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1. Presentation By Team Zakia

2. All Members : Mst  Zakia Sultana (1031) Fahmida Hafiz Lubna (1044) Tanzila Akter Chaity (1048) Abidur Rahman Saad (1005) Rabeya Talukder (1020) Md. Labib Faisal (1027) Mehedi Hasan (1028) Md. Refaitul Islam Rifat (1030)

3. CHAPTER XIV  SETTLEMENT OF DISPUTE, LABOUR COURT, LABOUR APPELLATE  TRIBUNAL, LEGAL PROCEEDINGS, ETC.  209. Raising of industrial dispute. 210. Settlement of industrial dispute. 211. Strike and lock-out. 213. Application to the Labour Court. 214. Labour Courts. 215. Powers and Procedure of Labour Courts in trial of offences. 216. Powers and procedure of Labour Court in any matter other than trial of offences. of offences. 217. Appeal against judgments, etc. of Labour Courts 218. Labour Appellate Tribunal . 219. Form of application or appeal. 220. Appearance of parties to a case. 222. On whom the settlement, etc. shall be binding . 223. Date of enforcement of settlements, etc. 224. Commencement and conclusion of proceedings . Sections:-

4. Sections To Be Covered

5. By-   Mst Zakia Sultana (1031) 209.  Raising of industrial dispute. 210.  Settlement of industrial dispute. 211.  Strike and lock-out. 213.  Application to the Labour Court. 214.  Labour Courts. 215.  Powers and Procedure of Labour Courts in trial of offences. 216.  Powers and procedure of Labour Court in any matter other than trial of offences. By-  Fahmida Hafiz Lubna   (1044) 217.  Appeal against judgments, etc. of Labour Courts ​ 218.  Labour Appellate Tribunal ​ 219.  Form of application or appeal. ​ 220.  Appearance of parties to a case. ​ 222.  On whom the settlement, etc. shall be binding. ​ 223.  Date of enforcement of settlements, etc. ​ 224.  Commencement and conclusion of proceedings.

6. Key Notes:

7. 209.  Raising of industrial dispute No industrial dispute shall be deemed to exist unless it has been in accordance with this chapter by collective bargaining agent or an employer. 210.  Settlement of industrial dispute 1. In case of probable industrial disputes, employers or collective bargaining agent shall communicate his or its views in writing to the other parties. 2. Sub section (1)- within fifteen days of the receipt of a communication, both the parties will arrange a meeting with a view to reaching an agreement. 3. If the parties reach a settlement on the issued discussed, a memorandum of the settlement shall be recorded in writing and signed by both parties and thereof a copy shall be forwarded by the employer  to the Government, the Director of Labour and the Conciliator.

8. 4. If both parties fail to arrange a meeting for settlement within the given they can report the matter to the conciliator and request him in writing to conciliate in dispute. 5. The Government shall appoint some conciliator for industrial dispute by notification in the Official Gazette. 6. Within 10 days the conciliator shall start conciliation and shall call meeting of the parties for settlement. 7. The parties to dispute shall appear before the conciliator or shall be represented before hi by person nominated b them and authorized to negotiate and enter into agreement binding on the parties. 8. If any settlement of dispute is arrived at in the course of proceeding before him, the conciliator shall send a report to the Government with a memorandum of settlement signed by the parties. 210.  Settlement of industrial dispute ​

9. 210.  Settlement of industrial dispute ​ ​ 9. If no settlement is arrived at within the period of thirty days of receipt of request under sub section 4 by the conciliator, the conciliator proceeding shall fail or the conciliator may be continued for additional period if the parties agree for that. 10.  If the conciliator proceeding fails, the conciliator shall try to persuade the parties to agree to refer the dispute to an arbitrator. 11.  If the parties don't agree to refer the dispute to an arbitrary, the conciliator shall, within three days of failure of conciliation proceedings, issue a certificate to the parties  to dispute to the effect that such proceedings have failed. 12.  If the parties agree to refer the dispute to an arbitrator they shall make a joint request in writing for reference of the dispute to an arbitrator agreed upon by them.

