Section 7A of the Industrial Disputes Act 1947 - Industrial Tribunals
Section 7A of the Industrial Disputes Act, 1947 empowered the appropriate Government to constitute one or more Industrial Tribunals for adjudication of industrial disputes concerning matters in the Second Schedule or the Third Schedule and for other functions assigned under the Act.
- The appropriate Government could constitute Industrial Tribunals by notification in the Official Gazette.
- The Tribunal could adjudicate disputes concerning matters in both the Second Schedule and the Third Schedule.
- A Tribunal consisted of one person appointed by the appropriate Government.
- Section 7A prescribed qualifications for appointment as presiding officer.
- The appropriate Government could appoint two assessors to advise the Tribunal.
Meaning and purpose of Section 7A
An Industrial Tribunal under Section 7A was a statutory adjudicatory authority created for industrial disputes requiring determination under the Industrial Disputes Act, 1947. The expression appropriate Government was defined in Section 2(a) of the Act and determined whether the Central Government or the State Government was competent to exercise the relevant statutory power.
The jurisdiction was wider than matters confined to Labour Courts because Section 7A expressly covered matters in both the Second Schedule and the Third Schedule. The Third Schedule included subjects such as wages, allowances, hours of work, leave, bonus, provident fund, gratuity, classification by grades, discipline, rationalisation and retrenchment or closure, subject to the statutory scheme.
Section 7A - Tribunals
Sub-section (1): The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule, and for performing other functions assigned to them under the Act.
Sub-section (1A): The Industrial Tribunal constituted by the Central Government under sub-section (1) also exercises, from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal referred to in Section 7D of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.
Sub-section (2): A Tribunal consists of one person appointed by the appropriate Government.
Sub-section (3): The provision prescribes the statutory qualifications for appointment as the presiding officer of a Tribunal.
Sub-section (4): The appropriate Government may, if it thinks fit, appoint two persons as assessors to advise the Tribunal in proceedings before it.
Qualifications of the presiding officer
Under Section 7A(3), a person could not be appointed as presiding officer unless the person satisfied one of the prescribed qualifications. These included a serving or former Judge of a High Court; a person who had been a District Judge or Additional District Judge for at least three years; specified senior labour-department officers possessing a law degree and the required experience, subject to the statutory resignation condition; or an officer of the Indian Legal Service in Grade III with the prescribed experience.
For an Industrial Tribunal appointed by the Central Government, Section 7D contained a non-obstante provision governing qualifications, appointment, tenure, salary and allowances, resignation, removal and other service conditions after the Tribunals Reforms Act, 2021 through Chapter II of that Act.
Role of assessors under Section 7A(4)
The appropriate Government could appoint two assessors to advise an Industrial Tribunal. Assessors had an advisory role; Section 7A(2) continued to provide that the Tribunal itself consisted of one person.
Second Schedule and Third Schedule jurisdiction
The Second Schedule dealt with matters including interpretation of standing orders, discharge or dismissal of workmen, withdrawal of customary concessions or privileges, legality of strikes or lock-outs and other matters not specified in the Third Schedule.
The Third Schedule dealt with matters including wages, allowances, hours of work and rest intervals, leave with wages and holidays, bonus, profit sharing, provident fund and gratuity, shift working, classification by grades, rules of discipline, rationalisation, retrenchment and closure, and other listed matters.
State amendments to Section 7A
Section 7A was also subject to State amendments. Their operation depended on the State concerned and the applicable amendment legislation. The following material preserves the state-specific information contained in this page while presenting it in a clearer form.
Gujarat
Gujarat amendments expanded the categories of persons eligible for appointment, including specified judicial and labour-law office holders. Gujarat Act 28 of 1977 referred to a Joint Judge or Assistant Judge and to a person who had served for the prescribed period as presiding officer of a Labour Court. Gujarat Act 22 of 1981 added a qualification based on a law degree and service not lower than Assistant Commissioner of Labour for the prescribed period.
Haryana
Haryana Act 39 of 1976 substituted clause (aa) and inserted clause (aaa), covering specified judicial qualifications and certain senior administrative or Labour Department experience.
Karnataka
Karnataka amendments provided for eligibility based on service as a District Judge, including the prescribed minimum period reflected in the State amendment legislation.
Kerala
Kerala Act 28 of 1961 substituted clause (a) so as to include a judicial officer not below the rank of District Judge or a person qualified for appointment as a Judge of a High Court.
Madhya Pradesh
Madhya Pradesh Act 19 of 1988 substituted qualifications in Section 7A(3) and included specified judicial, Board of Revenue, Labour Commissioner and Industrial Court experience.
Maharashtra
Maharashtra amendments expanded the eligible categories through legislation including Maharashtra Act 2 of 1963, Maharashtra Act 56 of 1974 and Maharashtra Act 22 of 1976, covering specified judicial officers, Labour Court presiding officers and labour-department officers with prescribed legal qualifications and service.
Orissa
Orissa Act 6 of 1960 added eligibility for a person who had been a member of the Orissa Superior Judicial Service for the prescribed period.
West Bengal
West Bengal amendments included District Judges and Additional District Judges within the State-specific qualification framework, including amendments under West Bengal Act 17 of 1958 and West Bengal Act 35 of 1989.
Official statutory source
For the authoritative central text and amendment notes, refer to the Industrial Disputes Act, 1947 on India Code. State amendments should also be checked against the legislation and official publications applicable to the relevant State.
This article is an informational presentation of the statutory position within the stated historical cut-off. For a dispute, verify the applicable Central or State law, amendments, notifications and judicial decisions relevant to the facts and period concerned.