Section 9C - Setting up of Grievance Redressal Machinery : Industrial Disputes Act 1947

What is Setting up of Grievance Redressal Machinery? Section 9C of Industrial Disputes Act 1947

Section 9C of Industrial Disputes Act 1947 : "Setting up of Grievance Redressal Machinery"

9C. (1) Every industrial establishment employing twenty or more workmen shall have one or more Grievance Redressal Committee for the resolution of disputes arising out of individual grievances.

(2) The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen.

(3) The chairperson of the Grievance Redressal Committee shall be selected from the employer and from among the workmen alternatively on rotation basis every year.

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

Provided that there shall be, as far as practicable one woman member if the Grievance Redressal Committee has two members and in case the number of members are more than two, the number of women members may be increased proportionately.

(5) Notwithstanding anything contained in this section, the setting up of Grievance Redressal Committee shall not affect the right of the workman to raise industrial dispute on the same matter under the provisions of this Act.

(6) The Grievance Redressal Committee may complete its proceedings within thirty days on receipt of a written application by or on behalf of the aggrieved party.

(7) The workman who is aggrieved of the decision of the Grievance Redressal Committee may prefer an appeal to the employer against the decision of Grievance Redressal Committee and the employer shall, within one month from the date of receipt of such appeal, dispose off the same and send a copy of his decision to the workman concerned.

(8) Nothing contained in this section shall apply to the workmen for whom there is an established Grievance Redressal Mechanism in the establishment concerned.

STATE AMENDMENTS

RAJASTHAN
After section 9B insert the following new Chapter :

"CHAPTER II-B REGISTRATION OF UNIONS
9C. Maintenance of register- It shall be the duty of the Registrar to maintain in such form as may be prescribed a register of Unions registered by him under the provisions of this Act.

9D. Application for registration - Any Union which has for the whole of the period of at least three months during the period of six months immediately preceding the calendar month in which it so applies under this section a membership of not less than fifteen per cent of the total number of workmen employed in unit of an industry may apply in the prescribed form to the Registrar for registration as a Representative Union.

9E. Registration of Union. - (1) On receipt of an application from a Union for registration under section 9-D and on payment of the fee prescribed, the Registrar shall, if, after holding such inquiry as he deems fit he comes to the conclusion that the conditions requisite for registration specified in the said section are satisfied and that the Union is not otherwise disqualified for registration, enter the name of the Union in the appropriate register in such form as section 9-C and issue a certificate of registration in such form as may be prescribed :

Provided that-
(i) where two or more Unions fulfilling the conditions necessary for registration under this Act apply for registration in respect of the same unit of an industry, the Union having the largest membership of employees employed in the unit of the industry shall be registered; and
(ii) the Registrar shall not register any Union if he is satisfied that application for its registration is not made bona fide in the interest of the workmen but is made in the interest of the employers to the prejudice of the interest of the workmen.

(2) Once a union has been registered as a representative union under this Act the registration of the union shall be held valid for a period of two years from the date of its registration and shall continue to hold valid unless the registration is cancelled under section 9-F of this Act or another union is registered in its place according to section 9G of this Act.
9F. Cancellation of registration. - The Registrar shall cancel the registration of a Union-

(a) If, after holding such an inquiry, if any, as he deems fit he is satisfied-

(i) that it was registered under mistake, misrepresentation or fraud; or

(ii) that the membership of the Union has for a continuous period of three months at any time after two years from the date of its registration fallen below the minimum required under section 9-D for its registration :

Provided that where a strike or a closure not being an illegal strike or closure under this Act in a unit of industry involving more than one-third of the workmen in the unit of the industry has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the said period of three months :

Provided further that the registration of Union shall not be cancelled under the registration of this sub-clause unless its membership at the time of the cancellation is less than such minimum; or

(iii) that the registered Union is being conducted not bona fide in the interests of workmen but in the interest of employers to the prejudice of the interests of workmen; or

(iv) that it has instigated, added or assisted the commencement or continuance of an illegal strike;

(b) If its registration under the Indian Trade Union Act, 1926 (Central Act XVI of 1926) is cancelled.

9G. Registration of another Union in place of existing registered Union.-(1) If any Union (hereinafter in this section referred to as 'applicant Union') makes an application to the Registrar for being registered in place of the Union (hereinafter in this section referred to as 'representative Union') for a unit of an industry [at any time after a lapse of two years from the date of registration of the representative union] on the ground that it has a larger membership of workmen employed in such unit of the industry, the Registrar shall call upon the representative Union by a notice in writing to show cause within one month of the receipt of such notice why the applicant Union should not be registered in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed.

(2) The Registrar shall forward to the Labour Commissioner of the State Government a copy of the said application and notice.

(3) If, on the expiry of period of notice under sub-section (1) and after holding such enquiry as he deems fit, the Registrar comes to the conclusion that the applicant Union complies with the conditions necessary for registration specified in section 9-D and that its membership was, during the whole of the period of [at least three months during the period of six months immediately preceding the calendar months in which it so applies under this section, larger than the membership of the representative Union, he shall, subject to the provisions of section 9-D, register the applicant Union in place of the representative Union.

(4) Every application made under this section shall be published in the prescribed manner not less than fourteen days before the expiry of the period of notice under sub-section (1).

9H. Application for re-registration - (1) Any Union, the registration of which has been cancelled on the ground that it was registered under a mistake or on the ground specified in sub-clause (ii) of clause (a) of section 9-F may, at any time after three months from the date of such cancellation and on payment of such fees as may be prescribed, apply for re-registration. The provisions of sections 9D and 9E shall apply in respect of such application.

(2) A Union the registration of which has been cancelled on any other ground shall not, save with the permission of the State Governments, be entitled to apply for re-registration.

9-I. Appeal to Industrial Tribunal from order of Registrar. - (1) Any party to a proceeding before the Registrar may, within thirty days from the date of an order passed by the Registrar under this Chapter, appeal against such order to the Industrial Tribunal:

Provided that the Industrial Tribunal may, for sufficient reason admit any appeal made after the expiry of such period.

(2) The Industrial Tribunal may admit an appeal under sub-section (1) if on a perusal of the memorandum of appeal and the decision appealed against it finds that the decision is contrary to law or otherwise erroneous.

(3) The Industrial Tribunal in appeal may confirm, modify or rescind any order passed by the Registrar and may pass such consequential orders as it may deem fit. A copy of the orders passed by the Industrial Tribunal shall be sent to the Registrar.

9J. Publication of orders. - Every order passed under section 9E or section 9F or section 9G and every order passed in appeal under section 9-I shall be published in the prescribed manner." - Rajasthan Act Nos. 34 of 1958 & 14 of 1970.