10. 210.  Settlement of industrial dispute ​​ ​ 13. The arbitrator may be a person who is selected by the Government or any other person agreed upon by the parties. 14. The arbitrator shall give award within a period of thirty days from the date on which the dispute is referred to him or such further period as may be agreed upon in writing by the parties to the dispute. 15.  After he has made an award, the arbitrator shall forward a copy thereof to the parties and the Government. 16.  The award of the arbitrator shall be final, no appeal shall lie against it. 17.  An award shall be valid for a period not exceeding two years s may be fixed by the arbitrator.

11. 210.  Settlement of industrial dispute ​​ ​ 18.  The Director of the Labour may, if he deems fit in the interest of the settlement of dispute, at any time take over any conciliation proceedings pending before the conciliator and proceed to conciliate himself or transfer such proceedings to the other conciliators. 19.   Notwithstanding anything contained in this section, the collective  bargaining agent of the establishments, in respect of which a trade union of employers or a federation of trade unions of employers has been registered shall communicate with such trade union of employers or federation regarding any industrial dispute and any agreement regarding settlement of industrial dispute made with such trade union of employers or federation shall be binding upon all the employers and workers of the establishments

12. 211 . Strike and lock-out   ​ 1. If a strike or lock-out is commenced, either of the parties to the dispute may make an application to the labor Court for settlement of the dispute. 2.  If a strike or lock-out lasts for more than thirty days the Government may, by order in writing, prohibit the strike or lock-out. 3. In the case of public utility services, the Government may, by order in writing, prohibit a strike or lock-out at any time before or after the commencement of the strike or lock-out. 4.  In any case in which the Government prohibits a strike or lock-out, it shall forthwith refer the dispute to the labor Court. 5.  The labor Court shall, after giving both the parties to the dispute an opportunity of being heard, make such awkward as it deems fit as expeditiously as possible but not exceeding sixty days from the date on which the dispute is referred to it.

13. 211.  Strike and lock-out  ​ ​ 6. An award of the labor Court shall be for such period as may be specified in the award which shall not be more than two years. 7.  No strike shall be permissible in an establishment for a period of three years from the date of commencement of production. If such establishment is a new one or is a new owned by foreigners or is established is collaboration with foreigners. But other provision of this chapter relating to resolving industrial dispute shall apply to such establishment. For Example:  On September 21,2013 tens of thousands of garments workers commence to strike or lock-out for increasing the minimum salary against the factory owners.

14. 213.  Application to the Labour Court. Under  this Act, the following parties may apply to the labor court for the enforcement of any rights that the law grants to the - The collective Bargaining Agent The employer The employees

15. 214 . Labour Courts ​ Exception: For the settlement of any matter under Chapter X and Chapter XII, it shall be constituted with the chairman only. # Through notification in the Official Gazette, the government shall establish as may Labor Courts as it considers necessary. ​ # The Government shall specify in the notification the territorial limits of each labor Court if there are more than one labor Court. ​ # A labor Court shall consist of- ​ A chairman ​ Two members to advise the chairman. ​

16. # The member of the labor Court shall communicate their opinions to the chairman in writing and such communications must be mentioned in the judgement. # The government shall appoint the chairman of the labor court from among the- District Judges or Additional District Judges # The government will determine the terms and conditions for the appointment of the chairman of the labor court. # One of the 2 members of the labor court- One shall represent the workers and The other shall represent the employers 214.  Labour Courts ​ ​

17. 214.  Labour Courts ​ ​ ​ # By notification in the Official Gazette, the Government shall constitute 2 panels each consisting of 6 members of solely- Employers and Employees # The Panel of members shall be reconstituted after every two years. # A Labor Court shall have exclusive jurisdiction to: Settle any industrial dispute brought under this act. Enquire into any matter relating to the implement or violation of settlement. Try offence under this Act & exercise and perform other powers conferred to it by law. # The labor Court shall deemed to be a civil court. # All Labor courts shall be subordinate to the tribunal.

