 the industrial dis~utes (a1\iendment and m(sce[laneous provisions) bill, 1955(an introduced in lok sabra) (b) after clause (kk), the following clause shall be inserted, namely:-"(kka) 'labour court' means a labour court constituted under section 7;"; (c) after clause (l), the following clause shall be inserted, namely:-u (ll) 'national tribunal' means a national industrial tribunal constituted under section 7b;"; (d) for clause (p), the following clause shall be substituted, tnamely:-u(p) 'settlement' means a 'settlement arrived at in the \ eourse of ool'lciliatiodl', proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been  "signed- by the parties thereto in· ,sum manner' as may be prescribed and a copy thereof h8s\~been\,sent to the \sppropriate·gevemment and the ,conciliation officer;"; (e) in clause (r), for the words "under this act':, the words, figure and letter 'under section 7a' shall be substituted; (f) for cla1a!fe(&),~followine,fllauise  shall be s\w&tituted, "namely:-"(8) 'workman' means any person· (including an apprentice) employed in -any industry to do any !!skilled or unskilled manual, supervisory, technical or'--clerical , ;woi'k foj,,,hire'r·:a:eward,1 whether, the·>terms of em-i,' ~t be'e»pl'eeaesgl'limplied, and tor the:purposes of any piiim!eeding :tjlldft this aot in ii lirelation to an indwitrial disp~ilim!ludes·any·person' who has been ,  c' 41,smissed rdisch,arged or - r~trenched ju connection  !wuh, d1: ,,8sa coqsequence of,: that-dispute, or whose ,  ~ dismissal, ,discharge or  retrenchment has led to that < •• ·f diapluerbut-does not~ibclude any  such person-(i) who i8--bjeot te,·the a'rmy ac~,1950, or the air  force  act, 1950, ' or the navy _ (diacipline) act, 1934; or ) h(it) -!who, ditempioyed· in ttbe'polioe service or as an ii officer or, iotber lentployee of [;a prison; or _ (iii) who is employed mainly in a managerial or administrative capacity; or 5 (11') ·who, being· employed ,in 1/ supenuoy"capacity, draws wages·· exceeding five :hwtdred7upees per mensem or exercises, either by theftiltwlettof the duties attached·to the offiee·<w by reqsqn -0£ the powells vested in him, functions,mainly; of a managerial nature"' 10 4 for section 7· 'of the principal act, the followin8~mctiolll shall sub~titulion b b· d i of new sece su stltute , name y: -tions for kction 7 "7 (1) the appropriate government may, by notifieadotl in labour the official gazette, constitute one or more labout courts courts for the adjudication of industrial disputes relating' to any matter specified in the seeend·scbedele-imi-f811 f'erferming sa~h other funetions· as' may·be 811fjiped,0·~"judder this act 15 (2) a labour court sh~ll consist of one person only to be appointed by the 'appropriate ·government (3) a person shall not be qualified for appointment as the presiding officer of a labour·court,· unless he has held,,· any judicial office in india for not less ,than seven year  ··, 20 7a (1) the appropriate government may, by notification in tribunals the official gamue, 1:onatitllte:one  or more indastrial tribuna'" for  the :atljudic:a6ion ,of iddulltrial ·diapates relating to,  y matter,~ whether  specified:,,·m ,thesecond schtwe'r the; third sehetluleuf' (2) a tribunal shall consist of one person only to be appointed by the appropriate government (3) a person shall not be qualified for appointment as the presiding officer of a tribunal unless-(a) he is, or has been, a judge of a high court;·or 3c (b) he has held the office' of a member of a· tribunal for a continuous period of not less than two years immediately before the commencement· of the industrial disputes (amendment  and miscellanerus, provisions) act, 1955  (4) the appropriate government may, if it so thinks fit, appoint two persons as assessors to advise the tribunal in the proceeding before it 7b (1) the central gdvernment may, by notification in the national official gazette, constitute one or more national indus- tribunals trial tribunals for the adjudication of industrial disputes whieh, cin the opinion'of the ceatraligdyerdmedt"iilvolve questiensr of aatioaal illlptaaee ~er are:oi luch)a:,nature that industrial estabushmedts situated ia more than oil6 state are likely to be iaterested in, or afteetetl by, iuch disputes (2) a national tribunal shall consist of one person only to be appointed by the central government s (3) a person shall not be qualified for appointment as the presiding officer of a national tribunal unless he is, or has been, a judge of a high court (4) the central government may, if it so thinks fit, appoint two persons as assessors to advise the national tribunal 10 in the proceeding before it 7c no person shall be appointed to, or continue in, the office of the presiding officer of a labolu' court, 'tribunal or national tribunal if-(a) he is not an independent person; or (b) he has attained the age of slxty-five years" is disqualification for the presiding officers of labour courts, tribunals and national tribunals substitution 5 for section 8 and section 9 of the principal of new sec- act, the following tions for sections shall be substituted, namely:-sections 8 and 9 filling of vacancies "8 if, for any reason 8' vacancy (other than a temporary absence) occurs in the office of the presiding officer of a 20 labour court, tribunal or national tribunal or in the office of the chairman or any other member of a board or ,court, then, in the case of a national tribunal, the central government and in any other case, the appropriate government, shall appoint another person in accordance with 2s the provisions of this act to fill the vacancy, and the proceeding may be continued before the labour court, tribunal, national tribunal, board or court, as the case may be, from the stage at which the vacancy is filled finality of orders constituting hoards, etc - 9 (1) no order of the appropriate government or of the 30 central government appointing any person as the chairman or any other member of a board or court or as the presiding officer of a labour court, tribunal or national tribunal shall be called in question in any manner; and no act or proceeding before any board or court shall be 3s called in question in any manner on the ground merely of the existence of any vacancy in, or defect in the constitution of, such board or court (2) no settlement arrived at in the course of a conciliation proceeding shah be invalid by reason only of the fact that s [0 such 'uttiement was arrived at after the expiry of the period referred to in su~section (6) of section 12 or su~ section (5) of section 13, as the case may be (3) where the report of any settlement arrived at in the course of the conciliation proceeding before a board is signed by the chairman and all the other members of the board, no such settlement shall be invalid by reason only of the casual or unforeseen absence of any of the members (including the chairman) of the board during anystage of the proceeding" i after' section 9 of the principal act, the following shall be lnacnion of , new chapter inserted,":namely:-iia  "chapter lla notice of changeis 9a 'if any employer proposes to effect any change in the con- ~~~:of ditions of service applicable to any workmen in respect of any matter specified in the fourth schedule, no such change shall be effected by the employer,-20 (a) without giving to the workmen concerned in such change a notice in the prescribed manner of the nature of the change proposed to be effected i or 35 (b) within twenty-one days of giving such notice: provided that no such notice shall be required for effecting any such change where the workmen concerned in the change are persons to whom the fundamental and supplementary rules, civil services (classification, control and appeal) rules, civil services (temporary service) rules, revlsed'leave rules, civil service regulations, civilians in defence services (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the 'appropriate government in the official gazette, apply 9b where the appropriate