The Kerala Headload Workers Act, 1980
Chapter VI C
Chapter VI C
19. Appointment of Officers for assisting Committee
(1) The Govt may appoint such number of officers as they think fit for assisting the committee in the exercise of its powers and the performance of its functions under the act and the Scheme. The officers appointed under sub-section (1) shall exercise such powers and discharge such duties as may be prescribed.
Chapter VI C
20. Supersession of committee
(1) If the Government are of the opinion - (a) that the committee is unable to perform its functions; or (h) that the committee has persistently made default in the discharge of its functions or has exceeded or abused its powers, the Government may, by notification in the Gazette, supersede the committee for such period as may be specified in the notification: Provided that, before issuing a notification under this subsection on any of the grounds mentioned in clause (b) the Government shall give a reasonable opportunity to the committee to show cause why it should not be superseded, and shall consider the explanations and objections, if any, of the committee. (2) Upon the publication of a notification under suh-s(1 ): all the members of the committee shall, as from the date of such publication, vacate their offices as such members: all the powers and functions, which may be exercised or performed by the committee, shall, during the period of supersession, be exercised or performed by such person or persons as may be specified in the notification; (c)all funds and other property vesting in the committee shall, during the period of supersession, vest in the Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-s.(1), the Government may:- extend the period of supersession for such further period as they may consider necessary Provided that the total period of supersession shall not exceed one year, or appoint another committee in the mariner provided in Si 8.
Chapter VI C
21. Settlement of disputes
(1) Where a dispute which is connected with the employment or non-employment or the terms of employment or with the conditions of work, of any head toad worker exists or is apprehended, the Assistant Labour Officer, having jurisdiction may hold conciliation conferences for the purpose of bringing about a settlement of the dispute and, if such settlement is not arrived at, send a report of the dispute to the Conciliation Officer. On receipt of a report under suh-s(1), the Conciliation Officer may hold conciliation proceedings and shall, for the purpose of bringing about a settlement of the dispute without delay investigate the same and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of promoting a fair and amicable settlement of the dispute. Ifs settlement of the dispute or of any of the matters in dispute is arrived at in the course of conciliation proceedings, the Conciliation Officer shall send a report thereof to the appellate authority. (4)11 a settlement of the dispute or any of the matters in dispute is not arrived at the Conciliation Officer shall take a decision on the dispute or, as the case may be, on the matters in respect of which no settlement has been arrived at and shall send a report of the dispute with a copy of his decision to the appellate authority. The decision of the Conciliation Officer under suhs(4) shall, subiect to the decision of the appellate authority under sub-s(7), be binding on all parties to the dispute. Any person aggrieved by any decision of the Conciliation Officer under suhs.( 4) may, within such time as may be prescribed, appeal to the appellate authority against such decision On receipt of an appeal under subs(6), the appellate authority shall make such inquiries as it deems fit and after giving the parties an opportunity of being heard decided the appeal within a pedod of two weeks from the date of receipt of the appeal. Notwithstanding anything contained in any IS for the time being in force, the appellate authority shall not stay theoperatioftof the decision of the Conciliation. Officer pending its decision on the appeal except for good and sufficient reasons to be recorded in writing
Chapter VI C
22. Reference or decision of disputes by Government
(1) Notwithstanding anything contained in S. 21, where any dispute exists or is apprehended, the Government may, by order in writing and for reasons to be slated therein:- refer the dispute to the appellate authority constituted for the area in which the dispute exists or is apprehended, for decision, or decided the dispute themselves. Where a dispute is referred to an appellate authority under clause (a) of subs. (1) that authority shall decide the dispute as if the reference by the Government were an appeal under sub-s. (6) of 5.21. The decision of the Government referred to in clause (b) of sub-s. (1) shall be final and shall be given effect to b y the parties to the dispute forthwith.
Chapter VI C
23. Representation of parties
(1) A head toad worker who is a party to a dispute shall be entitled to be representedin any proceeding under this Act by:- (a) any member of the executive orother office bearer of a registered trade union of which he isa member. (b) any member of the executive or other office bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated; (c) where the head load worker is not a member of any trade union, by any member of the executive or other office bearer of any trade union connected with, or by any other head worker employed in, the establishment under which the head load worker is employed and authorized in such manner as may be prescribed (2) An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by: an officer of an association of employers to which he is a member. an officer of a federation of association of employers to which the assothtion referred'to in clause (a) is affiliated; where the employer is not a member of any association of employers, by an officer of any association of employers connected with or by any other employer engaged in, the establishment similar to the one in which the employer is engaged and authorized in such manner as may be prescribed. (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Act. (4) In any proceeding before the appellate authority, or the Government, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the appellate authority or the Government, as the case may be.
Chapter VI C
24. Application of Employees Compensation Act to head load Workers
The provisions of the Employees Compensation Act 1923 (Central Act 8 of 1923) and the rule made there under shall mutatis mutandis apply to the head load workers employed in any establishment, and, for that purpose, they shall be deemed to be employees within the meaning of that Act.
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