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INDUSTRIAL DISPUTES ACT

Ministry of Law and Justice

Act nº 14 of 1947


  • Chapter I
  • Chapter II
  • Chapter IIA. Notice of Change
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VA. Lay-Off and Retrenchment
  • Chapter VB. Special Provisions Relating to Lay-Off, Retrenchment and Closure in Certain Establishments
  • Chapter VC. Unfair Labour Practices
  • Chapter VI
  • Chapter VII
  • Schedules
  • Appendices
  • Amending Acts
  • Act nº 14 of 1947

Preamble

THE INDUSTRIAL DISPUTES ACT, 19471

[Act, No. 14 of 1947]

[17th March, 1947]

PREAMBLE

An Act to make provision for the investigation and settlement of industrial disputes, and for certain other purposes.

WHEREAS it is expedient to make provision for the investigation and settlement of industrial disputes, and for certain other purposes hereinafter appearing:

It is hereby enacted as follows:--

1. For Statement of Objects and Reasons see Gazette of India, 1947, Pt, V, pp. 239-240, for Report of Select Committee, see Gazette of India 1947, Pt. V, pp. 33-35.

This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, section 3 and Schedule, to Pondicherry by Regulation 7 of 1963, section 3 and Schedule I and to Laccadive, Minicoy and Amindivi Islands by Regulation 8 of 1965, section 3 and Schedule.


Chapter I

Section 1. Short titile, extent and commencement

(1) This Act may be called the Industrial Disputes Act, 1947.

1 [(2) It extends to the whole of India.]

2 [***]

(3) It shall come into force on the first day of April, 1947.

1. Substituted by Act 36 of 1956, section 2, for sub-section (2) (w.e.f. 29-8-1956).

2. Proviso omitted by Act 51 of 1970, section 2 and Schedule (w.e.f. 1-9-1971).


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(a) "appropriate Government" means--

(i) in relation to any industrial dispute concerning 1 [* * *] any industry carried on by or under the authority of the Central Government, 2 [* * *] or by a railway company 3 [or concerning any such controlled industry as may be specified in this behalf by the Central Government] 4 [* * *] or in relation to an industrial dispute concerning 5 [6 [7 [8 [a Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or 9 [the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)] or the Employees' State Insurance Corporation established under section 3 of the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under section 5A and section 5B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), 10 [***] or the Life Insurance Corporation of India established under section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or 11 [the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under section 16, of the Food Corporations Act, 1964 (37 of 1964), or 11 [the Airports Authority of India constituted under section 3 of the Airports Authority of India Act, 1994 (55 of 1994)], or a Regional Rural Bank established under section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India Limited], 12 [the National Housing Bank established under section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or 13 [11 [an air transport service, or a banking or an insurance company,] a mine, an oil field,] 14 [a Cantonment Board,] or a major port, the Central Government, and]

(ii) in relation to any other industrial dispute, the State Government;

14 [(aa) "arbitrator" includes an umpire;]

15 [16 [(aaa)] "average pay" means the average of the wages payable to a workman--

(i) in the case of monthly paid workman, in the three complete calendar months,

(ii) in the case of weekly paid workman, in the four complete weeks,

(iii) in the case of daily paid workman, in the twelve full working days,

preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;]

STATE AMENDMENT

17 Rajasthan

In section 2, after clause (aa), now re-lettered as clause (aaa), insert the following clauses, namely,--

"(aaa) 'arbitration proceeding' means--

(i) any proceeding under Chapter IIIA of this Act before an arbitrator, or (ii) any proceeding before an Industrial Tribunal in arbitration;

(aaaa) 'arbitrator' means an arbitrator to whom a dispute is referred for arbitration under the provisions of Chapter IIIA of this Act and includes an umpire."

18 [(b) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;]

STATE AMENDMENT

19 Rajasthan

In section 2, in clause (b), for the words, figures and letter "under section 10A", substitute the words, figures and letter "under Chapter IIIA".