government is of opinion that the power of application of the provisions of section 9a to any clalss of tgovernmetnt ' ,oexemp industrial establishments or to any class of workmen employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned' and that public interest so requires, the appropriate government may, by notification in the official gazette, direct that the provisions of the said section shall not, subject to such conditions as may be specified in the noti-~cation, apply to that class of industrial establishments or to that class of workmen employed in any industri811 establishment"  'j in section 10 of the principal act,-amendment of aection 10 (a) in sub-section (1),-s (i) for clause (c), the following clauses shall be substituted, namely:-"(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second 10 schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected' with, or relevant to, the dispute, whether it relates to any matter 'specified in the second schedule or the third schedule, to a is 'l'ribunal for adjudication: provided that where the dispute relates to any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, 20 make the reference to a labour court under clause (c)"; (ii) in the proviso, for the words "provided that", the words "provided further that" shall be substituted; (b) after sub-section (1), the following sub-section shall be 25 inserted, namely:-"(1a) where the central government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establish- 30 ments situated in more than one state are likely to pe interested in, or affected by, such dispute and that the dispute should be adjudicated by a national tribunal, then, the central government may, whether or not it is the appropriate government in relation to that 3' dispute, at any time, by order in writing, refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a nationd tribunal for adjudication"; 40 (c) in sub-section (2) and sub-section (3), for the words "or tribunal", the words "labour court, tribunal or national tribunal" shall be substituted; (d) in sub-section (4),-(i) for the words "a tribunal", the words "a labour court, tribunal or national tribunal" sltau be substituted; (ii) for the words "the tribunal", the words "the labour 5 court or the tribunal or the national tribunal, as the case may be" shall be substituted; (e) in sub-section (5), for the word "tribunal", the words "labour court, tribunal or nationa'~ tribunal" shall be substituted; 10 (f) after sub-section (5), the following sub-sections shall be inserted, namely:-"(6) where any reference has been made under subsection (la) to a national tribunal, then, notwithstanding anything contained in this act, no labour is court or tribunal shaoll have jurisdiction to adjudicate upon any matter which is under adjudication before the national tribunal, and accordingly,-(a) if the matter under adjudication before the national tribunal is pending in a proceeding be-20 fore a labour court or tribunal, the proceeding before the labour court or the tribunal, as the case may be, in so far as it relates to such matter, shall be deemed to have been quashed on such - reference to the national tribunal; and 25 (b) it shall not be lawful for the appropriate government to refer the matter under adjudication bebefore the national tribunal to any labour court or tribunal for adjudication during the pendency of the proceeding in relation to such matter be-30 fore the national tribunal 3s 40 (7) where any industrial dispute,in relation to which the central government is not the appropriate government, is referred to a national tribunal, then, notwithstanding anything contained in this act, 8ily reference in section 15, section 17, section 17a, section 19, section 3m and section 33b to appropriate government in respect of the national tribunal in relation to such dispute shall be construed as a reference to the central government but, save as aforesaid and as otherwise expressly provided in this act, any reference in any other provision of this act fo appropriate government in respect of the national trij:>unal in relation to that dispute shall mean a reference to the state government" arbitration 8 in chapter iii, after section 10 of the principal act, the following aection shall be inserted, namely:-- "loa (1) where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time ·before the s dispute has been referred under section 10 to a labour court or tribunal or national tribunal, by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the' presiding officer of a labour court or tribunalor' national 10 tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement (2) 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 is (3) a copy of the arbitration agreement shall be forwarded to the appropriate government and the conciliation officer and the appropriate government shall, within fourteen days from the date of the receipt of such copy, publish the same in the official gazette 20 (4) 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 (5) nothing in the arbitration act, 1940 shall apply to arbitra· 25 tions under this section" amendment of section ii,' 9 in section 11 of the principal act,-(a) for sub-section (1), the following sub-section shall be 5ubrtituted, namely:-ii (1) subject to any rules that may be made in this behalf 30 an arbitrator, a board, court, labour court, tribunal or national tribunal shall follow such procedure as the arbitrator or other authority concerned may think fit"; e' (b) in sub-section (2), fer the wajrds '~court <>r tribunal", the 35 words "or court or the ,presiding officer of a labour court, tribunal or national tribunal" shall be· substituted; (e) in bub-secti01'l (3),-(i) for the words "and tribunal", the words "labour court, tribunal and national tribunal" shall be sub- 40 stitufed; (ii) for the words "or tribunal", the words "labour court, tribunal or national tribunal" shall be substituted; (d) to sub-section (4), the following words shall be added, namely:-v of 1908 10 "or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this act and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil cow1; under the code of civil procedure, 1908 in respect of compelling the production of documents"; (e) for sub-section (5), the following sub-section shall be substituted, namely:-is "(5) a court, labour court, tribunal 01' national tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under oonsideration as assessor or assessors to advise it in the f>roceeding before it"; (f) for sub-section (6) and sub-section (7), the following subsections shall be substituted namely:-20  (6) all conciliation officers, members of ci board or court and the pl'csiding 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"; xlv of 11160 25 30 35 (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 purpose;; aforesaid and such costs may, on application made to the appropriate government by the person entitled, be recovered by that government in the same manner as an arrear of land revenue"; (g) in sub-section (8), for the word "tribunal", the words "labour court, tribunal or nati9nal triqull@l" shl\ll be substit"tec:l  10 in section 12 of the prin~lpal act,-amendment of lcction u (a) in sub-section (~), for the werds "or 'fribunal", the words "labour court, tribunal or national tribunal" shall be substituted; (b) to sub-section (6), the following proviso shall be added, 5 namely:-"provided  that the time for the submission of the report may be extended by ~uch period as may be agreed upon in writing by all the parties to the dispute" amendrrent 11 in sub-section (4) of section 13 of the principal act, for the 10 of section 13· word "tribunal", the words "labour court, tribunal or national tribunal" shall be substituted  substitution 12 for section 15, section 16 and section 17 of the principal act, :ction:ew the following sections shall be substituted, namely:-forae:tions is " 16 and 17 duties of labour courts, tribunals and natinnal tribunal • "15 