INDUSTRIAL LAW
OURPEREACE BETWEEN DAL ANTOONCADION AUTAORMLES 0
SIDDIOUI MUNAZZAH ROLLNO.35
LABOUR COURT
‘The Appropriate government may constitute
by notification one ox more Labour Count 2
adjudicate upon industrial dispute that may be
referred to them
NUMBER OF FERSON A Labour coust shall
consist of one person only.
‘QUALIFICATION:
1, He is or has been judge of aHigh Cout
2.He has for a period of not less than years,
heen a Distuict Judge or an Additional
District Judge.
9.He has held any judicial office in India for
jot less than 7 years.
‘He has heen the presiding officer of 2
Labour Court constituted under any
Provincial Act or State Act for not less
‘ans years
He is or haz been a Deputy Chief Labour
‘Comunissioner (Central) ox Joint
Comunissionex of the State Labour
Department, having a degree in law and at
least 7 years experience in the labour
department including 2 years of experience
has conciliation officer. However deputy
chief labour Commission or joint labour
‘comunissioner can be appointed enly after
Ihe resigns from a service , before been
appointed ar the presiding officer.
He is an officer of Indian legal sexvice in.
grade s with s years experience in the
great (5) &¢( 6) wed 15.9.2010 ]
DISQUALIFICATION:-
No person shall be appointed to , continme in.
the office of the presiding officer of aLabour
Court , Tzibuaal court ox national tribsoal, if:
a. He's not an independent person.
b.He has attainted the age of 65 years
NUMBER OFASSESORS:~
One ox more persone may be appointed having
special knowledge as assessors to advise it.
POWER:
[[8.24(2)] Gives power to Labour Court and
other authorities to enter premises occupied by
any establishanent to which they dispute relates
after giving reasonable notice.
INDUSTRIAL TRIBUNAL
‘The appropriate government may , by
notification in the Official Gazette ,
constitute one or more Industzial Tribunals
for the adjudication all induetzial dispute
aelating fo any matters specified in the
second and 3rd schedule and for pexforming
other function as may be assigned.
[NUMBER OF FERSON-- A Tsibunal shall
consist of one person only.
‘# Same ac Labour Court { point:
DISQUALIFICATION:-
Disqualification & other details are similar
to that of the Labour Court,
NUMBER OF ASSESORS:
‘The appropriate Government may appoint 2
person as ascessorS to advise the Txibuanal,
POWER:
Same as Labour Court,
NATIONAL TRIBUNAL
A national tribsmal can be constituted by
the central government only by 2
notification in the Official Gazette.
NUMBER OF FERSON- Same as labour
cout & Industrial taibwoual
‘OuALIFICATION:
‘The person shall be ox has been a
Judge of the High Cout
DISQUALIFICATION:
Disqualification & other details are
similar to that of the Labour Court
NUMBER OF ASSESORS:
‘The Central Govexument may appoint
two person as assessors to advise the
National Tribu.
POWER:
‘The appropriate Government has powers
smnder [=.280] to make rules about
salaries &c allowances & the terms &
condition for appointment of the[[S.a1(2)] Says Labour Court and other
authorities have the same powex as are vested
ina civil cont such a5 =
Enforcing the attendance of any person
and examining hi on oxth
1b. Compelling the production of document
and material object
issuing comanissions for the examination
of witnesses
powers in xespect of other matters as may
he prescribed.
everything inguity or investigation shall be
a judicial procedure
FUNCTION!
‘Adjudication Of industrial dispute for
‘matters given in second schedule.
i peaforming such other functions has me be
FUNCTIONS:~
Deciding collective disputes rlating to matters
specified in Schedule HT
Matters in Third Schedule are
PresidingO fficers of the Labour Court,
‘Taibuoual & the National Tribunal
inchding the allowances admisrable to
memebers of Court , Boards and te
acservons and witnesses [wef 15.9.2010]
FUNCTIONS:
Same as Labour Coust,
assigned te then.
Second Schedule contains the following
matters:
2 The propriety or legality of any order
passed by an employer widerstanding
orders.
1b. The application and interpretation of
standing orders.
Discharge or dismissal of worlanen
@.Withdrawal of any customary concession
or privilege.
e [legality of a strike or lockout
EAM matters other than those specified in
sed schedule
2. Wager , induding the pe
of payment
b.Compensatory or other allowances
cHots of work &rest intervals
a Leave with wages Scholidays
e-Bome , profit sharing provident fund
‘& gratuity.
EShift working otherwice than in
accordance with standing ordexs
g.Classification of grades
WRules of discipline
‘iRationalisation
|j-Retrenchment of worlanen & closure of
establishonent
Ac Any other matter that may be
prescibed,
d and mode