Section 11 of IDA : Section 11: Procedure And Powers Of Conciliation Officers, Boards, Courts And Tribunals

Explanation using Example

Imagine a scenario where a group of factory workers has a dispute with the management over wage increases. The workers claim that the management had previously agreed to a certain percentage raise after a year, but the management is now refusing to honor that agreement.

The dispute escalates, and the workers threaten to go on strike. To resolve the issue, a Labour Court is approached. In accordance with Section 11 of The Industrial Disputes Act, 1947, the Labour Court decides on the procedure it will follow to investigate the matter.

The presiding officer of the Labour Court exercises the power under subsection (2) to enter the factory premises to gather evidence and speaks to both the workers and the management. Under subsection (3), the Labour Court compels the management to produce the original agreement that was allegedly made with the workers.

If any witness is reluctant to attend the hearing, the Labour Court uses its powers, similar to a Civil Court, to enforce attendance and examine the witness under oath.

After thorough proceedings, the Labour Court reaches a decision. If the management is found to have reneged on the agreement, the Labour Court can issue an award in favor of the workers, which then, as per subsection (9), must be executed following the Code of Civil Procedure, similar to a decree of a Civil Court.