Labour Courts (Sec-7):

_{(1)             The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matters specified in the Second Schedule and for performing such other functions as the case may be assigned to them under this Act.}

_{(2)             A labour Court shall consist of one person only to be appointed by the appropriate Government.}

_{(3)             A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless -}

_{·        He is, or has been, a Judge of a High Court: or}

_{·        He has, for a period of not less than three years, been a District Judge or an Additional District Judge; or}

_{·        [omitted by Act 46 of 1982 S. 3]}

_{·        He has held any judicial office in India for not less than seven years; or}

_{·        He has been the Presiding Officer of a labour Court constituted under any Provincial Act or State Act for not less than five years.}

_{(1)             The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matters specified in the Second Schedule and for performing such other functions as the case may be assigned to them under this Act.}

_{(2)             A labour Court shall consist of one person only to be appointed by the appropriate Government.}

_{(3)             A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless -}

_{·        He is, or has been, a Judge of a High Court: or}

_{·        He has, for a period of not less than three years, been a District Judge or an Additional District Judge; or}

_{·        [omitted by Act 46 of 1982 S. 3]}

_{·        He has held any judicial office in India for not less than seven years; or}

_{·        He has been the Presiding Officer of a labour Court constituted under any Provincial Act or State Act for not less than five years.}

Court of Inquiry (Sec-6):

_{(1)             The appropriate Government may as occasion arises by notification in the Official Gazette, constitute a Court of inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.}

_{(2)             A Court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a Court consists of two or more members, one of them shall be appointed as the Chairman.}

_{(3)             A Court, having the prescribed quorum, may act, notwithstanding the absence of the chairman or any of its members of any vacancy in its number :}

_{Provided that, if the appropriate Government notifies the Court that the service of the Chairman has ceased to be available, the Court shall not act until a new Chairman has been appointed.}

Features of the Act

_{·        Any industrial dispute may be referred to an industrial tribunal by mutual consent of parties to dispute or by the State Government, if it deems expedient to do so.}

_{·        An award shall be binding on both the parties to the dispute for the operated period, not exceeding one year;}

_{·        Strike and lockouts are prohibited during: The pendency of conciliation and adjudication proceedings. The pendency of settlements reached in the course of conciliation proceedings; and The pendency of awards of Industrial Tribunal declared binding by the appropriate government.}

_{·        In public interest or emergency, the appropriate Government has power to declare the transport (other than railways), coal, cotton textiles, food stuffs and iron and steel industries to be public utility services for the purpose of the Act, for a maximum period of six months.}

_{·        In case of lay-off or retrenchment of workmen, the employer is directed to pay compensation to them. This provision stands in the case of transfer or closure of an undertaking also.}

_{·        A number of authorities (Works Committees, Conciliation Officers, Board of Conciliation, Courts of Inquiry, Labour Courts, Tribunal and National Tribunal) are provided for settlement of Industrial disputes. Although the nature of powers, functions and duties of these authorities differ from each other, even then everyone plays important role in ensuring industrial peace.}

 

Features of the Act

_{·        Any industrial dispute may be referred to an industrial tribunal by mutual consent of parties to dispute or by the State Government, if it deems expedient to do so.}

_{·        An award shall be binding on both the parties to the dispute for the operated period, not exceeding one year;}

_{·        Strike and lockouts are prohibited during: The pendency of conciliation and adjudication proceedings. The pendency of settlements reached in the course of conciliation proceedings; and The pendency of awards of Industrial Tribunal declared binding by the appropriate government.}

_{·        In public interest or emergency, the appropriate Government has power to declare the transport (other than railways), coal, cotton textiles, food stuffs and iron and steel industries to be public utility services for the purpose of the Act, for a maximum period of six months.}

_{·        In case of lay-off or retrenchment of workmen, the employer is directed to pay compensation to them. This provision stands in the case of transfer or closure of an undertaking also.}

_{·        A number of authorities (Works Committees, Conciliation Officers, Board of Conciliation, Courts of Inquiry, Labour Courts, Tribunal and National Tribunal) are provided for settlement of Industrial disputes. Although the nature of powers, functions and duties of these authorities differ from each other, even then everyone plays important role in ensuring industrial peace.}