Section 7B of the Industrial Disputes Act 1947 - National Tribunals
Section 7B of the Industrial Disputes Act, 1947 provides for constitution of National Industrial Tribunals by the Central Government to adjudicate industrial disputes involving questions of national importance or disputes likely to interest or affect industrial establishments situated in more than one State.
- Only the Central Government may constitute a National Industrial Tribunal under Section 7B.
- Constitution is by notification in the Official Gazette.
- The dispute must involve a question of national importance or have a multi-State industrial impact of the kind specified in Section 7B(1).
- A National Tribunal consists of one person appointed by the Central Government.
- The presiding officer must be, or have been, a Judge of a High Court.
- The Central Government may appoint two assessors to advise the National Tribunal.
What is a National Tribunal?
Section 2(ll) of the Industrial Disputes Act, 1947 defines a National Tribunal as a National Industrial Tribunal constituted under Section 7B. It is therefore a statutory adjudicatory authority constituted specifically under the Act.
A National Tribunal is distinct from an Industrial Tribunal constituted under Section 7A. Section 7B is directed to disputes of national importance and disputes whose industrial consequences extend, or are likely to extend, across more than one State in the manner specified by the provision.
Section 7B - National Tribunals
Section 7B(1): The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for adjudication of industrial disputes which, in its opinion, involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, the disputes.
Section 7B(2): A National Tribunal consists of one person only, appointed by the Central Government.
Section 7B(3): A person is not qualified for appointment as the presiding officer of a National Tribunal unless the person is, or has been, a Judge of a High Court.
Section 7B(4): The Central Government may, if it thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.
When can a National Industrial Tribunal be constituted?
Section 7B(1) identifies two statutory situations. First, the industrial dispute may involve a question of national importance. Second, the dispute may be of such a nature that industrial establishments situated in more than one State are likely to be interested in or affected by it. The statutory opinion for this purpose is that of the Central Government.
The provision therefore addresses disputes whose importance or likely industrial effect goes beyond an ordinary localised dispute. Constitution of the National Industrial Tribunal must be through an Official Gazette notification.
Composition and presiding officer
Under Section 7B(2), the National Tribunal is a single-member adjudicatory body. The sole member is appointed by the Central Government. Section 7B(3) requires the presiding officer to be, or to have been, a Judge of a High Court.
Section 7C separately contains disqualifications applicable to presiding officers of Labour Courts, Tribunals and National Tribunals. Under the statutory text applicable within the stated cut-off, a person could not be appointed to, or continue in, that office if the person was not independent or had attained the age specified by Section 7C.
Assessors under Section 7B(4)
The Central Government may appoint two assessors to advise the National Tribunal in a proceeding. Their function is advisory. Their appointment does not alter the rule in Section 7B(2) that the National Tribunal itself consists of one person.
Reference of disputes and effect of a National Tribunal reference
Section 10 of the Industrial Disputes Act contains the statutory machinery for reference of industrial disputes for adjudication. Where the statutory conditions for a National Tribunal are satisfied, the Act enables reference to the National Tribunal in accordance with that scheme.
Section 10 also contains provisions addressing the consequences of a dispute being referred to a National Tribunal, including restrictions on referring or continuing proceedings concerning the same matter before a Labour Court or Tribunal as provided by the Act.
Related provisions
Section 7A - Industrial Tribunals
Section 7A authorises the appropriate Government to constitute Industrial Tribunals for disputes relating to matters in the Second Schedule or Third Schedule and for other functions assigned under the Act.
Section 7C - Disqualifications
Section 7C sets out disqualifications concerning the presiding officers of Labour Courts, Industrial Tribunals and National Tribunals.
Section 8 - Filling of vacancies
If a non-temporary vacancy occurs in the office of the presiding officer of a National Tribunal, Section 8 requires the Central Government to appoint another person in accordance with the Act. Proceedings may continue from the stage at which the vacancy is filled.
Official sources
For the authoritative central statutory text, refer to the Industrial Disputes Act, 1947 on India Code. Information concerning Central Government Industrial Tribunal-cum-Labour Courts and National Tribunal functions is also available on the Central Government Industrial Tribunal portal of the Ministry of Labour and Employment.
This article is an informational presentation of the statutory position within the stated historical cut-off. The applicable Act, rules, notifications and judicial decisions should be checked for the relevant dispute and period.