Government
a full report, in the electronic or other form as may be prescribed, setting forth the steps taken
by him for ascertaining the facts and circumstances relating to the dispute and for bringing
about a settlement thereof, together with a full statement of such facts and circumstances, and
the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) Notwithstanding anything contained in sub-section (4), the conciliation officer shall send
the report to the concerned parties and the appropriate Government within forty-five days of
the commencement of the conciliation proceedings or within such shorter period as may be
fixed by the appropriate Government:

Provided that where a conciliation officer receives notice under section 62, he shall send the
report to the concerned parties and to the appropriate Government within fourteen days of the
commencement of the conciliation proceedings:

Provided further that subject to the approval of the conciliation officer, the time may be
extended by such period as may be agreed upon in writing by the concerned parties to the
dispute.

(6) Any concerned party may make application in the prescribed form to the Tribunal in the
matters not settled by the conciliation officer under this section within ninety days from the
date on which the report under sub-section (4) is received to the concerned party and the
Tribunal shall decide such application in the prescribed manner.