where an industrial dispute has been referred to a is labour court, tribunal or natio!lal tribunal for adjudication, it shall hold its proceedings expeditiouldy and shall, as soon as it is practicable on the conclusion thereof, submit its award to the appropriate government form of repan or award 16 (1) 1'he report of a board or court shall be in writing and 20 shall be silmed by all the members nf the board or court, as the case may be: provided that nothing in this section shall be deemed to prevent any member of the board or court from recording any minute of dissent from a r£'port or' from any recom-25 mendation made therein (2) the award of a labour court or tribual or national tribunal ·ilhall be in writing and 5hall be signed by its presiding officer publination of report a and awards 1~ (l) the report of a board or court together with any minute 30 of dissent recorded therewith, and the award of a labour court, tribunal or national tribunal shall within a period of thirty days from the datt' of its receipt by the appropriate government, be published in such manner as it thinks fit , (2) subject to the provisions of sectiqll 17a, the award published under sub-section (1) shall be final' and shall not be called in question by any court in any manner whatso-~ver" " -" " (a) in sub-section (1),-(i) the words "of a tribunal" shall be omittedj 5 (ii) in the proviso, for the words "in cases where the award is not appealable and", the words '''in the case of an award of a labour court or tribunal" shall be substituted; (iii) after the proviso, the following proviso shall be inserted, namely:-10 is "provided :further that in the case of an award of a national tribunal, where the central government in of opinion that it will be inexpedient on public grounds affecting national economy to give effect to the whole o't any part of the award, it may, before the expiry of the said period of thirty days, by order in the official gazette, either reject the! award or modify it"; (b) in sub-section (3), the words "of a tribunal" shall be omitted :&0 14 section 18 of the principal act shall be re-numbered as sub· amendment section (3) thereof and in that section _ of section , 18 (a) the following sub-sections shall be inserted, namely:-tl (1) a settlement arrived at by agreement between the employer and workmen otherwise than in the courfle zs of conciliation proceeding shall be binding on the parties to the agreement (2) an arbitration award which has become enforceable shall be binding on the parties to the agreement who refern!d the dispute to arbitration"; 30 (b) in sub-section (3) as so re-numbered,-(i) after the words "an award", the words "of a labour court, tribunal or national tribunal" shall be inserted; 35' (ii) in clause (1)), for the words "or tribunal", the words "labour court, tribunal or national tribunal" shall be substituted 15 in section 19 of the principal act,-amendment ofaection - (a) in· sub-section (2), after the wor~ "sbc months", the 19 words "from the date on which the memorlu)dum of settlement is signed by the parties to the dispute" shall be inserted; (b) in sub-section (3), after the words "for a period of one year", the words, figures and letter "from the date on which the award becomes enforceable under section l7a" 5 hall be inserted; (c) in sub-section (4),-(i) for the words "to a tribunal", the words "to a labour court, if the award was that of a labour court or to a tribunal, if the award was that· of a tribunal or of 10 a national tribunal" shall be substituted; (ii) for the words "the tribunal", the words "labour court or the tribunal, as the case may be" shall be substituted; (iii) the words "subject to the provision for appeal" shall is be omitted; (d) sub-section (7) shall be omitted amendment of section 20 (a) in clause (c) of sub-section (2) for the words "or tribunal", the words "labour court, tribunal or national 70 tribunal" shall be substituted; (b) in sub-section (3),-(i) for the words "before a tribunal", the words, figures and letter "before an arbitrator under section loa or before a labour court, tribunal or national tribunal" 2s bhall be substituted; (ii) for the words "reference of dispute for adjudication", the words "reference of the dispute for arbitration or adjudication, as the case may be" shall be substitut-~ ~ amendment of section :n (a) for the words "or tribunal" occurring for the first time, the words l'labour court, tribunal~ national tribunal or an arbitrator" shall be substituted; (b) for the words "or tribunal" occurring for the second and 3s third time, the words "labour court, tribunal, national tribunal or arbitrator" shalf be substituted; 'e) for the words "court or trihunai" occurring for the_ fourth time, the words "or court or the presiding ofllcer of the labour court, tribunal or national tribunal or the arbitrator" shall be substituted lb in clause (b) of section 23 of the principal act, for the words amen~ent "a tribunal", the words "a labour court, tribunal or national of section 23 , tribunal" shall be substituted  it in sub-section (2) of section 24 of the principal ac:t, for the afmendment words "or tribunal", the words "labout court, tribunal or national ~4 section tribunal" shall be substituted, 20 section 251 of the principal act shall be omitted omission of scction 25 i, 10 21, for section 29 of the principal act, the following section shall ~t:!~!!~~ be substituted, namely:-tion for section 29 "29 any person who commits a breach of any term of any penalty h settlement or award, which is· binding on him under this ~~r8e~tlea: act, shall be punishable with imprisonment for a term ment or award is which may extend to six months, or with fine, or with both, and the court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person wlio, in its opinion, has been injured 20 by such breach" 22 for section 33 of the principal act, the following section shall substitution b b t't ted i  of new sece su s 1 u ,name y, -tion for sec' tion 33 "33 (1) during tile pendency of any conciliation proceeding conditions before a codciution officer or a board or of any proceedof service,  bef lab c t'b al n' etc, to 25 mg ore a our ourt or rl un or ational triremain bunal in respect of an industrial dispute, no employer uncdhanged' un er cershall,-tain circumstan-(a) in regard to any matter connected with the dispute, ccs during alter, to the prejudice of the workmen concerned in ~nd~~~ 30 such dispute, the conditions of service applicable to ceedings them immediately before the commencement of such proceeding; or (b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, 35 any workmen concerned in such dispute, save with the express permission in writing of the authority before which the proceeding is pending (2) during the pendency of any such proceediug in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute,-(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of s such proceeding; or (b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman: provided that no such workman shall be discharged or dis- r 0 missed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer (3) notwithstanding anything contained in sub-section (z), 15 no employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute-(a) by altering, to the prejudice of such protected work- zo man, the conditions of service applicable to him im mediately before the commencement of such proceed ings; or (b) by discharging or punishing, whether by dismissal or otherwise, such protected workman, 2, save with the express permission in writing of the authority before which the proceeding 11 pending ezplanation-for the 'pu!'poses of this sub-section, a 'protected workman', in relation to an establishment, means a workman who, being an officer of a registered trade union 30 connected with the establishment, is recognised as such in accordance with rules made in this behalf (4) i~ every establishment, the number of workmen to be recognised as protected workmen for the purposes of subsection (3) shall be one per cent of the total number of 35 workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid purpose, the appropriate gov~rnment may make rules providing for the distribution of such protected workmen amcmg 40 various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as protected wormen (5) where an employer makes an application to a conciliation officer, board, labour court, tribunal or national tribunal under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, 5 without delay, hear such application and pass, as expeditiously as possible, such order in relation thereto as it deems l1t" 23 in section 33a of the principal act, for the word "tribunal" amen~ent wherever it occurs, the words "labour court, tribunal or n~tional ~;a~ctlon 10 tribunal" shall be substituted 15 20 24 after section 33a of the principal act, the following sections insertion of shall be inserted namely' _ new section , - 33 band 33c "33b where any proceeding under section 33 or section 33a power to  d' b f t'b 1 n t· al trib i th transfer cer-is pen mg e ore a n una or a ion una , e tain proceedappropriate government may withdraw such proceeding ings to laf h t 'b int' 1 t'b 1 th bour courts rom t e rl una or a lona rl una, as e case may be, and transfer the same to any labour court for the disposal of the proceeding and the lajlour court to which the proceeding is so transferred may, subject to any special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred 30 35 "33c (1) where any money is due to a workman from an recovery of employer under a settlement or an award or under the me oney due - - rom an emprovisions of chapter va, the workman may, without ployer prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government is satisl1ed that any money is so due, it shall issue a certil1cate for that amount and proceed to recover the same in the same manner as an arrear of land revenue (2) where any workman is entitled to receive from the employer any benefit which is capable of being computed in terms of money, the amount at which such benefit should be computed may, subject to any rules that may be made under this act, be determined by such labour court as may be specified in this behalf by the appropriate government, and the amount so determined may be recovered as provided for in sub-section (1) (3) for the purposes of computing the money value of a benel1t, the labour court may, if it so thinks fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to the labour court and the labour court shall determine the amount after <lollsidering :the report of the commissioner and other circumstances of the case"  25 in sub-section (4) of section 36 of the prineipal ad,-amendment of sel:tion 36• (a) for the words "before a tribunal", the words "before a labour court, tribud81 or national tribunal" shall be s substituted; (b) for the words "with the leave of the tribunal", the words "with the leave of the labour court, tribunal or national tribunal, as the case may be" shall be substituted  26 in section 38 of the principal act,-10 (a) in sub-section (2) ,-amendment of section 38• (i) in·clause (a), for the words "and tribudals" the words "labour courts, tribtmals and national tribunals" shall be substituted; (ii) after clause (a), the following clause shall be insert-15 ed, namely:-- " (au) the form of arbitration agreement, the manner in which it may be signed by the parties, the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by 20 him;"; (iii) in clause (c), fortbe words "boards and tribunals", the words "and boards an;i presiding officers of labour courts, tribunals and national tribunals" shall be substituted; 2s (iv) in clause (d) and clause (f), for the words "or tribunal", the words "labour court, tribunal or national tribunal" shall be substituted; (b) after sub-section (3), the following sub-sedionshall be inserted, namely: -30 " (4) all rules made under this section shall, as soon as possible after they are made, be laid before the state legislature or, where the appropriate government is the central government, before both houses of parliament" 3s substitution 27 for seetkm 39 of the principal act, the follwing section shall of new sec-;be idsertecl, namely:- tion for sec:-tion 39 delegation or powers, "39 the app1"qpriate government may, by notification in the ofbeial gazette, direct that any power exercisable by it under this act or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,-(a) where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government or by such officer or authority subordinate to the state government, as may be specified in the notification; and 10 (b) where the appropriate government is a state government, by such officer or authority subordinate to the state governments as may be specified in the notification"  28 after section 39 of the principal act, the following section insenj~~ of  new ia;uon is shall be inserted, namely:-40 20 "40 the appropriate government may, by notification in the power of official gazette, add to, alter or amend the second agoppropriatet  - vemmen schedule or the third schedule and on any such notiftca- to amend the tion being issued, the second schedule or the third tsechodddsanld lr schedule, as the case may be, shall be deemed to be dules cue" amended accordingly" 29 for the schedule to the principal act, the fq!lowing shall be substitution substituted namely:-s~d~les for the schedule  "the first schedule [see section 2 (n) (vi)]industries which may be declared to be public utility services under sub-clause (vi) of clause (n) of section 2 1 transport (other than railways) for the carriage of passengers or goods, by land, water or air 30 2 coal 3 cotton textueli 4 foodstuffs 5 iron and liteel 6 defence establishments 3s 7 service in hospitallil and dispensaries 8 fire brigade service  the second schedule (see section 7)5 jurisdiction of labour coutts 1 the propriety or legality of an order passed by an employ,er under· the standing orders; 2 the application and interpretation of standing orders; 3 discharge or dismissal of employees" including re-instatement of, or grant of relief to, a person wrongfully dismissed; 4 withdrawal of any customary concession or privilege; 5 illegality or otherwise of a strike or lock-out; and 10 6 all matters other than those specified in the third schedule  the third scheduleis (see section 7a) jurisdiction of industrial tribunaz, 1 wages, including the period and mode of payment; 2 compensatory and other allowances; 3 hours of work and rest intervals; 4 leave with wages and holidays; 5 bonus, pr~fit sharing, provident fund and gratuity; 6 shift working otherwise than in accordance with standing 20 orders;  7 classification by grades; 8 rules of discipline; 9 rationalisation; 10 retrenchment of workmen and closure of establishment; and 25 11 any other matter that may be prescribed  the fourth schedule (see section 9a) notice of change 1 wages including the period and mode of payment;2 contribution paid, or payble, by the employer to any provident fund or pension fund or for the benefit of the employees under any law for the time being in-force;  3 compensatory and other allowances; 4 hours of work and rest intervals; 5 ·'ieave with wages and holidays; 3s  6 startin'g, alteration or disconl'kluance of shift working· otherwise than in; accordance with standing orders;' 7 classification by grades; 8 withdrawal of any customary concession or privilege or change 5 in usage; 10 9 introduction of new rules of discipline, 'or--iteration of existing rules, except in so far as they are providecf"io standing orders; 10 rationalisation, standardisation or in:tproyement of plant or technique which is likely to lead to retrenchment of employees; 11 any increases or reductio~ ,(either than casual) in the number of persons employed or to ~e employed in any occupation or process or department or shift, riot du,e to forced matters" xiv of 1947, is 30 if, immediately before the commencement of this act, there savings d is pending any proceeding in relation -to "'4n industrial dispute before ~~~r~~~: -a tribunal constituted under the industrial disputes act, 1947, as in ~j1'!