Bare ActsThe Industrial Disputes Act,1947

Section 8

Subs

Amendment status not verified — confirm the current text below against the official source.

Subs. by Act 36 of 1956, s. 9, for sub-sections (5) to (7) (w.e.f. 10-3-1957). 23 (6) All conciliation officers, members of a Board or Court and the presiding officers of a Labour Court, Tribunal or National Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860). (7) Subject to any rules made under this Act, the costs of, and incidental to, any proceeding before a Labour Court, Tribunal or National Tribunal shall be in the discretion of that Labour Court, Tribunal or National Tribunal and the Labour Court, Tribunal or National Tribunal, as the case may be, shall have full power to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate Government by the person entited, be recovered by that Government in the same manner as an arrear of land revenue.] 1[(8) Every 2[Labour Court, Tribunal or National Tribunal] shall be deemed to be Civil Court for the purposes of 3[sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (2 of 1974)].] 4[(9) Every award made, order issued or settlement arrived at by or before Labour Court or Tribunal or National Tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a Civil Court under order 21 of the Code of Civil Procedure, 1908 (5 of 1908). (10) The Labour Court or Tribunal or National Tribunal, as the case may be, shall transmit any award, order or settlement to a Civil Court having jurisdiction and such Civil Court shall execute the award, order or settlement as if it were a decree passed by it.] STATE AMENDMENT Karnataka Amendment of section 11.—For sub-section (4) of section 11 of the principal Act, the following sub-section shall be substituted, namely:— “(4) A Consiliation Officer may, if he considers that any document or the testimony of any person is relevant or necessary for the settlement or an industrial dispute or for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, call for and inspect such document or summon and examine such person. For the aforesaid purposes, the Conciliation Officer shall have the same powers as are vested in a Civil Court while trying a suit under the Code of civil Procedure, 1908 (Central Act V of 1908), in respect of the following matters, namely:— (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) compelling the production of documents; (iii) issuing commission for examination of witness. (4A) Whoever refuses or fails to attend or take part in a conciliation proceedings or fails or refuses to produce the documents in pursuance of an order issued under sub-section (4), shall, on conviction, be punishable with imprisonment for a period which may extend to three months or with fine which may extend to five hundred rupees or with both.” [Vide Karnataka Act 5 of 1988, s. 4] 5[11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in in case of discharge or dismissal of workmen.—Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for

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