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Section 7C - Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals : Industrial Disputes Act 1947

 

What are the Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals? Section 7C of Industrial Disputes Act 1947

Section 7c of Industrial Disputes Act 1947 : "Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals"

7C. 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 AMENDMENTS

PUNJAB
In section 7C for clause (b), the following shall be substituted, namely :- "(b) he has attained the age of sixty-seven years;" - Punjab Act No. 8 of 1947.

WEST BENGAL
To clause (b) of section 7C of the said Act, the following proviso shall be added, namely :-

"Provided that where such presiding officer of a Tribunal appointed by the State Government attains the age of sixty-five years before completion of any proceedings pending before him, the State Government may if in the opinion of such Government public interest so requires, order his continuance in office for a period not exceeding six months for completion of the proceed­ings" - West Bengal Act No. 11 of 1959.

GUJARAT
After section 7C, insert the following section :

"7D. Certain District Judges qualified for appointment on Tribu­nal constituted by State Government - Notwithstanding anything contained in sub-section (1) of section 7A-

(1) the State Government may constitute an Industrial Tribunal under that sub-section for performing such other func­tions as may be assigned to it under this Act;

(2) where the State Government constitutes a Tribunal under section 7A, the Tribunal may consist of a person who is, or has been, for a period of not less than 5 years, a District Judge or Additional or Joint District Judge and, notwithstanding anything contained in sub-section (3) of section 7A but subject to section 7C, such person shall be deemed to be qualified for appointment as the Presiding Officer of the Tribunal;

(3) the appointment of a person qualified under clause (2) shall be made after consultation with the "High Court" - Gujarat Act No. 22 of 1962.

MADHYA PRADESH
Clause (b) of section 7C of the principal Act, the following proviso shall be added, namely :

"Provided that a person appointed to the office of the Presiding Officer of a Tribunal may continue in such office till he attains the age of sixty seven years." - Madhya Pradesh Act No. 3 of 2007.

 

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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