18. 215.  Powers and Procedure of Labour Courts in trial of offences 1. A labor Court shall follow as nearly as possible the summary procedure as prescribed under the code of criminal procedure in trying to give legal punishment. 2.  For trying offences, a labor court shall have the same powers as are vested in the court of (judicial magistrate or metropolitan magistrate) under the code of criminal procedure. 3.  Notwithstanding anything contained in sub section 2, the labor court shall for the purpose of inflicting punishment, have the same powers as are vested in court of sessions under that code 4.  While trying an offence, the labor court shall administer its proceedings without its member.

19. 216 . Powers and procedure of Labour Court in any matter other than trial  of offences ​ 1. For the purpose of adjudicating and determining any matter, a labor court shall be deemed to be a civil court (one party who feels they were harmed brings a complaints against another party) and shall have the same powers as are vested in such court under the code of civil procedure. 2.  Subject to this code, no court-fee shall be payable for filing, exhibiting or recording any document in, or obtaining any document from a labor court. 3.  The labor court shall direct the opposite part of any case within ten days from the date of filing of the case through process server or special massager or registered post or both system to file his written statement or objection. 4. For reasons recorded in writing, the labor court may extend such time for not more than seven day in total.

20. 216. Powers and procedure of Labour Court in any matter other than trial of offences ​ ​ 5.  If the opposite party fails to submit a written statement or objection within fixed time or extended time, the case shall be disposed of after  ex  parte  (with respect to or in the interest of one side only or of an interested party) hearing. 6.  The labor court shall not adjourn the hearing of any cases for more than seven days in total on the application of the party. 7.  If the petitioner of the case remains absent on the date of hearing, the case shall stand dismissed. 8.  If the opposite party to the case remains absent on the date of hearing, the case shall be disposed of after hearing  ex  parte .

21. 216. Powers and procedure of Labour Court in any matter other than trial of offences ​​ ​ Ex  Parte -  Ex  parte  means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. 9. The dismissal of a case shall not bar the institution of a fresh case on the same cause of action unless it is barred by any other reasons and instituted after three months of the dismissal. 10.  If all the parties to any case pray for the withdrawal of the case to the labor court, the court may allow withdrawal at any stage of the case, if  it is satisfied that the case has been settled on compromise.

22. 216. Powers and procedure of Labour Court in any matter other than trial of offences ​​​ ​ 11. Any judgement, decision or reward of the labor court shall have to be delivered in the open court and a copy thereof shall be given to each party. 12.  The judgement, decision or award of the labor court shall, in every cases, be delivered within sixty days from the date of filing of the case unless the parties aggress to extend the time limit.

23. 217 . Appeal against judgments, etc . of Labour Courts ​ Subject to this Act any party aggrieved by an award, decision, sentence or judgment given or passed by a labor court may prefer an appeal to the labor Appellate Tribunal within sixty days of the delivery thereof and the decision of the tribunal in such be final.

24. 218. Labour Appellate Tribunal   1. For the purpose of this Act, there shall be a Labor Appellate Tribunal which shall consist of a chairman, and, if the Government so deems fit, such numbers of other members as the Government may appoint from time to time. 2. The chairman and the members, if any, of the Tribunal shall be appointed by the Government by notification in the official Gazette on such, terms and conditions as the Government may determine. 3. The Chairman of the Tribunal shall be a person who is or was a judge or Additional Judge of the Supreme Court, and a member of the Tribunal shall be a person who is or was a judge or an Additional Judge of the Supreme Court or who is or was a District Judge for not less than three years.

25. 218. Labour Appellate Tribunal   ​ 4.  If the Chairman is absent or unable to discharge his function for any reason, the senior member of the Tribunal, if any, shall perform the function of the Chairman. 5.  The Chairman may, for the efficient performance of the functions of the Tribunal, constitute as many benches of the Tribunal, consisting of one or more members of the Tribunal, including, himself, where necessary, as he may deems fit.  6. An appeal or any matter before the Tribunal may heard and disposed of by the Tribunal sitting in full bench or any bench thereof.  7. The Tribunal shall follow as nearly as possible such procedure as are prescribed under the Code of Civil Procedure, for hearing of appeal by an Appellate Court from original decrees.

