Section 7 of the Industrial Disputes Act 1947 - Labour Courts
Section 7 of the Industrial Disputes Act, 1947 empowers the appropriate Government to constitute one or more Labour Courts for adjudication of industrial disputes relating to matters specified in the Second Schedule and for other functions assigned under the Act.
- The appropriate Government constitutes a Labour Court by notification in the Official Gazette.
- Labour Courts adjudicate industrial disputes concerning matters in the Second Schedule.
- A Labour Court consists of one person appointed by the appropriate Government.
- Section 7(3) specifies alternative qualifications for appointment as presiding officer.
- Section 7C separately governs disqualifications for presiding officers.
What is a Labour Court under the Industrial Disputes Act?
A Labour Court is a statutory adjudicatory authority constituted under Section 7. Its principal jurisdiction under Section 7(1) concerns industrial disputes relating to matters specified in the Second Schedule. The expression appropriate Government is defined in Section 2(a) of the Act and determines whether the Central Government or State Government exercises the relevant statutory power in a particular case.
Section 7 - Constitution of Labour Courts
Section 7(1): The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for adjudication of industrial disputes relating to matters specified in the Second Schedule and for performing other functions assigned under the Act.
Section 7(2): A Labour Court consists of one person appointed by the appropriate Government.
Section 7(3): A person must satisfy at least one of the statutory qualification routes for appointment as presiding officer, subject to the Act and applicable amendments.
Qualifications of the presiding officer under Section 7(3)
Under the central statutory text applicable within the stated cut-off, a person may qualify if the person:
- is, or has been, a Judge of a High Court; or
- has been a District Judge or Additional District Judge for at least three years; or
- has held a judicial office in India for at least seven years; or
- has been presiding officer of a Labour Court constituted under a Provincial Act or State Act for at least five years; or
- is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, has a law degree and at least seven years of labour department experience including three years as Conciliation Officer, subject to the statutory resignation proviso; or
- is an officer of the Indian Legal Service in Grade III with three years of experience in that grade.
Clause (c) of Section 7(3) was omitted by the Industrial Disputes (Amendment) Act, 1982. The Labour Department and Indian Legal Service qualification routes in clauses (f) and (g) were inserted by the Industrial Disputes (Amendment) Act, 2010.
Second Schedule jurisdiction
The Second Schedule identifies matters within the jurisdiction of Labour Courts. These include questions concerning the propriety or legality of an employer's order under standing orders; application and interpretation of standing orders; discharge or dismissal of workmen including reinstatement or relief for wrongful dismissal; withdrawal of customary concessions or privileges; illegality or otherwise of a strike or lock-out; and matters other than those specified in the Third Schedule.
Related provisions
Section 2 - Definitions
Section 2 contains definitions used throughout the Act, including expressions relevant to industrial disputes, employers, workmen and the appropriate Government.
Section 7A - Industrial Tribunals
Section 7A provides for Industrial Tribunals to adjudicate disputes relating to matters in the Second Schedule or Third Schedule and to perform other functions assigned under the Act.
Section 7B - National Tribunals
Section 7B provides for National Industrial Tribunals for disputes involving questions of national importance or disputes likely to interest or affect industrial establishments situated in more than one State.
Section 7C - Disqualifications
Section 7C separately prescribes disqualifications for appointment to, or continuance in, the office of presiding officer of a Labour Court, Tribunal or National Tribunal.
State amendments
The source page contains State-specific amendments. Their operation depends on the State, relevant period and territorial application, and the applicable State legislation should be checked before reliance.
Gujarat
The source records Gujarat amendments modifying qualifications in Section 7(3), including specified judicial posts, shorter qualifying periods for certain clauses and an advocate or attorney qualification based on at least seven years of practice in the specified courts or industrial adjudicatory bodies.
Haryana
The source records Haryana Act 39 of 1976 as modifying the District Judge qualification and adding a route for a Commissioner of a division, Administrative Secretary to Government or Labour Department officer not below the rank of Joint Labour Commissioner with the prescribed period of service.
Madhya Pradesh
The source records Madhya Pradesh Act 43 of 1981 as inserting subsection (1A), assigning Labour Courts additional functions concerning specified offences, and Madhya Pradesh Act 32 of 1998 as modifying the qualification based on service as presiding officer of a Labour Court under the Madhya Pradesh Industrial Relations Act, 1960.
Maharashtra
The source records Maharashtra amendments adding qualification routes based on specified legal practice and specified law-qualified posts in Industrial Courts, Tribunals and the State Labour administration.
Punjab and Uttar Pradesh historical amendments
The source retains historical Punjab and Uttar Pradesh amendments expressly identified as applying prior to the 1964 amendment. They are preserved as historical material rather than presented as the general central qualification rule at the stated cut-off.
West Bengal
The source records West Bengal Act 35 of 1989 as substituting the relevant qualification to cover a person who is, or has been, a District Judge or Additional District Judge.
Official statutory source
The central text may be checked on the India Code Industrial Disputes Act, 1947 and the Ministry of Labour and Employment Industrial Disputes Act, 1947.
This article presents the statutory position within the stated historical cut-off. Check the applicable Central or State legislation, notifications and judicial decisions for the relevant dispute, authority, State and period.