~ befire force before such commencement, the dispute: may be adjudicated n u!1a 8 and the proceeding disposed of by that tribunal after such commencement, as if the said act' as amended by thi& ~ct had not been passed ' - _- : xiv of 19471 25 31 (1) it; immediatelv before the commencement of this act, act n,:: to there is in force in any state any provinciw act or state act relat- ~tva;~rla!s ing to the settlement or adjudication of disputes, the operation of such an act in that state in 'relation ~ matters covered by that act shall not be affected by the industrial disputes act, 1947 as amended by this act (2) for the removal of doubts it is hereby declared that nothing ii in this section shall be deemed to preclude the central government or the national tribunal from exercising any powers conferred on it by the industrial disputes act, 1947 as amended by this act < '-30 32 the industrial employmeht (standing orders) act,'l94i·shall amcndmcr t be amended in the manner hereinafter specified, namely:-~~ ~;ltx - (a) in section 4, for the words "shall not be the function", the words "shall be the fu~ction" shalf be substituted-;' (b) in section 10, for sub-section (2), the following sub-section 3s shall be substitute<;l • namely:-"(2) subject to the provisions of sub-section (1), an employer or workman may apply to the certifying officer to have the -standing orders modified, and such application shall be accompanied by five copies of the 40 standing orders in which shall be indicated the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen, a certified copy of that agreement ~all be filed along with the application"; (c) after section 13, the following sections shall be inserted, namely:-5 interpretation, etc, of btanding orden "13a if any question arises as to the application or interpretation of· a standing order certified under this act, any employer or workman may refer the question to anyone of the labour courts constituted under the industrial disputes act, 1947 and specified for the 10 xiv (if j9<l7 disposal of such proceeding by the appropriate government by notification in the official gazette, and the labour court to which the question is so referred shall, after giving the parties an opportunity of being heard, decide the question and such decision shall be is final and binding on the parties act not to apply to certain industrial establishments 13b nothing in this act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the fundamental and supplementary rules, civil services (classification, 20 control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence service classification, control and appeal) rules or the indian railway establishment code or any other rules 25, or regulntions that may be notified in this behalf by the appropriate government in the official gazette, apply" 30 ~~lvl~ 33 (1) the industrial disputes (appellate tribunal) act, 1950 is of 1950 and hereby repealed laving (2) notwithstanding such repeal, if, immediately before the commencement of this act, there is pending any appeal or olher proceeding before the appellate tribunal constituted under the said act, the appeal or other pxceeding shall be decided or disposed of by the appenate tribunal as if the said act had not been repealed 3, by this aoi and every such d  ilion or order disposing of a proceeding, whe_ber pron01ldced or made before or after the commencement of his act, shah be enforced in accordance with the proviaions of the said act  statement of objects and reasqnsthe industrial disputes (amendment and miscellaneous provisions) bill, 1955, seeks to make certain long needed changes in the industrial disputes act, 1947, and the industrial employment (standing orders) act, 1946, and to repeal the industrial disputes (appellate tribunal) act 1950 2 the present cleflnition of 'workman' in section 2(,) ,of the industrial disputes act has led to uncertainty, particularly in the case of technical and supervisory personnel it is, therefore, proposed to enlarge the definition to cover supervisory personnel, whose emoluments do not exceed rs 500 per mensem, and also the technical personnel  3 there has heena persistent demand that notice 'should be given whenever it is proposed to make any change in the conditions of service of workmen therefore, a new chapter, namely, chapter iia is proposed to be inserted to provide that the employer shall not introduce any cbange in respect of certain specified matters without giving to the workmen concerned 21 days' notice of his intention to do so 4 the existing provisions of section 33 of the act prohibit during the pendency of any conciliation proceeding or proceeding beiore a tribunal any change being made in the conditions of serviee of, or any action being taken against, the workmeli concerned in the dispute except with the express written permission of the authority concemed the number of applications for such permission is frequently large and their disposal takes time employers have complained that they are therefore prevented from taking action even in obvious cases of misconduct and indiscipline unconnected with the dispute till long after the offence has been committed it is proposed to alter the existing provisions so as to provide that, where, during the pendency of proceedings an employer finds it necessary to proceed against any workman in regard to any matter unconnected with the dispute, he may do so in accordance with the standing order applicable to the workman, but where the action taken involves discharge or dismissal, he will have to pay the workman one month's wages and simultaneously file an application before the authority, before which the proceeding is pending, for its approval of the action taken protection on the lines of the existing provisions will continue to be available to all workmen in regard to any matter or misconduct co~cted with the dispute a limited number of representatives of the workers will, however, be given protection in all matters whether connected with the dispute or otherwise 5 there is a large volume of criticism that appeals filed before the appellate tribunal take a long time for disposal and invlolve a great deal of expenditure which the workers cannot afford it is proposed to repeal the industrial disputes (appellate tribunal) act, 1950, and at the same time to substitute the present system of tribunals by a three-tier system of original tribunals, manned by personnel of appropriate qualifications references to the national tribunals will be made by the central government and they will cover disputes which involve questions of national importance or which are of such a nature that establlshments situated in more than one state , are likely to be interested in, or affected by, the disputes 6 provision is also made for voluntary reference of disputes to slrbit1"jltion by the parties themselves by written agreement and for the enforcement of agreements between employers and workmen reached otherwise than in the course of conciliation 7 opportunity has been taken to carry out certain essential amendments to the industrial employment (standing orders) act, 1946 it is proposed to empower both the certifying officer and the appellate authority to take into account the fairness or reasonableness of the standing orders before they are certified under the present law, only the employer can take steps to modify the existing standing orders a similar right is being provided in the bill for workmen provision has also been made for the resolution of difterences that may arise between the parties as to the application add interpretation of standing orders in case of any such difterence, the parties can approach a labour court without the intervention of the appropriate government khandubhai k desai new di:lm; the 9th september, 1955  financial memorandumthe bill contemplates