26. 218. Labour Appellate Tribunal   8.  If the members of a bench differ in opinion as to the decision to be given on any profit- a. The matter shall be decide according to the opinion of majority b. If the Chairman is not the member of this bench, such point shall be decided by the Chairman or by the majority of the members hearing this point, as the case maybe. 9. Where a bench includes the Chairman of the Tribunal as one of its Members and there is a different of opinion among the members and the Members are equally divided, the decision of Chairman shall prevail and the decision of the Bench shall be express in terms of the opinion of the chairman. 10.   (10) The Tribunal may, on appeal, confirm, set aside, very or modify the award, decision or sentence or remand a case to the Labour Court for re-hearing: and shall, save otherwise provided, exercise all the powers conferred by this Act on the Labour Court.

27. 218. Labour Appellate Tribunal   ​ ​ 11. The decision of the Tribunal shall be delivered within a period of sixty days following of the appeal: Provide that such decision shall not be rendered invalid by reason of any delay in its delivery. 12.  The Tribunal shall have the authority to punish for contempt's of its authority, or that of any Labor Court, as if it were a High Court Division of the Supreme Court. 13.   Any person convicted or sentenced by the Tribunal under the sub section (12) to imprisonment for any period, or to pay a fine exceeding two hundred taka, may prefer an appeal to the High Court Division. 14. The Tribunal may, on its own motion or on the application of a party, transfer any application or proceeding from a Labor Court to any other Labor Court.

28. 218. Labour Appellate Tribunal  ​ ​ ​ ​ Summary: These sections basically focuses on the power and procedure of labor court for trying offences in compare with civil court (one party who feels they were harmed brings a complaint against another party) and shall administer its proceeding without its member. These section also refer the power of labor court in other cases such adjudicating and determining any matter, enforcing the attendance of any person, the time schedule for decision or award of labor court, providing no award, decision or judgement of that court shall be invalid merely on the ground of delay in its delivery. A Labor Appellate Tribunal, including Chairman and Members, appointed by the Government in official Gazette have all the power to make decisions and also have the authority to punish for contempt's of its authority or that's of any Labor Court.

29. 219. Form of application or appeal An application to a Labour Court or an  appeal to the Tribunal shall be made in such form, as may be prescribed by rules, and shall contain, in addition to such particulars as may be prescribed by rules, the following particulars, namely:-  (a) the names and addresses of the parties;  (b) a concise statement of the circumstances of the application or appeal and the relief claimed;  (c) the provision of the law under which the application or appeal is made and the relief prayed for;  (d) in the case of a delay in making the application or appeal, the reason for such delay and the provision of law under which condonation of delay is prayed for; 

30. 219. Form of application or appeal ​​ ​ (e) in a case of application under Chapter X, a statement showing  ​ separately the basic wages, dearness allowance, ad-hoc or interim  ​ wages, if any, and other sums payable with wages payable to the  ​ applicant per month;  ​ (f) in the case of an application under Chapter XII for payment of  compensation against an employer, the date of service of notice of the  accident on the employer; and if such notice has not been served or  has not been served in time, the reason thereof;  (g) in any case other than application by dependents for payment of  compensation under Chapter XII, a concise statement of the matters  on which agreement has been and of those on which agreement has  not been, arrived at; 

31. 219. Form of application or appeal (h) the date on which cause of action has arisen ; and  ( i ) a statement showing that the Labour Court has jurisdiction to entertain  the application.  220. Appearance of parties to a case In any case other than a case of appearance for giving witness, filing of application, appearance, or any other act required to be made or done by any person before a Labour Court or Tribunal may be made or done by himself or by any representative authorized by him in writing or by a lawyer:  Provided that such representative or lawyer shall not be are resentative of the concerned Court. 

