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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Occupational Safety, Health and Working Conditions Code, 2020

A producer engages an audio-visual worker directly under a written agreement that covers nature of assignment, wages, safety and hours of work, and sets up a dispute mechanism. A dispute arises and the internal mechanism fails to resolve it. Which statement is correct under the OSH Code, 2020?

Either the producer or the worker may invoke the Industrial Tribunal when the agreed dispute resolution mechanism fails. The Code deems such a dispute to be an industrial dispute, so the right is not limited to the worker and the internal mechanism is not final.

  1. AEither party may invoke the jurisdiction of the Industrial Tribunal, and the dispute is deemed an industrial dispute for that purposeCorrect
  2. BOnly the worker may approach the Industrial Tribunal
  3. CThe dispute can only be taken to a civil court
  4. DThe dispute ends, as the internal mechanism is final

Explanation

Under section 66(4) proviso, if the dispute resolution mechanism fails, either party may approach the Industrial Tribunal, and the dispute is deemed an industrial dispute under the Industrial Disputes Act, 1947. So it is not limited to the worker, nor is the mechanism final, nor is it confined to civil courts.

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