Amendment status not verified — confirm the current text below against the official source.
Courts of Inquiry.— (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 or any vacancy in its number: Provided that, if the appropriate Government notifies the Court that the services of the chairman have ceased to be available, the Court shall not act until a new chairman has been appointed. 1[7. Labour Courts.— (1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial 1 Subs. by Act 36 of 1956, Section 4, for section 7 (w.e.f. 10.3.1957). The Industrial Disputes Act, 1947 disputes relating to any matter specified in the Second Schedule and for performing such other functions as 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— 1[(a) he is, or has been, a Judge of a High Court; or (b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or 2[***]] 3[(d)] he has held any judicial office in India for not less than seven years; or 4[(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.] State amendment Haryana.—In section 7, in sub-section (3),— (i) for clause (b), substitute the following clause, namely:— “(b) he is qualified for appointment as is or has been, a District Judge or an Additional District Judge or; and” (ii) after clause (c), insert the following clause, namely;— “(cc) he has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or”. [Vide Haryana Act 39 of 1976, sec. 2 (w.e.f. 12-8-1976).] Case Law Right of Labour Court 1 Ins. by Act 36 of 1964, Section 3 (w.e.f. 19.12.1964). 2 Clause (c) omitted by Act 46 of 1982, Section 3 (w.e.f. 21.8.1984). 3 Clauses (a) and (b) reiterated as clauses (d) and (e) respectively by Act 36 of 1964, Section 3 (w.e.f. 19.12.1964). 4 Clauses (a) and (b) relettered as clauses (d) and (e) respectively by Act 36 of 1964, Section 3 (w.e.f. 19.12.1964). The Industrial Disputes Act, 1947 The Labour Court/Tribunal has an inherent right in the interest of justice to seek proper assistance and grant ‘leave’ to a party before it is represented by a legal practitioner; T.K. Varghese v. Nichimen Corporation, (2002) IV LLJ (Supp) Bom 1018. 1[7A. Tribunals.— (1) 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 2[and for performing such other functions as may be assigned to them under this Act], (2) A Tribunal 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 Tribunal unless— (a) he is, or has been, a Judge of a High Court; or 3[(aa) he has, for a period of not less than three-years, been a District Judge or an Additional District Judge; 4[***]] 5[***] (4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.] Comments Power to constitute Industrial Court/Tribunal Section 7A empowers the appropriate Government to constitute one or more Industrial Tribunals for adjudication of the disputes relating to any matter specified in the Schedules. The Second Schedule enumerates the matters which fall within the jurisdiction of the Labour Court. The Third Schedule enumerates the matters which fall within the jurisdiction of the Industrial Tribunal; Jagdish Narain Sharma v. Rajasthan Patrika Ltd., 1994 LLR 265 (Raj). 6[7B. National Tribunals.— 1 Ins. by Act 36 of 1956, Section 4 (w.e.f. 10.3.1957). 2 Ins. by Act 46 of 1982, Section 4 (w.e.f. 21.8.1984). 3 Ins. by Act 36 of 1964, Section 4 (w.e.f. 19.12.1964). 4 The word “or” omitted by Act 46 of 1982, Section 4 (w.e.f. 21.8.1984). 5 Clause (b) omitted by Act 46 of 1982, Section 4 (w.e.f. 21.8.1984). 6 Ins. by Act 36 of 1956, Section 4 (w.e.f. 10.3.1957). The Industrial Disputes Act, 1947 (1) 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) A National Tribunal shall consist of one person only to be appointed by the Central Government. (3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal 7[unless he is, or has been, a Judge of a High Court]. (4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.] 1[7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals.—No person shall be appointed to, or continue in, the office of the presiding officer of a Labour Court, Tribunal or National Tribunal, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.] State amendment Punjab, Haryana, Chandigarh.—In section 7C, for clause (b), substitute the following clause, namely:— “(b) he has attained the age of sixty-seven years”. [Vide Punjab Act 8 of 1957, sec. 3 (w.e.f. 3-6-1957); and the Central Act 31 of 1986.] 2[8. Filling of vacancies.—If, for any reason a vacancy (other than a temporary absence) occurs in the office of the presiding officer of a Labour Court, Tribunal or National Tribunal or in the office of the Chairman or any other member of a Board or Court, then, in the case of a National Tribunal, the Central Government and in any other case, the appropriate Government, shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Labour Court, Tribunal, National Tribunal, Board or Court, as the case may be, from the stage at which the vacancy is filled.] 1 Subs. by Act 46 of 1982, Section 5, for certain words (w.e.f. 21.8.1984). 2 Subs. by Act 36 of 1956, Section 5, for section 8 (w.e.f. 10.3.1957). The Industrial Disputes Act, 1947 1[9. Finality of orders constituting Boards, etc.— (1) No order of the appropriate Government or of the Central Government appointing any person as the Chairman or any other member of a Board or Court or as the presiding officer of a Labour Court, Tribunal or National Tribunal shall be called in question in any manner; and no act or proceeding before any Board or Court shall be called in question in any manner on the ground merely of the existence of any vacancy in, or defect in the constitution of, such Board or Court. (2) No settlement arrived at in the course of a conciliation proceeding shall be invalid by reason only of the fact that such settlement was arrived at after the expiry of the period referred to in sub-section (6) of section 12 or sub- section (5) of section 13, as the case may be. (3)Where the report of any settlement arrived at in the course of conciliation proceeding before a Board is signed by the Chairman and all the other members of the Board, no such settlement shall be invalid by reason only of the casual or unforeseen absence of any of the members (including the Chairman) of the Board during any stage of the proceeding.] 1 Subs. by Act 36 of 1956, Section 5, for section 9 (w.e.f. 10.3.1957). The Industrial Disputes Act, 1947 1[CHAPTER II-A NOTICE OF CHANGE