32. 222 . On whom the settlement, etc . shall be binding (1) Any settlement arrived at in a conciliation or any award of an Arbitrator or any judgment, decision or award of a Labour Court or any judgment, decision or award of the Tribunal shall be binding on the following persons, namely:-  (a) all parties to the dispute;  (b) unless the Court otherwise directs, any other party appeared in any proceedings as a party to the dispute by order of a Labour Court;  (c) where the employer of the establishment to which the dispute  relates is a party, the heirs or successors of the employer; and  (d) where a collective bargaining agent is a party to the dispute, all workers who were employed in the establishment to which the dispute relates on the date on which the dispute first arose or employed therein after that date. 

33. 222. On whom the settlement, etc. shall be binding ​ (2) A settlement arrived at by an agreement between the employer and a trade union of the workers of his establishment, otherwise than by conciliation, shall be binding on the parties to the agreement.  223. Date of enforcement of settlements, etc (1) A settlement shall  become effective- (a) if a date is agreed upon by the parties to the dispute to which it relates, on such date; and  (b) if a date is not so agreed upon, on the date on which the memorandum of the settlement is signed by the parties.  (2) A settlement shall remain effective for such period as is agreed upon by the parties and, if no such period is agreed upon, for a period of 1 (one) year from the date of signing the memorandum of settlement by the parties.

34. 223. Date of enforcement of settlements, etc ​ (3) After expiry of the period mentioned in sub-section (2), such settlement shall continue to be binding on the parties, until 2 (two) months expires from the date on which either party informs the other party in writing of its intention not to be bound any longer by the settlement.  (4) An award of a Labour Court shall, unless an appeal is preferred against it to the Tribunal, become effective from the date specified by such Court and shall remain effective for such period, not exceeding 2 (two) years, as may be specified by it.  (5) The Arbitrator, Labour Court or the Tribunal, as the case may be, shall fix the date on which different demands included in the award shall be effective and the dates by which each of the demands shall be enforced. 

35. 223. Date of enforcement of settlements, etc ​ ​ (6) If at any time before the expiry of the period mentioned in sub-section (4) or (5), any party bound by an award applies to the Labour Court which made the award for reduction of the said period on the ground that the circumstances in which the award was made have materially changed, the Labour Court may by order, after giving the other party an opportunity of being heard, if it considers expedient,  terminate the said period on a date specified in the order.  (7) A decision of the Tribunal in appeal in respect of an award shall be  effective from the date of the award. 

36. 223. Date of enforcement of settlements, etc ​​ ​ (8) Notwithstanding the expiry of the period of an award under sub-section (4) or (5), the award shall continue to be binding on the parties, until the period of 2 (two) months from the date on which either party informs the other party in writing of its intention not to be bound any longer by the award expires.  (9) Notwithstanding anything contained in this section, no industrial dispute or proceedings in respect thereof shall be raised or commenced again before the expiry of 1 (one) year from the date of signing of the memorandum of settlement by the parties to the dispute or the date of expiry of the period of settlement or award, whichever is later. 

37. 224 . Commencement and conclusion of proceedings (1) A conciliation shall be deemed to have commenced on the date on which a request for conciliation is received by the Conciliator under section 210(4).  (2) A conciliation shall be deemed to have concluded, where a settlement is arrived at, on the date on which a memorandum of settlement is signed by the parties to the dispute.  (3) Where no settlement is arrived at, a conciliation shall be deemed to have concluded-  (a) if the dispute is referred to an Arbitrator under section 210 (12), on the date on which the Arbitrator gives his award; or 

38. 224. Commencement and conclusion of proceedings (b) if the dispute is not referred to an Arbitrator, on the date on which the Conciliator issues the certificate of failure of conciliation.  (4) The proceedings before a Labour Court shall be deemed to have  commenced on the date on which any dispute, question or matter relating thereto is referred to the Labour Court.  (5) The proceedings before a Labour Court shall be deemed to have  concluded on the date on which the judgment, decision or award relating thereto is delivered. 

39. That's All !!! Thank you Presentation of Law Of Labour Relations