industrial dispute resolution 2

Md Mahmudur Rahman
Department of Public Administration
Jahangirnagar University
 212. Cessation of industrial dispute
(1) If the party raising an industrial dispute under section 210 fails to
(a) make a request to the Conciliator to conciliate in the dispute
under section 210(4) within the time specified therein, or
(b) commence strike or lock-out on the date specified in the notice
served under section 211(1), or
(c) refer the dispute to the Labor Court for settlement or serve
notice of strike or lock-out, within the time specified in section
211 (1); the dispute shall cease to exist on the expiry of such
specified time or date.
(2) When an industrial dispute ceases to exist under sub-section (1),
no fresh dispute on the same subject shall be raised within a
period of one year from the date of cessation of such dispute.
 213. Application to the Labor Court

Any collective bargaining agent or any employer

or worker may apply to the Labor Court for
the enforcement of any right guaranteed or
given by or under this Act or any award or
settlement or agreement [or recognized by
any existing custom or notice or order or
notification or in any other way.]
 214. Labor Courts
(1) For the purposes of this Act, the Government may, by notification in the official
Gazette, establish as many Labor Courts as it considers necessary.
(2) Where more than 1 (one) Labor Court is established under sub-section (1), the
Government shall specify in the notification the territorial limits within which each
of them shall exercise jurisdiction under this Act.
(3) A Labor Court shall consist of a Chairman and 2 (two) members to advise him, but
in case of trial of any offence or disposal of any matter under Chapter X and XII, it
shall consist of the Chairman only.
2[(3a) The members of a Labor Court may give their opinion, in writing, to the
Chairman of the Labor Court, and if the members give any opinion, it must be
mentioned in the judgment.]
(4) The Chairman of a Labor Court shall be appointed by the Government from
amongst the District Judges or Additional District Judges who are in service.
(5) The terms and conditions of appointment of the Chairman and of members of a
Labor Court shall be determined by the Government.
(6) One of the two members of the Labor Court shall be the representative of the
employers and the other shall be the representative of the workers and they shall
be appointed in the manner provided in sub-section (9).
 Labor Courts
(7) The Government shall, in the manner prescribed by rules, by notification in the official Gazette,
constitute two panels, one of which shall consist of six representatives of the employers and
the other of six representatives of the workers.
(8) The panel of members constituted under sub-section (7) shall be reconstituted after every 2
(two) years, but notwithstanding the expiry of the said period of 2 (two) years, the members
shall continue on the panels till the new panel is notified in the official Gazette.
(9) The Chairman of a Labor Court shall, for hearing or disposal of a case relating to a specific
industrial dispute, select one representative from each of the 2 (two) panels mentioned in sub-
section (7), and the representatives so selected together with the Chairman, shall be deemed
to have constituted the Labor Court in respect of the said industrial dispute:
• Provided that the Chairman may select any representative from either of the panels as a
member of the Labor Court for hearing more than one cases relating to industrial dispute.
(10) A Labor Court shall have exclusive jurisdiction in the following matters, namely:
(a) to adjudicate and determine any industrial dispute or any other dispute or any question
referred to or brought or made before it under this Act;
(b) to enquire into, adjudicate and determine any matter relating to the implementation or
violation of a settlement referred to by the Government;
(c) to try offences under this Act; and
(d) to exercise and perform such other powers and functions as are or may be conferred upon or
assigned to by or under this Act or any other law.
 Labor Courts
(11) If any member of a Labor Court is absent or unable to attend for any reason on
the date of hearing of the Court, whether such absence or inability occurs at the
beginning of or during the continuance of the hearing thereof, the proceedings
of the Court may begin or continue, as the case may be, in his absence and the
decision or award of the Court may be given in his absence; and no act,
proceedings, decision or award of a Labor Court shall be invalid or be called in
question merely on the ground of such absence or on the ground of any vacancy
in, or any defect in the constitution of, the Labor Court:
• Provided that if any member of the Court informs the Chairman beforehand of
