Labour courts, Industrial Tribunals, National Tribunals

Labour courts

Labour is a subject in the Concurrent Listunder the Constitution of India where both the Central and State Governments are competent to enact legislation subject, however, to reservation of certain matters for the Central Government.

The Ministry of Labour and Employment seeks to protect and safeguard the interests of workers in general and those who constitute the poor, deprived and disadvantaged sections of the society, in particular, with due regard to creating a healthy work environment for higher production and productivity, and developing and coordinating vocational skill training and employment services.

Government’s attention is also focused on promotion of welfare activities and providing social security to the labour force both in the organised and unorganised sectors, in tandem with the process of liberalisation. These objectives are sought to be achieved through enactment and implementation of various labour laws, which regulate the terms and conditions of service and employment of workers.

Individual workmen raise Industrial dispute Under Section7 of Industria Dispute Act 1947. Which says:

The appropriate government is empowered to establish one or more Labor Courts. Its function is to settle industrial disputes concerning any matter specified in the second schedule.

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

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

Matters within The Jurisdiction of Labour court

Second Schedule

1. The propriety or legality of an order passed by an employer under the standing orders;
2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. illegality or otherwise of a strike or lock-out; and

According to [Sec 10 (1) (c)] matters specified in THIRD SCHEDULE, dispute not effecting more than 100 workers can be referred to labour court.

According to [Sec 10 (2)] when parties in the industrial dispute apply to the government to refer dispute to the labour court and if government satisfies it shall make the reference to the labour courts.

According to [Sec 10 (6)] no Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the National Tribunal.

Power and status of the labour court in trying offences:

Section 215 and 216 of the code provides the procedure and powers of labour court which is may be of two types;

(1) Power and status in trying offences

(2) Power and status in civil maters

(a) The labour court shall follow as nearly as possible summary procedure as prescribed under the code of criminal procedure 1898 (Act V of 1898)

(b) A labour court shall for the purpose of trying an offence under the code have the same powers as are vested in the court of a magistrate of the first class under the code of criminal procedure.

(c) The labour court shall for the purpose of inflicting punishment have the same powers as are vested in Court of Session under that code.

(d) A labour court shall while trying an offence hear the case without the members.

Industrial Tribunals

Industrial Tribunal [Sec. 7A]: The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule and for performing such other functions as may be assigned to them under this Act.

Second Schedule

1. The propriety or legality of an order passed by an employer under the standing orders;
2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. Illegality or otherwise of a strike or lock-out; and

Third Schedule

1. Wages, including the period and mode of payment;
2. Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity;
6. Shift working otherwise than in accordance with standing orders;
7. Classification by grades;
8. Rules of discipline;
9. Rationalisation;
10. Retrenchment of workmen and closure of establishment; and
11. Any other matter that may be prescribed.

According to [Sec 10 (2)] when parties in the industrial dispute apply to the government to refer dispute to the industrial tribunal and if government satisfies it shall make the reference to the industrial tribunal.

According to [Sec 10 (6)] no Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the National Tribunal.

A Tribunal consists of one person only.

For appointment as the presiding officer of a Tribunal

• He is, or has been, a Judge of a High Court; or
• He has, for a period of not less than 3 years, been a District Judge or an Additional District Judge;
• He is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at 7 seven years’ experience in the labour department after having acquired degree in law including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may he, before being appointed as the presiding officer; or he is an officer of Indian Legal Service in Grade III with three years’ experience in the grade.

Role of Industrial Tribunal

The Industrial Tribunal is a juridical Tribunal made up of a Chairman and two members (one representing Workers interests and the other Employers interests) drawn up from separate panels in the case of an Industrial Dispute whilst of a chairman alone in the case of alleged unfair dismissal. It is regulated by the Employment and Industrial Relations Act 2002.

The tribunal hears disputes in the public but it may hold private sittings. Statements of Cases are asked of the parties who are then given an opportunity to support their cases by oral pleading.

Subject to the rules laid down under the Act, the Tribunal is free to regulate its own procedures but it is expected to observe the rules of natural justice and to decide on the substantive merits of the case in front of it.

Awards or decisions are binding on both parties. The parties are not free unilaterally to seek a revision within a year. They may however ask for an interpretation if the need arises.

Enforcement of the Tribunalas decisions vests in the Tribunal itself. The minister is empowered to ask the tribunal for advice in regard to matters relating to Trade Disputes.

In cases of unfair dismissal, the Tribunal may order re-instatement of the employee or award compensation.

In its awards the Tribunal is expected to refrain from any decision or consistent with any law or regulation regarding Conditions of Employment. The Tribunal is forbidden from encroaching upon the Public Service Commission.

No application fee or court fees are payable. The only real expenses are the transcripts which are obtained at a reasonable fee from the Law Courts transcribes, and the fee due to the person assisting the applicant. These fees are stipulated by L.N. 48 of 1986 – Representation Fees Regulations.

The Tribunal Office is housed at the Department of Industrial and Employment Relations and sittings are held at the Superior Courts.

Presenting a case to the Industrial Tribunal

A case before the Tribunal must be presented by means of a referral in writing consisting of a declaration stating the facts of the case. The referral must be presented in the Registry of the Tribunal at the Maltese Law Courts within four months from the effective date of the alleged breach.

National Tribunals

National Tribunal [Sec. 7 (B)]: The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals. Its main function is the adjudication of industrial disputes which involve questions of national importance or affecting the interest of two or more States.

According to [Sec 10 (1-A)] dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State, whether it relates to any matter specified in the Second Schedule or the Third Schedule, the government will order in writing refer to National Tribunal for adjudication.

According to [Sec 10 (2)] when parties in the industrial dispute apply to the government to refer dispute to the National Tribunal and if government satisfies it shall make the reference to the National Tribunal.

The Central Government shall appoint a National Tribunal consisting of one person only.

• A person to be appointed a presiding officer of a National Tribunal must be, or
• Must have been, a judge of a High Court or
• Must have held the office of the chairman or
• Any other member of the Labour Appellate Tribunal for a period of not less than two years.

The Central Government may appoint two persons as assessors to advise the National Tribunal.

Role of National Tribunal

Central government may, by notification in the official Gazette, constitute one or more National Tribunals for the adjudication of Industrial Disputes in:

• National matters.
• Matters in which industries are more than one state, or are affected by the outcome of the dispute.
• The duty of the National Tribunal to hold its proceedings fast and submit its report to the central government within the specified time given