To settle the Industrial disputes, the Industrial Disputes Act,1947 provides three kinds of Courts - Labour Court, Industrial Tribunal and National Tribunal or National Industrial Tribunal. The appropriate government may constitute one or more labor Courts for the purpose of adjudicating on the matter referred to it.
2) Labour Court :
According to Section 7 of the Industrial Dispute Act, 1947 The appropriate Government has been empowered to constitute Labour Court. The appropriate government, by notification, in the official gazette, may constitute one or more labor Courts for adjudication of industrial dispute specified in the second schedule.It consisted of one person, appointed by the government. He is called the presiding officer
(A) Qualification for the appointment of a Presiding Officer of the Court :
(i) He is or has been a judge of high court
(ii) He has for a period of not less than 3 years, been a district judge or an additional judge
(iii) He has held any judicial office in India for not less than 7 years
(iv) He has been the presiding officer of labor Court constituted under any Provision Act for not less than 5 years
(B) Disqualifications :
Section 7-C of the Industrial Dispute Act,1947 prescribes Disqualifications for the presiding officer to be appointed to the Labor Court. It provides that no person shall be appointed to or continue in office if:
(a) He is not an independent person; or
(b) he has attained the age of 65 years
Under Section 8 of the industrial dispute Act,1947 the appropriate government is vested with the powers to fill up the vacancy in the Labor Court caused for any reason.
3) Jurisdiction of the Labour Court:
A limited jurisdiction has been made available to the Labor Court which is circumscribed by the Section itself and the matter enumerated in the second scheduled (E.g., Dismissal, Retrenchment, Strike, Lockout etc) Labour court is not a Tribunal within the meaning of section 7A(3)(b) read with Section 2(R) and hence not bound by the rules of evidence and natural justice as is the case with Industrial Tribunal..
4) Duties of Labour Court :
Labour Court shall hold its proceedings within the specified period and shall submit its award to the Government. Such award must be in writing and signed by the presiding officer.
The Labour Court has the same power of a Civil Court. The proceeding of the Labour Court shall not be questioned on the ground that it is not properly constituted
5) Functions of the Labour Court :
The functions of the Labor Court are laid down in Section 7 of the said Act.
(I) Adjudicating upon industrial dispute specified in the second schedule of the said Act; are as follows
(1) The propriety or legality of any order passed by an employer under the standing orders;
(2) The application and interpretation of the Standing Orders
(3) Discharge or dismissal of the workman including reinstatement of, or grant of relief to, the workman wrongfully dismissed;
(4) Withdrawal of any customary concession or privilege
(5) Illegality or otherwise of a strike or Lockout; and
(6) All matters other than those specified in the Third Schedule which fall within the jurisdiction of Industrial Tribunal.
(II) Performing such other functions as may be assigned to it under the Industrial Dispute Act, 1947
The Other matters assignable on the Labor Court are:
(1) Voluntarily reference of dispute by written agreements between the parties under Section 10A;
(2) Arbitration reference under Section 10A;
(3) Permission to or approval of the action of discharge under Section 33;
(4) Complaint by the aggrieved employees under Section 33A;
(5) Application under Section 33(c)2 for the computation of any money or any benefit which is capable of being computed in the terms of money.
(6) Reference of awards or settlement for the interpretation in case of difficulty or doubt under Section 36A
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