his absence, the Chairman shall nominate another member from the panel of the
concerned parties:
• Provided further that the opinion of the members of both the sides shall be
mentioned in the judgment of the case.
(12) The provisions of Chapter XXXV of the Code of Criminal Procedure shall apply to
a Labor Court, and for the purposes of that Chapter, the Labor Court shall be
deemed to be a Criminal Court.
(13) All Labor Courts shall be subordinate to the Tribunal.
 215. Powers and Procedure of Labor
Courts in trial of offences.
(1) Subject to the provisions of this Act, a Labor Court shall, while
trying an offence, follow, as far as possible, the summary
procedure as prescribed under the Code of Criminal Procedure.
(2) A Labor Court shall, for the purpose of trying an offence under
this Act, have the same powers as are vested in the Court of a
1[Judicial Magistrate of the First Class or Metropolitan
Magistrate] under the Code of Criminal Procedure.
(3) Notwithstanding anything contained in sub-section (2), for the
purpose of imposing a penalty, a Labor Court shall have the same
power as is vested in a Court of Sessions under that Code.
(4) A Labor Court shall, while trying an offence, hear the case
without its members.
 216. Powers and procedure of Labor Court in
any matter other than trial of offences
(1) A Labor Court shall, for the purposes of adjudicating and determining any matter,
question or dispute, other than offences, under this Act, be deemed to be a civil
Court and shall have the same powers as are vested in such Court under the Code
of Civil Procedure including the following powers, namely:
(a) to enforce the attendance of any person, examine him on oath and take evidence;
(b) to compel the production of any document or material;
(c) to send commissions for the examination of witnesses or documents;
(d) to deliver ex-parte decision in the event of failure of any party to appear before the
Court;
(e) to set aside ex-parte decision;
(f) to set aside order of dismissal of a case made for non-appearance of any party; and
(g) in order to prevent the frustration of the purposes of the case, to pass interim
order upon any party.
(2) Subject to this Act, no court-fee shall be payable for filing, exhibiting or recording
any application or document in the Labor Court or obtaining any document from it.
 Powers and procedure of Labor Court in any
matter other than trial of offences
(3) The Labor Court shall, by notice to be served through process server or special
messenger or by registered post or by both methods, direct the opposite party to a
case to file written statement or objection, within a period not exceeding 10 (ten) days
from the date of filing of the case.
(4) The Labor Court may, for reasons to be recorded in writing, extend the said period by a
further period of not exceeding 7 (seven) days in all.
(5) If the opposite party fails to file any written statement or objection within the time
specified in the notice or the extended time, the case shall be heard and disposed of
ex-parte.
(6) The Labor Court shall not grant adjournment of the hearing of a case on the prayer of
any party for more than 7 (seven) days in all:
• Provided that if both parties pray for adjournment, the hearing of a case may be
adjourned for not exceeding 10 (ten) days in all.
(7) If the party filing the case is absent on the date of hearing, the case shall be dismissed
for default:
• Provided that the Court shall have power to set aside the order of dismissal, if any
application is made by the petitioner of the case within 3 (three) months from the
date of such order of dismissal.
 Powers and procedure of Labor Court in any
matter other than trial of offences
(8) If the opposite party to the case is absent on the date of hearing, the case shall
be heard and disposed of ex-parte.
(9) A case which is dismissed for default, shall not bar the filing of a fresh case on the
same cause of action, unless it is barred by any other reason and is filed after a
period of 3 (three) months from the date of dismissal.
(10) If any application is filed to the Labor Court by all the parties to a case for
withdrawal of a case, the Court may, after hearing both the parties, allow the
withdrawal of the case at any stage of the proceedings, if it is satisfied that the
dispute has been amicably settled.
(11) The judgment, decision or an award of a Labor Court shall be given in writing
and delivered in open Court, and a copy thereof shall be given to each party.
(12) The judgment, decision or an award of a Labor Court shall, in every case, be
delivered, within 60 (sixty) days from the date of filing of the case, unless the
parties thereto agree in writing to extend the time limit:
• Provided that no judgment, decision or award of a Labor Court shall be invalid
merely on the ground of delay in its delivery.
• Can be extended up to 90 days (2018)