Section 21 of Industrial Disputes Act 1947: Certain Matters to Be Kept Confidential
Section 21 protects specified confidential information concerning a trade union or an individual business when that information is obtained during an investigation or inquiry under the Industrial Disputes Act, 1947 and the person concerned makes the required written request for confidentiality.
Section 21 - Statutory text
21. Certain matters to be kept confidential.
There shall not be included in any report or award under this Act any information obtained by a conciliation officer, Board, Court, Labour Court, Tribunal, National Tribunal or an arbitrator, in the course of any investigation or inquiry as 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 evidence given before such officer, Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, if the trade union, person, firm or company in question has made a request in writing to the conciliation officer, Board, Court, Labour Court, Tribunal, National Tribunal or arbitrator, 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 or Court or the presiding officer of the Labour Court, Tribunal or National Tribunal or the arbitrator or any person present at or concerned in the proceedings 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 (45 of 1860).
When does Section 21 protect information?
| Requirement | Effect |
|---|---|
| Nature of information | Information must concern a trade union or an individual business carried on by a person, firm or company. |
| Source | It must be information obtained during an investigation or inquiry and not otherwise available except through evidence given before the specified statutory authority or arbitrator. |
| Written request | The trade union, person, firm or company concerned must request in writing that the information be treated as confidential. |
| Report or award | Protected information must not be included in a report or award under the Act. |
| Disclosure | The persons identified by Section 21 must not disclose the protected information without the required written consent. |
Who is subject to the confidentiality restriction?
The provision expressly covers the conciliation officer, members of a Board or Court, the presiding officer of a Labour Court, Tribunal or National Tribunal, an arbitrator, and any person present at or concerned in the proceedings. The restriction is therefore directed both at inclusion of protected material in a report or award and at disclosure by persons participating in or connected with the proceedings.
Written request and written consent
The statutory protection is tied to a written request from the trade union, person, firm or company concerned asking the relevant authority or arbitrator to treat the information as confidential. Once the statutory conditions are met, disclosure requires written consent of the secretary of the trade union or of the person, firm or company concerned, as applicable.
Exception for prosecution under IPC Section 193
The proviso creates an express exception where disclosure is for the purposes of a prosecution under Section 193 of the Indian Penal Code, 1860. In the pre-Bharatiya Sakshya Adhiniyam and pre-new-criminal-codes framework requested for this page, IPC Section 193 concerns punishment for false evidence: it prescribes punishment for intentionally giving or fabricating false evidence in a judicial proceeding, with a different punishment range for false evidence in other cases.
Relevant definitions under the Industrial Disputes Act
Conciliation proceeding
Section 2(e) defines "conciliation proceeding" as a proceeding held by a conciliation officer or Board under the Act.
Board
Section 2(c) defines "Board" as a Board of Conciliation constituted under the Act.
Court
Section 2(f) defines "Court" as a Court of Inquiry constituted under the Act.
Award
Section 2(b) defines "award" as an interim or final determination of an industrial dispute or a question relating to it by a Labour Court, Industrial Tribunal or National Industrial Tribunal, and includes an arbitration award made under Section 10A.
Relationship with reports and awards
Section 21 should be read with provisions governing reports and awards. Section 16 addresses the form of reports and awards, while Section 17 deals with their publication. Section 21 limits the inclusion and disclosure of information satisfying its confidentiality conditions.
Official legal sources
For authoritative statutory material, refer to the official Industrial Disputes Act, 1947 on India Code and the Ministry of Labour and Employment Acts and Policies portal.