the setting up of three types of original tribunals, namely, labour courts, industrial tribunals and national tribunals under clause 4, the proposed section 7 empowers the appropriate government to appoint labour courts so far as the central govem'ment is concerned, it is proposed to set up three labour courts, one exclusively for mines and the other two for other central sphere undertakings each labour court will be presided over by a judicial officer of not less than 7 years' standing the expenditure on the salaries of the presiding officer and the staff and other incidental charges is likely to be about rs 28,000/- per annum for each court the total amount required for three labour courts would be about rs 84,000/- per annum the proposed section 7b empowers the appropriate government to appoint industrial tribunals so far as the central government is concerned, it is proposed to retain the existing central government industrial tribunal at dhanbad for the purpose the industrial tribunal will be presided over by a person who is or has been a judge of a high court or a person who had immediately before the commencement of these provisions served at least for two yeara as a member of an industrial tribunal it is not likely that there will be any appreciable additional expenditure on this aecount the proposed section 7b empowers the central government to appoint one or more national tribunals for the adjudication of industrial disputes which involve questions of national importance or are of such a nature that establishments situated in more than one state are likely to be affected by them it is diftlcult to foresee the number of disputes which may have to be referred to national tribunals but it may not be necessary to have more than one national tribunal a national tribunal will be presided over by a person who is or has been a judge of a high court the expenditure on the salaries of the presiding officer and the staff and other incidental charges is likely to be about rs 60,000/- per annum on the other hand, clause 33 seeks to abolish the labour appellate tribunal constituted· under the industrial disputes (appellate tribunal) act, 1950 a sum of rs 5,59,000/- has been provided in the budget for 1955-56 for meeting the expenditure on the appellate tribunal and it is likely that there would be a saving of about rs 51 lakhs per annum on account of the abolition of the appellate tribunal to sum up, while there may be an additional expenditure of about rs 1i lakhs per annum on account of the establislunent of labour courts and national tribunals, there is likely to be a saving of about rs 51 lakhs per annum on account of the abolition of the appellate tribunal clause 26 of the bill amends section 38 of the act which empowers the appropriate government to make rul,ea the matte~ 'in respect of which such rules may be made are specified therein they relate to the form of arbitration agreement, the manner in which it may be signed by the parties, the powers of the arbitrator and the procedure to be followed by him they also relate to certain consequential matters the matters specified in section 38 are of a routine character provision has been made that any rules' made under this section shall be laid, when they are made by any state government, before the state legislature and when they are made by the central government, before both houses of parliament clause 27 of the' bill substitutes a new section for section 39 of the act under section 39 as it originally stood, the appropriate government was empowered to delegate its powers under section 3 to any officer or authority subordinate to it the new section widens the scope of delegation and it empowers the central government, where it is the appropriate government, to delegate its powers to the state government or to any officer of the state government the central government does not have its officers in all parts of india and it is necessary to empower the central government to delegate its powers to the state governments or to officers subordinate to state governments the delegation is of a normal character   ""_  -  annexure extracts from the industrial disputes act 1947(act no xiv of 1947) - - - - - - l short title eztent and - - - - ' - coidmencc-mento (2) it extends to the whole of india except the state of jammu add kashmir - - - - - • - z in this act, unless there is anything repugnant in the subject definition • or- ~ontext,-- - - - - - (b) "award" means an interim or final determination by an industrial tribunal of any iddustrial dispute or of ·any question relating thereto; - - - - - - (p) "setuement" means a settlement arrived at in the course of conciliation proceeding; - - - - - - (1) "tribunal" means an industrial tribunal constituted under this act; (s) "workman" means any person employed (including an apprentice) in any'!lndutry to cleo any skith!!d orunsldtled manual or clerical work for hire or reward and includes, for the purposes of any proceedings under this act in relation to an industrial dispute, a workman discharged during that dispute but -does not include any person employed in the naval, military or air service of the government - - - - - - 7 (1) the appropriate government may constitute one or more industrial industrial tribunals for the adjudication of industrial disputes in tri bunals accordance with the provisions of this act (2) a tribunal shall consist of such number of independent members as the appropriate government may think lit to appoint, and where the tribunal consists of two or more members, one of them shall be appointed as the chairman,' thereof  (3) where a tribunal consists of one member oqiy, thatmem· ber, and where it consists of two or more members,the chairman - of the tribunal, shall be a person wh~ (a) is or has been a judge of a high court; or (b) is or has been a district judge; or (c) is qualified for appointment as a judge of a high court: provided that no appointment under this sub·section to a tribunal shall be made of any person not qualified under clause (a) or clause (b) except with the approval of the high court of the state in whi«h the tribunal has, or is intended to have, its usual seat (4) where a tribunal consists of two or more members, every such member (other than the chairman) shall possess such quailfi cations as may be prescribed, and where an industrial dispute affecting any banking or insurance company is referred to a tribunih, one of sueh members may be a person who, in the opinion of the appropriate government, has special knowledge of banking or insurance, as the case may be (5) a tribunal, where it consists of two or more members, may act notwithstanding the casual and unforeseen absence of the chairman or any other member, and when the chairman or other member rejoins his office after such absence, the proceedings may be continued before the tribunal from the stage at which he s(> rejoins of filling vacancie 8 (1) if for any reason a vacancy occurs in the office of the chairman or any other member of a board, the appropriate government shall appoint, in accordance with the provisions of subsection (3) of section 5, another person to fill the vacancy and the proceedings may be continued before the board so reconstituted from the stage at which the vacancy is filled (2) if for any reason a vacancy occurs in the office of the chairman or any other member of a court or tribun!ll, the appro~ priate government shall, in the case of a chairman, and may, in the case of any other member, appoint another independent' person, in accordance with the provisions of section 6 or section 7, as 'the case may be, to ftll the vacancy, and the proceedings may be continued before the court or the tribunal so reconstituted from the stage at which the vacancy is ftlled finality of t (1) no order of the appropriate government appointing any orden person as a member of a board, court or tribunal shall be called contitutina a board, in question·in· any manner ~=or tti-(2) where thp report of