Madhu.T.K
Industrial Relations And Labour Laws
S_brahma
Head Hr
+2 Others

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Sir I am in doubt whether I ask such question or not.Sir, I am working in a large PSU company with 21000 workforce. In my company there are so many committees are existing for the welfare of the workers. Well organized Trade Unions are operating under TU Act.Various committees like Jt.consultative Comm.,bipartite,tripartite safety committee, welfare committee & house allotment committee etc.are functioning. My question is whether Works Committee under Sec.3 of ID Act 1947 is required to be formed. Kindly advise.
As per law a Works Committee is also required. But a Joint Consultative Committee itself is a Works Committee wherein the disputes can be discussed and settled without intervention of other higher authorities under the ID Act.
Regards,
Madhu.T.K

I suppose that Works Committee in the shape of a Consultative Forum cannot take up an industrial dispute raised by a Workman, unless the dispute has been referred to Grievance Settlement Machinery of the Organization and the outcome is not satisfactory for the workman concerned.
Otherwise, kindly advise whether the individual dispute of common interest if not resolved by Grievance Settlement Machinery could be directly referred by the concerned workman to Concilliation Officers under ID Act of an appropriate government.

Constitution of Works Committee is mandatory under the Industrial Disputes Act ,there is no alternative .
Does Works Committee is mandatory if there is no trade Union? because we are creating unionism in the orgn?
I would say that this is a requirement of law. You are expected to have committees like this even if you do not have any grievance or dispute. In my opinion, this will improve the relationship between the employer/ mangers and the workers. Therefore, do not think that this will lead them to form union.
Madhu.T.K

A private limited company manufacturing Medical equipment having more than 100 employees is required to constitute "Workmen Committee". Do they fall under the Industrial Dispute Act?
The Plain reading of Sec 2 (f) says any Trade, Manufacture or Profession that means it need not be restricted to Public sectors.?? Please enlighten....

Public sector? The provision applies to all establishment wherein 100 or more employees are employed. There is no mention that it applies only to public sector, nor there is any restriction with regard to its constitution as private limited, public limited to partnership
I would say what the law says. It is not a requirement till the govt, "by special or general order" requires the employer to constitute the committee.
Till somebody produces that special or general order, it is not a mandatory requirement.

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