20 [(bb) "banking company" means a banking company as defined in section 5 of the 21 Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes 22 [the Export-Import Bank of India] 23 [the Industrial Reconstruction Bank of India,] 24 [***], 25 [the Small Industries Development Bank of India established under section 3 of the Small Industries Development Bank of India Act, 1989], the Reserve Bank of India, the State Bank of India, 26[a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) 27[a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank], as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);]

(c) "Board" means a Board of Conciliation constituted under this Act;

28 [(cc) "closure" means the permanent closing down of a place of employment or part thereof;]

(d) "conciliation officer" means a conciliation officer appointed under this Act;

(e) "conciliation proceeding" means any proceeding held by a conciliation officer or Board under this Act;

3 [(ee) "controlled industry" means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;]

STATE AMENDMENT

29 Gujarat

In section 2, after clause (ee), insert the following clause, namely:--

"(eee) 'Council' means a Joint Management Council for any industrial establishment constituted under section 3A."

30 [***]

STATE AMENDMENT

31 Rajasthan

In section 2, after clause (eee) (now omitted), insert the following clause, namely:--

"(eee) 'member' means a person who is an ordinary member of a Union and who has paid a subscription of not less than four annas per month:

Provided that no person shall at any time be deemed to be a member if his subscription is in arrears for a period of three months or more next preceding such time."

(f) "Court" means a Court of Inquiry constituted under this Act;

(g) "employer" means--

(i) in relation to any industry carried on by or under the authority of any department of 32 [the Central Government or a State Government,] the authority prescribed in this behalf, or where no authority is prescribed, the head of the department;

(ii) in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;

STATE AMENDMENT

33 Rajasthan

In section 2, in clause (g), in sub-clause (ii), insert the following sub-clause, namely:--

"(iii) where the owner of any industry in the course of or for the purpose of conducting the industry contracts with any person for the execution by or under the contractor of the whole or any part of any work which is ordinarily a part of the industry, the owner of the industry."

34 [(gg) "executive", in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;]

35 [***]

(i) a person shall be deemed to be "independent" for the purpose of his appointment as the Chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute:

36 [Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;]

37[(j) "industry" means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not, -

(i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes -

(a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949);

(b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include

(1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.

Explanation : For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951); or

(2) hospitals or dispensaries; or

(3) educational, scientific, research or training institutions; or

(4) institutions owned or managed by organizations wholly or substantially engaged in any charitable, social or philanthropic service; or

(5) khadi or village industries; or

(6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Government dealing with defence research, atomic energy and space; or

(7) any domestic service; or

(8) any activity, being a profession practised by an individual or body of individuals, if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten; or

(9) any activity, being an activity carried on by a co-operative society or a club or any other like body of individuals, if the number of persons employed by the co-operative society, club or other like body of individuals in relation to such activity is less than ten;]

(k) "industrial dispute" means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons;

STATE AMENDMENT

38 Gujarat

In section 2, in clause (k), at the end, insert the words and letters "but does not include the termination of the service of a workman in accordance with the provisions of Chapter VD."

28 [(ka) "Industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on :

Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then--

(a) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking;

(b) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment, or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;]

39 [(kk) "insurance company" means an insurance company as defined in section 2 of the Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State;]

28 [(kka) "khadi" has the meaning assigned to it in clause (d) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]

40 [(kkb) "Labour Court" means a Labour Court constituted under section 7;]

15 [(kkk) "lay-off (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of sks or the breakdown of machinery 41 [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.

Explanation.-- Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:

Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:

Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;]

STATE AMENDMENTS

42 Maharashtra

In section 2, in clause (kkk) after the words "the breakdown of machinery", insert the following words, namely:--

"or on account of discontinuance or reduction of the supply of power to the industrial establishment for contravention of any provisions of the Bombay Electricity (Special Powers) Act, 1946 or of any directions issued thereunder".

43 West Bengal

In section 2, in clause (kkk), in Explanation, for the words beginning with "Every workman" and ending with "so presenting himself", substituted the following words, namely:--

"No workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and, given employment by the can be laid-off for that day but if any such workman is not given employment by the employer within two hours of his so presenting himself, he".

