The main object of the Industrial Act 1947 is investigation and settlement of industrial disputes, to prevent illegal Strike and Lockout and to provide relief to workmen in case of Layoff and Retrenchment. The Industrial Disputes Act, 1947 has provided some authorities for the prevention and settlement of Industrial Disputes such as The Works Committee, Conciliation Officer, Board of Conciliation, Court of Inquiry, Labour Court, Industrial Tribunal and National Tribunal...
There was no provision of any adjudicatory machinery in the repealed Trade Dispute Act, 1929. Tribunals were created for the first time by Section 7 of the Industrial Dispute Act 1947 for the purpose of adjudicating upon the industrial matters referred to them by the appropriate government, thus introducing the concept of compulsory adjudication, where voluntary negotiation or meditation through the machinery of conciliation authorities have failed. But the original Section 7 was replaced by the present section 7(A), 7(B) and 7(C) by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act 1956.
1) National Tribunal
According to Section 7B of the said Act, the Central Government may by notification in the Official Gazette constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which in the opinion of the Central Government involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in or affected by such disputes.
2) Constitution
A National Tribunal shall consist of one person only to be appointed by the Central Government called Presiding officer. The Central Government may if it so thinks fit appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
3) Qualification of Presiding office
The person to be appointed as the Presiding Officer of a National Tribunal must be a Judge of High Court.
4) Disqualification
According to Section 7(C), no person shall be appointed or continue in the office of the presiding officer of a National Tribunal, if-
(a) He is not an independent person; or
(b) He has attained the age of sixty-five years.
5) Duties of National Tribunals
The Duties of Tribunals under Section 15 of the said Act are as under
To hold adjudication proceedings expeditiously. The whole object of the Industrial Disputes Act,1947 is to assure peace and harmony in the functioning of the industry with a view to achieve maximum industrial productivity. With this object in view the Legislature has enjoined upon the Tribunals to hold the adjudicatory proceedings expeditiously.
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There was no provision of any adjudicatory machinery in the repealed Trade Dispute Act, 1929. Tribunals were created for the first time by Section 7 of the Industrial Dispute Act 1947 for the purpose of adjudicating upon the industrial matters referred to them by the appropriate government, thus introducing the concept of compulsory adjudication, where voluntary negotiation or meditation through the machinery of conciliation authorities have failed. But the original Section 7 was replaced by the present section 7(A), 7(B) and 7(C) by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act 1956.
1) National Tribunal
According to Section 7B of the said Act, the Central Government may by notification in the Official Gazette constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which in the opinion of the Central Government involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in or affected by such disputes.
2) Constitution
A National Tribunal shall consist of one person only to be appointed by the Central Government called Presiding officer. The Central Government may if it so thinks fit appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
3) Qualification of Presiding office
The person to be appointed as the Presiding Officer of a National Tribunal must be a Judge of High Court.
4) Disqualification
According to Section 7(C), no person shall be appointed or continue in the office of the presiding officer of a National Tribunal, if-
(a) He is not an independent person; or
(b) He has attained the age of sixty-five years.
5) Duties of National Tribunals
The Duties of Tribunals under Section 15 of the said Act are as under
To hold adjudication proceedings expeditiously. The whole object of the Industrial Disputes Act,1947 is to assure peace and harmony in the functioning of the industry with a view to achieve maximum industrial productivity. With this object in view the Legislature has enjoined upon the Tribunals to hold the adjudicatory proceedings expeditiously.
See also...
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