1) Introduction
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There was no provision of any adjudicatory machinery in the repealed Trade Dispute Act, 1929.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.
2) Industrial Tribunal
According to Section 7(A) of the Act, by 1956 Amendment Act, the appropriate Government by notification in the Official Gazette may constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter specified in the Second Schedule or the Third Schedule and for performing such other functions as assigned. A Tribunal once appointed cannot be abolished by an executive act.
The government which constituted the tribunal is entitled to make a reference to a Tribunal for clarification of a prior award and there is no bar or On The Tribunal to make a supplementary award
3) Constitution of the Industrial Tribunal
A Tribunal shall consist of one person only to be appointed by the appropriate Government. It may be constituted for a limited time or for any particular Case. It is headed by one person known as Presiding Officer.
4) Qualification of Preceding officer
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
(b) He has, for a period of not less than three-years, been a District Judge or an Additional District Judge;
(c) 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 least seven years' experience in the labor department including three years of experience as Conciliation Officer:
(c) He is an officer of Indian Legal Service in Grade III with three years' experience in the grade.
(d) The presiding officer shall be an independent person.
(e) He must not have attained the age of 65 years.
5) Jurisdictions of the Industrial Tribunals
The Industrial Tribunal are assigned the jurisdiction to adjudicate upon industrial disputes specified in the second and third schedule of the Act or any matter appearing to be connected with or relevant to such disputes, referred to it under Section 10(1)(d) of the Act. It is immaterial whether any such matter appearing to be connected with or relevant to the basic dispute relates to any matter specified in Second and third schedule or not. The first proviso to Section 10 Lays down that way in the dispute relates to matter specified in the third schedule and it is not likely to affect more than a hundred workmen, the appropriate government has the discretion to make a reference to the Labor Court.
The following matters are specified in the third schedule of the Act -
(1) Wages including the period and mode of payment;
(2) Hours of work and rest intervals;
(3) Leave with wages and holidays
(4) Compensatory and other allowances
(5) Bonus, profit sharing, provident fund and gratuity ;
(6) Shift working otherwise than in accordance with standing orders;
(7) Classification by grades
(8) Rates of discipline
(9) Rationalization
(10) Retrenchment of workmen and closure of establishment;
(11) Any other matter that may be prescribed.
Thus, whereas questions arising under the second schedule can be adjudicated both by Industrial Court and tribunal, questions arising from matters included in the third schedule can be referred for adjudication to a Tribunal alone unless the case falls under the provision to Section 10 (1) (d). Lays down that the appropriate government may refer the dispute or any matter appearing to be connected with or relevant to, the dispute, whether it relates to any matter specified in the Section or third schedule to a Tribunal for adjudication.
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