(l) "lock-out" means the 44 [temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;

14 [(la) "major port" means a major port as defined in clause (8) of section 3 of the Indian Ports Act, 1908 (15 of 1908);

(lb) "mine" means a mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952);]

45 [(ll) "National Tribunal" means a National Industrial Tribunal constituted under section 7B;]

34 [(lll) "office bearer", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;]

(m) "prescribed" means prescribed by rules made under this Act;

(n) "public utility service" means--

(i) any railway service 14 [or any transport service for the carriage of passengers or goods by air];

34 [(ia) any service in, or in connection with the working of, any major port or dock;]

(ii) any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends;

(iii) any postal, telegraph or telephone service;

(iv) any industry which supplies power, light or water to the public;

(v) any system of public conservancy or sanitation;

(vi) any industry specified in the 46 [First Schedule] which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declared to be a public utility service for the purposes of this Act, for such period as may be specified in the notification:

Provided that the period so specified shall not, in the first instance, exceed six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension;

STATE AMENDMENT

47 Andhra Pradesh

In section 2, in clause (n), after sub-clause (v), insert the following sub-clause, namely:--

"(va) any service in hospitals and dispensaries".

(o) "railway company" means a railway company as defined in section 3 of the Indian Railways Act, 1890 (9 of 1890);

15 [(oo) "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

48 [(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]

(c) termination of the service of a workman on the ground of continued ill-health;]

STATE AMENDMENTS

49 Gujarat

In section 2, in clause (oo)--

(i) in sub-clause (c), at the end, insert the word "or";

(ii) after sub-clause (c), insert the following clause, namely:--

"(d) termination of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as such by the Government of India;"

50 Rajasthan

In section 2, after clause (oo), insert the following clause, namely:--

"(ooo) 'Registrar means the person for the time being appointed to be the Registrar of Unions under this Act and includes, in respect of such powers and duties of the Registrar as may be conferred and imposed on him, an Assistant Registrar of Unions;"

(oooo) 'Representative Union' means a Union for the time being registered as a Representative Union under this Act".

51 [(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to 52 [an officer authorised in this behalf by] the appropriate Government and the conciliation officer;]

(q) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or to accept employment;

STATE AMENDMENT

53 Gujarat

In section 2, after clause (q), insert the following clause, namely:--

"(qa) "termination means discontinuation by the employer of the service of a workman in an industrial establishment situate in the Special Economic Zone declared as such by the Government of India for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include-

(a) voluntary retirement of the workman; or

(b) retirement of the workman on reaching the age of superannuation of the contract of employment between the employer and the workman concerned contain a stipulation in that behalf; or

(c) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or

(d) termination of the service of a workman on the ground of continued ill-heath;"

28 [(qq) "trade union" means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);]

54 [(r) "Tribunal" means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;]

28 [(ra) "unfair labour practice" means any of the practices specified in the Fifth Schedule;

(rb) "village industries" has the meaning assigned to it in clause (h) of section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);]

15 [(rr) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes--

(i) such allowances (including dearness allowance) as the workman is for the time being entitled to;

(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles;

(iii) any travelling concession;

28 [(iv) any commission payable on the promotion of sales or business or both;]

but does not include--

(a) any bonus;

(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force;

(c) any gratuity payable on the termination of his service;]

STATE AMENDMENT

55 Rajasthan

In section 2, after clause (rr), insert the following clause, namely:--

"(rrr) 'Union' means a Trade Union of employees registered under the Indian Trade Unions Act, 1926 (Central Act 16 of 1926)".

56 [(s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--

(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950). or the Navy Act, 1957 (62 of 1957); or

(ii) who is employed in the police service or as an officer or other employee of a prison; or

(iii) who is employed mainly in a managerial or administrative capacity; or

(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.]

STATE AMENDMENTS

57 Rajasthan

In section 2, in clause (s), after the words "employed in any industry", insert the words "by an employer or by a contractor in relation to the execution of his contract with such employer".

1. Certain words and figures inserted by Act 10 of 1963, section 47 and Schedule II, Pt. II and omitted by Act 36 of 1964, section 2 ( w.e.f. 19-12-1964).

