Industrial Relations Act, 1946

Investigation by the Court of certain trade disputes resulting in stoppage of work and power to make awards in relation thereto.

71.—(1) Where the Court becomes aware that a trade dispute has occurred resulting in a stoppage of work in any trade or industry the Court may investigate the dispute, if satisfied that no trade union of workers is promoting or assisting the dispute.

(2) Where the Court decides to investigate a trade dispute in accordance with this section the following provisions shall have effect—

(a) the Court shall cause to be published in at least one newspaper circulating in the area in which the dispute has occurred notice of the time (which shall be not less than two clear days after the date of publication of such newspaper) and place at which the Court will sit to take evidence in relation to the dispute from persons concerned therein;

(b) the Court shall, at such sitting or any adjournment thereof, take evidence in relation to the dispute from all persons, appearing before it to give evidence, who, in the opinion of the Court, are concerned in the dispute;

(c) on hearing evidence the Court shall, as it thinks proper—

(i) decide not to take any action in regard to the dispute, or

(ii) publish a recommendation setting forth the opinion of the Court on the merits of the dispute and the manner in which it should be settled, or

(iii) make an award (which shall not be inconsistent in its terms with a registered employment agreement, within the meaning of Part III of this Act), setting forth the conditions on which, in the opinion of the Court, the dispute should be settled.