Section 8 of the Industrial Disputes Act 1947 - Filling of Vacancies
Section 8 of the Industrial Disputes Act, 1947 provides the statutory mechanism for filling a vacancy, other than a temporary absence, in specified authorities under the Act and permits the pending proceeding to continue from the stage at which the vacancy is filled.
- Section 8 applies when a vacancy occurs for any reason other than a temporary absence.
- It covers the presiding officer of a Labour Court, Tribunal or National Tribunal.
- It also covers the Chairman or any other member of a Board or Court.
- For a National Tribunal vacancy, the Central Government appoints the replacement.
- In other cases, the appropriate Government appoints the replacement in accordance with the Act.
- The proceeding may continue from the stage at which the vacancy is filled.
Section 8 - Statutory rule on filling vacancies
If, for any reason, a vacancy other than a temporary absence occurs in the office of the presiding officer of a Labour Court, Tribunal or National Tribunal, or in the office of the Chairman or another member of a Board or Court, the competent Government must appoint another person in accordance with the Industrial Disputes Act to fill that vacancy.
For a National Tribunal, the appointment is made by the Central Government. In any other case, it is made by the appropriate Government. The proceeding may then continue before the relevant authority from the stage at which the vacancy is filled.
What is a vacancy under Section 8?
Section 8 is triggered by a vacancy in one of the offices expressly mentioned in the provision. The section excludes a temporary absence. It therefore deals with filling an actual vacancy rather than merely making an arrangement for a presiding officer or member who is temporarily unavailable.
Authorities covered by Section 8
The provision expressly covers the office of the presiding officer of a Labour Court, Industrial Tribunal or National Tribunal, as well as the office of the Chairman or any other member of a Board or Court. These authorities form part of the machinery established under Chapter II of the Industrial Disputes Act.
Who appoints the replacement?
Vacancy in a National Tribunal
Where the vacancy is in the office of the presiding officer of a National Tribunal, Section 8 assigns the appointment to the Central Government. This is consistent with Section 7B, under which National Tribunals are constituted by the Central Government.
Vacancies in other authorities
For the other authorities covered by Section 8, the replacement is appointed by the appropriate Government. Section 2(a) of the Industrial Disputes Act defines the expression "appropriate Government" and determines whether the Central Government or the State Government is the competent Government in the circumstances specified by that definition.
Replacement must comply with the Act
Section 8 requires the replacement to be appointed in accordance with the provisions of the Act. Accordingly, the relevant statutory provisions governing constitution, qualification and disqualification remain important. For example, Sections 7, 7A and 7B govern Labour Courts, Tribunals and National Tribunals, while Section 7C prescribes disqualifications for their presiding officers.
What happens to a pending proceeding?
A significant feature of Section 8 is continuity. After the vacancy is filled, the proceeding may be continued from the stage at which the vacancy is filled. The statutory scheme therefore does not require a proceeding to start afresh merely because a vacancy covered by Section 8 has occurred and subsequently been filled.
Related provisions
Section 5 - Boards of Conciliation
Section 5 authorizes the appropriate Government to constitute a Board of Conciliation for promoting settlement of an industrial dispute. Section 8 applies to a vacancy in the office of the Chairman or any other member of such a Board.
Section 6 - Courts of Inquiry
Section 6 permits constitution of a Court of Inquiry for inquiring into a matter appearing to be connected with or relevant to an industrial dispute. Section 8 also addresses vacancies in the office of the Chairman or another member of a Court.
Section 7 - Labour Courts
Section 7 provides for constitution of Labour Courts for adjudication of industrial disputes relating to matters specified in the Second Schedule and for other functions assigned under the Act.
Section 7A - Tribunals
Section 7A provides for constitution of Industrial Tribunals for adjudication of industrial disputes relating to matters in the Second Schedule or Third Schedule and for other functions assigned under the Act.
Section 7B - National Tribunals
Section 7B empowers the Central Government to constitute National Industrial Tribunals for disputes involving questions of national importance or disputes of a nature likely to interest or affect industrial establishments situated in more than one State.
Section 9 - Finality of orders constituting Boards and other authorities
Section 9 contains provisions concerning finality of specified appointment orders and the effect of vacancies or defects in the constitution of a Board or Court. It should be read with Section 8 when considering the statutory treatment of vacancies.
Legislative history
The present form of Section 8 was substituted by the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 with effect from 10 March 1957. The central text applicable before 1 July 2024 retained the vacancy-filling and continuation mechanism described above.
Official sources
For the authoritative statutory text, refer to the Industrial Disputes Act, 1947 on India Code. Labour-law information and official materials are also available from the Ministry of Labour and Employment.
This article presents the statutory position within the stated historical cut-off. Check the applicable Central or State legislation, amendments, notifications and judicial decisions for the relevant authority, State and period.