2. The words "by the Federal Railway Authority" omitted by the A.O. 1948.

3. Inserted by Act 65 of 1951, section 32.

4. The words "operating a Federal Railway" omitted by the A.O. 1950.

5. Inserted by Act 47 of 1961, section 51 and Schedule II, Pt. III ( w.e.f. 1-1-1962).

6. Substituted by Act 36 of 1964, section 2, ( w.e.f. 19-12-1964).

7. Substituted by Act 45 of 1971, section 2 ( w.e.f. 15-12-1971).

8. Substituted by Act 46 of 1982, section 2 ( w.e.f. 21-8-1984).

9. Substituted by Act 24 of 1996, section 2 (w.r.e.f. 11-10-1995).

10. Certain words omitted by Act 24 of 1996, section 2 (w.r.e.f. 11-10-1995).

11. Substituted by Act 24 of 1996, section 2 for certain words (w.r.e.f. 11-10-1995).

12. Inserted by Act 53 of 1987, section 56 and Second Schedule, Pt. II ( w.e.f. 9-7-1988).

13. Substituted by Act 54 of 1949, section 3, for "a mine, oil-field".

14. Inserted by Act 36 of 1964, section 2 ( w.e.f. 19-12-1964).

15. Inserted by Act 43 of 1953, section 2 ( w.e.f. 24-10-1953).

16. Clause (aa) re-lettered as "(aaa)" by Act 36 of 1964, section 2 ( w.e.f. 19-12-1964).

17. Vide Rajasthan Act 34 of 1958, section 3 (w.e.f. 1-7-1960).

18. Substituted by Act 36 of 1956, section 3, for clause (b) ( w.e.f. 10-3-1957).

19. Vide Rajasthan Act 34 of 1958, section 3 (w.e.f. 1-7-1960).

20. Inserted by Act 54 of 1949, section 3 and Substituted by Act 38 of 1959, section 64 and Schedule III, Pt. II.

21. Now "the Banking Regulation Act, 1949".

22. Inserted by Act 28 of 1981, section 40 and Schedule II, Pt. II. ( w.e.f. 1-1-1982).

23. Inserted by Act 62 of 1984, section 71, and Schedule III, Pt. II ( w.e.f. 20-3-1985).

24. The words "the Industrial Development Bank of India", inserted by Act 18 of 1964, section 38 and Schedule II, Pt. II ( w.e.f. 1-7-1964).

25. Inserted by Act 39 of 1989, section 53 and 2nd Schedule.

26. Substituted by Act 5 of 1970, section 20, for "and any subsidiary bank" ( w.e.f. 19-7-1969).

27. Substituted by Act 40 of 1980, section 20, for certain words ( w.e.f. 15-4-1980).

28. Inserted by Act 46 of 1982, section 2 ( w.e.f. 21-8-1984).

29. Vide Gujarat Act 21 of 1972, section 6 (w.e.f. 20-1-1973).

30. Clause (eee) Inserted by Act 43 of 1953, section 2 and omitted by Act 36 of 1964, section 2 ( w.e.f. 19-12-1964).

31. Vide Rajasthan Act 34 of 1958, section 3 (w.e.f. 1-7-1960).

32. Substituted by the A.O. 1948, for "a Government in British India".

33. Vide Rajasthan Act 34 of 1958, section 3 (w.e.f. 1-7-1960).

34. Inserted by Act 45 of 1971, section 2 ( w.e.f. 15-12-1971).

35. Clause (h) omitted by the A.O. 1950.

36. Inserted by Act 18 of 1952, section 2.

37. Substituted by clause (c) of Act 46 of 1982 for the following :

"(j) "industry" means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen;"

38. Vide Gujarat Act 12 of 2004, section 2(1) (w.r.e.f. 10-2-2004).

39. Inserted by Act 54 of 1949, section 3.

40. Clause (kka) Inserted by Act 36 of 1956, section 3 (w.e.f. 10-3-1957) and re-lettered as clause (kkb) by Act 46 of 1982, section 2 ( w.e.f. 21-8-1984).