any settlement arrived at in the course 9f 1he co~~i!i!t~~n pr~¢ln~s ,b~fl?re ~ poard or ~he !lw~rd qt ~ tribunal consisting of two or more members is signed by the chairman and all the other members of the board or the tribunal, as the case may be, no such settlement 01' award shall be invalid by reason only of the casual and unforeseen absence of any of the members (including the chairman) of the board or the tribunal, as the case may be during any state of the hearing of the proceedings  - -   chapter iii reference oj disputes to boards, courts or tribunals tribunals  10 (1) where the appropriate government is of opinion that any refcrenc(~ of industrial dispute exists or is apprehended, it may at any time by disputes to rd· 'tin boards, o er m wn g,-coutts or - - - - - (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute to a tribunal for adjudication: provided that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it consi~ers that the notice has been frivolously or vexatiously given or that it would be inexpedient so to do, make a reference under this sub-section notwithstanding that any other proceedings under this act in respect of the dispute may have commenced (2) where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a referencc! of the dispute to a board, court or tribunal, the appropriate government, if satisfied that the persolls applying represent the majority of each party, shall make the reference accordingly (3) where an industrial dispute has been l'eferred to a board or tribunal under this section the appropriate government may by order prohibit the continuance of iiny strike or lock-outin connection with such dispute which may he in existence on the date of the reference (4) where in an order referring an industrial dispute "to a tribunal under this section or in a subsequent order, the- appropriate government has specified the points of dispute for adjudication the tribunal shall confine its adjudication to those points and matters incidental thereto (5) where a dispute concernil'lg any establishment or establish-r ments has been, or is to be, referred to a tribunal under this section and the appropriate government is of opinion, whether on any ~ppucation ~"-e tg ~~ ~ tb~ l?ehau c?~ otlwrwi1'e, that the cusput, "'  is of such a nature that any other establishment, group or class of establishments of a similar nature is likely to be interested in, or affected by, such dispute, the appropriate government may, at the time of making the reference or at any time thereafter but before the submission of the award, include in that reference such establishment, group or class of establishments, whether or not at the time of such inclusion any dispute exists or is apprehended in that establishment, group or class of establishments  chapter ivprocedure, powers and duties of authorities procedure and j;lowers ~~ =~: 11 (1) conciliation officers, boards, courts and tribunals shall, ~=:, and subject to the provisions of this act, follow such procedure as may tribunal be prescribed (2) a conciliation officer or a member of a board, court or tribunal may for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates ' (3) every board, court and tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 (v of 1908), when trying a suit, in respect of the following matters, namely:-(a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and material objects; (c) issuing commissions for the examination of witnesses; (d) in respect of such other matters as may be prescribed; 'and every inquiry or investigation by a board, court or tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code (xl v of 1860)  - - - - - - (5) with the consent of all parties to the dispute, a court or tribunal may, if it so thinks fit appoint one or more persons as assessors to advise it in the proceedings (6) every conciliation officer and every member of a board, court or tribunal· shall be deemed to be a ,public servant within the meaning of section '21 of the indian penal code (xlv of 1860) (7) subject to the rules made under this act, the costs of, and incidental to, any proceeding before a tribunal shall be in the discretion of that tribunal, and the tribunal 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 it by the person entitled, be recovered as arrears of land revenue or as a public demand by the appropriate government (8) every tribunal shall be deemed to be a civil court for the purposes of sections 480 and 482 of the code of criminal procedure, 1898 (act v of 1898) 12 (1) - - - - - - (5) if, on a consideration of the report referred to in sub-section (4), the appropriate government is satisfied that there is a case for reference to a board or tribunal, it may make such reference where the appropriate government does not make such reference it shall record and communicate to the parties concerned its reasons therefor - - - - - - 13 - - - - - - (5) if on the receipt of a report under sub-section (3) in respect of a dispute relating to a public utility service, the appropriate government does not make a reference to a tribunal under section 10, it shall record and communicate to tin! parties concerned its reasons therefor - - - - - - 15 where an industrial dispute has been referred to a tribunal duties of for adjudication, it shall hold its proceedings expeditiously" and tribunals shall, as soon as practicable on the conclusion thereof, submit its award to the appropriate government "  16 the report of a board or court and the award of a tribunal porm of ghatl be in writing and shall be signed by all the members of the ::;~ or board, court or tribunal, as the case may be: provided that nothing iri this section shall be deemed to prevent any member of the board, court or tribunal from recording a minute of dissent from a report or award from any recoirimenda- " tion made therein 17 the report of a board qr court and the award of a tribunal, publication together with any minute of dissent recorded therewith, shall, ~d ::~ within a period of one month from the date of its receipt by the appropriate government, be published in such manner as it thinks fit commcnc:c-17a (1) the award of a tribunal shall become enforceable on =~or the the expiry of thirty days from the date of its publication under section 17: provided that in cases where the award is not appealable and where the appropriate government is a party to the dispute and is of opinion that it will be inexpedient on public grounds to give effect to the whole or any part of the award, it may, before the expiry of the said period of thirty days, by order in the official gazette, either reject the award or modify it -  -  (3) subject to the provisions of sub-section (1), the award of a tribunal shall co\l1e into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforce- able under sub-section (1) penona on 18 a settlement arrived at in the course of conciliation proceed-=~: ae:=ci ings under this act or an award which has become enforceable shall awards binding are be binding on-period of operation of rttlements and awards (a) all parties to the industrial dispute; (b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the board or tribunal, as the case may be, records the opinion that they were so summoned without proper cause; (c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates; (d) where a party referred to in clause (a) or clause (b) is composed of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become in that establishment or part 19 (1) - - -  (2) such settlement shall 'be binding for such period as is agreed upon by the pallties, and if no such period is agreed upon, for a period of six months, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of two months from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement (3) an award shall, subject to the provisions of this section, remain in ope¥"8tion fc-r a period of one year: provided that the appropriate government may reduce the said period and fix such period as it thinks