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Section 7A - Tribunals : Industrial Disputes Act 1947

 

How to constitute Tribunals? Section 7A of Industrial Disputes Act 1947

Section 7A of Industrial Disputes Act 1947 : "Tribunals"

7A. (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 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

(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge;

(b) 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 labour department 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 be, before being appointed as the presiding officer; or

(c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.

(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.

STATE AMENDMENTS

GUJARAT
In section 7A :-
in clause (aa), after the words "an Additional District Judge" the words "or a Joint Judge or an Assistant Judge" shall be inserted;

in clause (b), the word "or" shall be added at the end;

after clause (b), the following clause shall be added, namely :-

(c) he has for not less than five years been the presiding officer of a Labour Court constituted under any law for the time being in force." – Gujarat Act No. 28 of 1977.

In section 7A, in sub-section (3), after clause (c), the following clause shall be added, namely:-

"(d) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years." - Gujarat Act No. 22 of 1981

HARYANA
In sub-section (3) of section 7A,-

(i) for clause (aa), the following clause shall be substituted, namely :-

"(aa) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge; or", and

(ii) after clause (aa), the following clause shall be inserted, namely:-

"(aaa) 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"- Haryana Act No. 39 of 1976

KARNATAKA
In sub-section (3) of section 7A after clause (a), the following clause shall be inserted, namely:-

"(aa) he is, or has been a District Judge for a period of not less than three years, or" - Mysore Act No. 6 of 1963 and Mysore Act No. 35 of 1963

KERALA
In sub-section (3) of section 7A for clause (a), the following clause shall be substituted, namely :-

"(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for appointment as a Judge of a High Court; or" - Kerala Act No. 28 of 1961

MADHYA PRADESH
In section 7A in sub-section (3), the following sub-section shall be substituted, namely :-

"(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

(b) he is eligible for being appointed a Judge of a High Court; or

(c) he has worked as President of the Board of Revenue; or

(d) he has worked as member of the Board of Revenue for a period of not less than three years; or

(e) he has worked as Commissioner of Labour for a period of not less than three years; or

(f) he has worked as a member of the Industrial Court constituted under section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960), for a period of not less than five years" - Madhya Pradesh Act No. 19 of 1988

MAHARASHTRA
In section 7A in sub-section (3), in clause(a), after the words "a Judge of a High Court" the following shall be inserted, namely :-

"or a District Judge or a person qualified for appointment as a Judge of a High Court" - Maharashtra Act No. 2 of 1963

In section 7A in sub-section (3),-
(i) in clause (aa), for the words "an Additional District Judge; or" words "an . Additional District Judge or an Assistant Judge; or" shall be substituted; and

(ii) after clause (b), the following new clause shall be inserted, namely :-

"(c) he has for not less than five years been a Presiding Officer of the Labour Court, constituted under any law for the time being in force -Maharashtra Act No. 56 of 1974.

In section 7A of the principal Act, in sub-section (3), after clause (c), the following new clause shall be inserted, namely :-

"(d) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years." - Maharashtra Act No. 22 of 1976.

ORISSA
After clause (a) of sub-section (3) of section 7A, insert, the following :-
"(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven years." - Orissa Act No. 6 of 1960.

WEST BENGAL
In clause (a) of sub-section (3) of section 7A after the words "High Court" insert the words "or a District Judge" or an "Additional District Judge". - West Bengal Act No. 17 of 1958.

For clause (aa) of sub-section (3) of section 7A, the following clause shall be substituted :-
"(aa) he is, or has been, a District Judge or an Additional District Judge; or" - West Bengal Act No. 35 of 1989.

 

INDUSTRIAL DISPUTES ACT 1947

Section 2 - Definitions

Section 2A - Dismissal, etc., of an individual workman to be deemed to be an industrial dispute

CHAPTER II - AUTHORITIES UNDER THIS ACT

Section 3 - Works Committee

Section 4 - Conciliation officers

Section 5 - Boards of Conciliation

 

 

Section 6 - Courts of Inquiry

Section 7 - Labour Courts

Section 7A - Tribunals

Section 7B - National Tribunals

Section 7C - Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals

Section 8 - Filling of vacancies

 

 

Section 9 - Finality of orders constituting Boards, etc

CHAPTER IIA - NOTICE OF CHANGE

Section 9A - Notice of Change

Section 9B - Power of Government to exempt

CHAPTER IIB GRIEVANCE REDRESSAL MACHINERY

Section 9C - Setting up of Grievance Redressal Machinery

Section 10 - Reference of disputes to Boards, Courts or Tribunals

 

 

Section 10A - Voluntary reference of disputes to arbitration

CHAPTER IV PROCEDURE, POWERS AND DUTIES OF AUTHORITIES

Section 11 - Procedure and powers of conciliation officers, Boards, Courts and Tribunals and National Tribunals

Section 11A - Powers of Labour Courts, Tribunals and National Tribunals to give appro­priate relief in case of discharge or dismissal of workmen

Section 12 - Duties of conciliation officers

Section 13 - Duties of Board

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