Power of board under sec 11

Power of the Board [Sec.11]: 

The board has the following powers 1a) 

Power to Enter Premises : A member of the board, for the purpose of an enquiry into an esting or apprehended dispute, may enter any premises occupied by any establishment to which he dispute relates Vb) 

Power of Civil Court : The board shall have the same powers as are vested in a civil court eder the code of civil procedure in respect of the followings matter

 () Enforcing the attendance of any person and examining him on oath. 

()Compelling the production of any document and national objects. 

(u) Issuing commissions for the examination of witnesses.

 (v) In respect of such other matters as may be prescribed. Every inquiry or investigation by a board shall be deemed to be a judicial proceeding within the meaning Sec. 193 and 220 of the Indian Penal Code, 1860.

 4. Courts of Enquiry [Sec.6]:he appropriate government may, as occasion arises constitute a court of inquiry by notification in the official gazette for inquiring into any matter appearing to be connected with or relevant to an industrial dispute) The court may consist of one or more independent person of which one shall be appointed as chairman (if members are two or more than two). The court, having the prescribed quorum, shall act notwithstanding that the chairman or any of its members is absent or absence in any vacancy in number. But if the appropriate government notifies the court that the service of the chairman have ceased to be available, the court shall not act until the new chairman has been appointed. 

V Reference of Dispute [Sec.10(1)]:

Where the appropriate government is of the opinion that an industrial dispute exists or is apprehended, it may, at any time, by order in writing refer any matter appearing to be connected with or relevant to any dispute to a court for inquiry. VApplication by Parties. [Sec.10(2)]: Where the parties to a dispute apply to the appropriate government in the prescribed manner whether jointly or separately, for a reference of the dispute to the court, the appropriate government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly. 

V Duties of the Courts of Inquiry [Sec.14]:

A court shall inquire into the matter referred to it and then report to the appropriate government ordinarily within six months from the commencement of enquiry. The report of the court shall by in writing and be signed by all the members of the court Any member of the court can record any minute of dissent from a report or recommendation made thereon. Such report together with minute of dissent recorded therewith shall be published within period of 30 days from the date of its receipt by the appropriate government. 

Powers of the Court [Sec.11]: 

The court of enquiry shall have the following powers A fa) Power to Enter Premises: Any member of the court, may, for the purpose of inquiry into any existing or apprehended dispute, after giving reasonable notice enter the premises of establishment to which the dispute relates. Vb)

 Power of Civil Court:

A court of enquiry shall have the same powers asare vested in a civil court under the code of civil procedure, when trying a suit in respect of the following matters namely ) enforcing the attendance ofany person and examining him on oath, 

(i) compelling the production of documents and material objects

(iii) issuing commission for the examination of witnesses, and 

(iv) in respect of such other matters as may be prescribed. Every inquiry or investigation by a court shall be deemed to be a judicial proceeding under 193 and 208 of the Indian Penal Code. E

Power to Appoint Assessor : If a court thinks fit, it may appoint one or more person as assessor or assessors having special knowledge of the matter under consideration.
 The assessor(s) to advise court in its proceeding before it.

टिप्पणियाँ

इस ब्लॉग से लोकप्रिय पोस्ट

अर्थ्यवस्था में प्रसिद्ध व्यक्तित्व