fit: provided further that the appropriate government may,' before the expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of any award does not exceed three ' years from the date on which it ca~e into operation (4) where the appropriate government, whether of its own motion or on the application of any party bound by the award, consi  ders that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate government may refer the award or a part of it to a tribunal for deci  sion whether the period of operation should not, byreason of such change, 'be shortened and the decision of the 'tribunal on such reference shall, subject to the provision for appeal, be final - - -  (7) in the computation of the period of operation of an award under sub-section (3), the period during which the implementation of the award is stayed by the labour appellate tribunal constituted under the industrial disputes (appellate tribunal) act, 1950, shall be excluded zoo \~ - - - -  commencement and conclusion of (2) a conciliation proceeding shall be deemed to have concluded- proa:edinp - - "  - (c) when a reference is made to a court or tribunal under section 10 during the pendency of conciliation proceedings (3) proceedings before a tribunal shall be deemed to have commenced on the date of the reference of dispute for adjudication and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceable under section 17a 21 there shall not be included in any report or award under ccrtaidi this act any information obtained by a conciliation officer, board, g:nera, k~~ court or tribunal in the course of any investigation or inquiry as conft<bntiaf to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evide~ce given before such officer, board, court or tribunal, if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer board, court or tribunal, as the case may be, that such information shall be treated· as confidential; nor shall such conciliation officer or any individual member of the board, court or tribunal or any person present at or concerned in the proceeding disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be: provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the indian penal code (xlv of 1860) - - -  gencral pro-23 no workman who is employed in any industrial establish-~:n an~ ment shall go on strike in breach of contract and no employer of loc:ir:-outi any such workman shall declare a lock-outlllepi itrikes and lock-oula -  -  (b) during the pendency of proceedings before a tribunal and two months after the conclusion of such proceedings; ol' -  -  z4 (1) -  -  (2) where a strike or lock-out in pursuance of an industrial dispute has already commenced and is in existence at the time of the reference of the dispute to a board, or tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this act <¥ the continuance thereof was not prohibited under sub-section (3) of section 10 -  -  r f hi any money due from an employer under the' provisions of m~c::ev;:' d::e this chapter, whether by way of compensation or by way of wages, from omp!2- may, without prejudice to any other mode of recovery, be recovered en u  r th f i hi· thll chapter m e same manner as an arrear 0 and revenue or as a pu ic demand by the appropriate government on an application made to it by the person entitled to the money - - - pc i ~ 29 if any person commits a breach of any term of any settlebnna~:! ~~ ment or award which is binding on him under this act, he shall on lic~ment or his first conviction therefore be punishable with fine which may aw extend to two hundred rupees and in the event of a second or subsequent conviction, with fine which may extend to five hundred rupees - - -  33 dujiing the pendebcy -of any· conciliation· 1 ~bgs!'qr pro,,",(,:oudition8 eedi h~f t'b l' anai'iot f; ~_a "_~_1 j  t  or icrvice, c ngs· """ or~ a· iii una  in· re""f"'_',o "aay ,: ~us_-,,·_l"'f' e,·do ·ett;!tto roemployer· shallmain uncharlfed dur-(a) alter, to the p!'ejudioe'oi' the·!workmell:ftmleamed\m:iuch~_ndency dispute, the conditiclllsllaf aenicetl appu~~ltto ~ltheml~rroceed­immediately before the commencement of such proceed-:: ings; or (b) discharge or punisa, whetheri!by jdismiatal~ oc othenrisel;:i any workman coneerne:hi'lsucbldypute,(;,,' save with the express permission in writing of the conciliation officer, board or tribunal, as the case may be 33awhere an emplo)!er' c:ootrlw'eot!i8· ,1be:  pl'owaiena; of section, ~cia1 • pro-,  ) vtllon !; •• "for  of 33 during the pendency of prooee8inls :·befole ii ,tribunal,"any em· a~cawi"'·'" ployee aggrieved by such contravention, ma~ make a complaint in u todiwihethcrr  con toni 0 writing, in the prescrlbed manner to such tribunal and on receipt aervice, etc, of such complaint that tribunal shall adjudicate upon the complaint ~::­as if it were a dispute referred to or pending before it, in accord- or' proci:icl ance with the provisions of this act and shall submit its award to inal the appropriate government and the provisions of this act shau·~, apply accordingly 36 (1) (4) in any proceeding before a tribunal, a party to dispute may  be represented by a legal practitioner with the consent of the other parties to the proceedinr and with the leave of the tribunal, 38 (1) (2) in particular and without prejudice to the generality of the' foregoing power, such rules may provide for all or any of the follow''': ing matters, namely:-(a) the powers and procedure of concuiation officers, boards, courts and tribunals including rules as to the summoning of witnesses, the production of docujlledb' ftleyenb te' the subject-matter of an inquir,"'oi"invest~atien;1: the '··,r' number of members necessary ,to form'··aquorum - m aibe ":" manner of submission of rej)oris''8jld 'awards; ~, - - (c), the allowances admissible to members of courts boards, and tribunals and to assessors and witnesses;  ;' ~~(il) the ministerial establishment which may be alloted to a court, board or tribunal and the salaries and allowances payable to members of such establishments; - - -  (f> the conditions subject to which parties may be represented by legal practitione~ in proceedings under this act before a court or tribunal; - - -  1>eiesllion 39 the appropriate government may by order direct that its or power power under section 3 shall, in such circumstances and under such conditions, if any, as may be specified in the order, be \xercised by any officer or authority slfbmdinate to that government - - -   ; :l~sehedule " lttdust'ries whim' may be'-declared to be pub tic utility services under sub-clause (vi) of clause (n) of section 2 1 transport (other than railways) for the carriage of passengers or goods, by land, water or air 2 coal 3 cotton textiles 4 food stuffs 5 iron and steel extracts from the industrial employment (standing orders) act, 1946 (act no xx of 1946)  - - - - - - condidon ;,j ," iteddiae1u'd8lw1llual! ,beremtifiawe lunderi thw· act iff~r cc:~-(a) provision is made therein fot' every matter set· out in the j,t:/ orden: schedule which is applicable to the industrial establishment, and duration and modiicatlon of itaddinl omen  ii ·(b) the standing orders are otherwise in conformity with the ' provisions of this act; and it shall not be the function of the certifying officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders - - -  10 (i) - - -  (2) an employer desiring to modify his standing orders shall apply to the certifying officer in that behalf, submitting five copies of the standing orders inwhica shall be indicated the modifications he pnposelt/andhwhere"such 'jrtodiftcations are made in agreement with the w~en \a~ copy of the agreement shall accompany the application - - - - - i a bill further to amend the industrial disputes act, 1947 and the industrial employment (standing orders) act, 1946 and to repeal the industrial disputes (appellate tribunal) act, 1950  the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabbs the consi deration of the bill secretary (shri khandubhai k desai, m,,,,ster 0/ labour) 