Section 11A - Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen : Industrial Disputes Act 1947

What is Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen? Section 11A of Industrial Disputes Act 1947

Section 11A of Industrial Disputes Act 1947 : "Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen"

11A. 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 adjudication and; in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require :

Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.

STATE AMENDMENTS
ANDHRA PRADESH
After section 11A of the principal Act, the following section shall be inserted namely:-

"11B. Power of Labour Court or Tribunal to execute its award by decree.-A Labour Court or a Tribunal shall have the power or a Civil Court to execute its award or any settlement as a decree of a Civil Court." - Andhra Pradesh Act No. 32 of 1987.

MADHYA PRADESH
After section 11A, the following sections shall be inserted, namely :-

"11B. Powers of Labour Courts in respect of criminal cases.-In respect of offences punishable under this Act and the Acts specified in Part-B of the Second Schedule a Labour Court shall have all the powers under Code of Criminal Procedure, 1973 (No. 2 of 1974) of a Judicial Magistrate of the First Class and in the trial of every such offence shall follow the procedure laid down in Chapter XXI of the said Code for summary trial and the rest of the provisions of the Code, shall, so far as may be, apply to such trial.
11C. Appeal.-(1) An appeal shall lie to the Industrial Court constituted under section 9 of the Madhya Pradesh Audyogik Sambandh Adhiniyam, 1960 (27 of I960),-

(a) against a conviction by a Labour Court, by the person convicted;

(b) against an acquittal by a Labour Court, by the State Government;

(2) Every appeal shall be made within sixty days from the date of the conviction, acquittal or sentence, as the case may be :

Provided that the Industrial Court may for sufficient reason allow an appeal after the expiry of the said period.

11D. Powers of the Industrial Court hearing appeal under section 11C.-In respect of offence punishable under this Act and the Acts specified in Part B of the Second Schedule, Industrial Court hearing appeal under section 11C shall have all the powers of the High Court under the Code of Criminal Procedure, 1973 (2 of 1974) and shall follow such procedure as it may think fit in disposing of the appeal." - Madhya Pradesh Act No. 43 of 1981.

about sections, 11B, 11C and 11D shall be omitted � MP Act No. 28 of 2003.

WEST BENGAL
After section 11A the following section shall be inserted :-

"11B. Power of a Labour Court or Tribunal to execute its award by decree, etc.- A Labour Court or a Tribunal shall have the power of a civil court to execute its own award as a decree of a civil court and also to execute any settlement as defined in clause (p) of section 2 as a decree." - West Bengal Act No. 57 of 1980.