Chapter VII POWERS OF COURTS

(1) Where a Court decides that any person named in the complaint has engaged in, or is engaging in, any unfair labour practice, it may in its order— (a) declare that an unfair labour practice has been engaged in or is being engaged in by that person, and specify any other person who has engaged in, or is engaging in the unfair labour practice; (b) direct all such persons to cease and desist from such unfair labour practice, and take such affirmative action (including payment of reasonable compensation to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion of the Court be necessary to effectuate the policy of the Act; (c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be cancelled or that all or any of its rights under sub-section (7) of section 20 or its right under section 23 shall be suspended. (2) In any proceeding before it under this Act, the Court may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the practice complained of, which is an issue in such proceeding), pending final decision : Provided that, the Court may, on an application in that behalf, review any interim order passed by it. (3) For the purpose of holding an enquiry or proceeding under this Act, the Court shall have the same powers as are vested in Courts in respect of— (a) proof of facts by affidavit; (b) summoning and enforcing the attendance of any person, and examining him on oath; (c) compelling the production of documents; and (d) issuing commissions for the examination of witnesses.

(1) Where in any proceeding before the Court, if either party, in spite of notice of hearing having been duly served on it, does not appear, when the matter is called on for hearing the Court may either adjourn the hearing of the matter to a subsequent day, or proceed ex parte, and make such order as it thinks fit. (2) Where any order is made ex parte under sub-section (1), the aggrieved party may, within thirty days of the receipt of the copy thereof, make an application to the Court to set aside such order. If the Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the order so made, and shall appoint a date for proceeding with the matter: Provided that, no order shall be set aside on any such application as aforesaid, unless notice thereof has been served on the opposite party.

Notwithstanding anything contained in this Act, the Court shall have the power to decide all matters arising out of any application or a complaint referred to it for the decision under any of the provisions of this Act.

(1) The Industrial Court may make regulations consistent with the provisions of this Act and rules made thereunder regulating its procedure. (2) In particular, and without prejudice to the generality for the foregoing power, such regulations may provide for the formation of Benches consisting of one or more of its members (including provision for formation of a Full Bench consisting of three or more members) and the exercise by such Bench of the jurisdiction and powers vested in them: Provided that, no Bench shall consist only of a member, who has not been, and at the time of his appointment, was not eligible for appointment as a Judge of a High Court. (3) Every regulation made under this section shall be published in the Official Gazette. (4) Every proceeding before the Court shall be deemed to be a judicial proceeding within the meaning of sections 192, 193 and 228 of the Indian Penal Code (XIV of 1860). (5) The Court shall have power to direct by whom the whole or any part of the costs of any proceeding before it shall be paid : Provided that, no such costs shall be directed to be paid for the service of any legal adviser engaged by any party.

An order made by the Court regarding the costs of a proceeding may be produced before the Court of the Civil Judge within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within the local limits of the ordinary civil jurisdiction of the High Court, before the Court of Small Causes of Bombay, and such Court shall execute such order in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit.

The determination of any question of law in any order, decision, or declaration passed or made, by the Full Bench of the Industrial Court constituted under the regulations made under section 33 shall be binding and shall be followed in all proceedings under this Act.

The State Government may authorise, and direct any officer of Government to appear in any proceeding before the Court by giving notice to such Court ; and on such notice being given, such officer shall be entitled to appear in such proceeding and to be heard by the Court.

(1) An Investigating Officer shall exercise the power conferred on him by or under this Act, and shall perform such duties as may be assigned to him, from time to time, by the Court. (2) For the purpose of exercising such powers and performing such duties, an Investigating Officer may, subject to such conditions as may be prescribed, at any time during working hours, and outside working hours after reasonable notice, enter and inspect— (a) any place used for the purpose of any undertaking; (b) any place used as the office of any union; (c) any premises provided by an employer for the residence of his employees; and shall be entitled to call for and inspect all relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act. (3) All particulars contained in, or information obtained from, any document inspected or called for under sub-section (2) shall, if the person in whose possession the document was, so requires, be treated as confidential. (4) An Investigating Officer may, after giving reasonable notice, convene a meeting of employees for any of the purposes of this Act, on the premises where they are employed, and may require the employer to affix a written notice of the meeting at such conspicuous place in such premises as he may order, and may also himself affix or cause to be affixed such notice. The notice shall specify the date, time and place of the meeting, the employees or class of employees affected, and the purpose for which the meeting is convened: Provided that, during the continuance of a lock-out which is not illegal, no meeting of employees affected thereby shall be convened on such premises without the employer’s consent. (5) An Investigating Officer shall be entitled to appear in any proceeding under this Act. (6) An Investigating Officer may call for and inspect any document which he has reasonable ground for considering to be relevant to the complaint or to be necessary for the purpose of verifying the implementation of any order of the Court or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the Investigating Officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908) in respect of compelling the production of documents.