41. Substituted by Act 46 of 1982, section 2, for "or for any other reasons" ( w.e.f. 21-8-1984).

42. Vide Maharashtra Act 22 of 1981, section 2 (w.e.f. 1-7-1981).

43. Vide West Bengal Act 37 of 1974, section 3 (w.e.f. 26-8-1974).

44. Substituted by act 46 of 1982, section 2, for "closing of a place of a employment" ( w.e.f. 21-8-1984).

45. Inserted by Act 36 of 1956, section 3 (w.e.f. 10-3-1957).

46. Substituted by Act 36 of 1964, section 2, for "Schedule" ( w.e.f. 19-12-1964).

47. Vide Andhra Pradesh Act 22 of 1963, section 2 (w.e.f. 30-10-1963).

48. Inserted by Act 49 of 1984, section 2 ( w.e.f. 18-8-1984).

49. Vide Gujarat Act 12 of 2004, section 2(2) (w.r.e.f. 10-2-2004).

50. Vide Rajasthan Act 24 of 1958, section 3 (w.e.f. 1-7-1960).

51. Substituted by Act 36 of 1956, section 3, for clause (p) ( w.e.f. 7-10-1956).

52. Inserted by Act 35 of 1965, section 2 ( w.e.f. 1-12-1965).

53. Vide Gujarat Act 12 of 2004, section 2 (3) (w.r.e.f. 10-2-2004).

54. Substituted by Act 18 of 1957, section 2, for clause (r) ( w.r.e.f. 10-3-1957).

55. Vide Rajasthan Act 34 of 1958, section 3 (w.e.f. 1-7-1960).

56. Substituted by Act 46 of 1982, section 2, for clause (s) ( w.e.f. 21-8-1984).

57. Vide Rajasthan Act 34 of 1958, section 3 (w.e.f. 1-7-1960).


Section 2A. Dismissal, etc., of an individual workman to be deemed to be an industrial dispute

1 [2A. Dismissal, etc., of an individual workman to be deemed to be an industrial disputeWhere any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.]

STATE AMENDMENTS

2 Andhra Pradesh

Renumber section 2A as sub-section (1) thereof and after sub-section (1) as so renumbered, insert the following sub-section, namely:--

"(2) Notwithstanding anything in section 10, any such workman as is specified in sub-section (1) may, make an application in the prescribed manner direct to the Labour Court for adjudication of the dispute referred to therein; and on receipt of such application, the Labour Court shall have jurisdiction to adjudicate upon any matter in the dispute, as if it were a dispute referred to or pending before it, in accordance with the provisions of this Act; and accordingly all the provisions of this Act, shall apply in relation to such dispute as they apply in relation to any other industrial dispute."

3 Tamil Nadu

Remember section 2A as sub-section (1) thereof and after sub-section (10 as so renumbered, insert the following sub-section, namely:--

(2) Where no settlement it arrived at in the course of any conciliation proceeding taken under this Act in regard to an industrial dispute referred to in sub-section (1), the aggrieved individual workman may apply, in the prescribed manner to the Lavour Court for adjudication of such dispute and the Labour Court shall proceed to adjudicate such dispute has been referred to it for adjudication and accordingly all the provisions of this Act relating to adjudicaction of industrial disputes by the Labour Court shall apply to such adjudication."

4 West Bengal

In section 2A,--

(a) after the words "dismisses, retrenches", insert the words "refuses employment";

(b) after the words "dismissal, retrenchment", insert the words "refusal of employment".

1. Inserted by Act 35 of 1965, section 3 (w.e.f. 1-12-1965).

2. Vide Andhra Pradesh Act 32 of 1987, section 2 (w.e.f. 27-7-1987).

3. Vide Tamil Nadu Act 5 of 1988, section 2 (w.e.f. 1-11-1988).

4. Vide West Bengal Act 53 of 1989, section 3 (w.e.f. 8-12-1989).


Chapter II

Section 3. Works Committee

(1) In the case of any industrial establishment in which one hundred or more workmen are employed or have been employed on any day in the preceding twelve months, the appropriate Government may by general or special order require the employer to constitute in the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so however that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act, 1926 (16 of 1926).

(2) It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employer and workmen and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters.

STATE AMENDMENTS

1Gujarat

After section 3, insert the following sections, namely:--

"3A. Joint Management Council.--(1) If in respect of any industry, in relation to the industrial dispute in which the appropriate Government is the State Government, the State Government is of opinion that it is desirable in public interest to take action under this section, it may, in the case of all industrial establishments or any class of industrial establishments in such industry, in which five hundred or more workmen are employed or have been employed on any day in the preceding twelve months, by general or special order, require the employer to constitute in the prescribed manner and within the prescribed time limit a Joint Management Council consisting of such number of members as may be prescribed, comprised of representatives of employsers and workmen engaged in the establishment, so however that the number of representatives of workmen on the Council shall not be less than the number of representatives of the employers. The representatives of the workmen on the Council shall be elected in the prescribed manner by the workmen engaged in the establishment from amongst themselves:

Provided that a list of industries in respect of which no order is issued under this sub-section shall be laid by the State Government before the State Legislature within thirty days from the commencement of its first Session of each year.

(2) One of the members of the Council shall be appointed as Chairman in accordance with rules made in this behalf.

3B. Functions of the Council.--(1) The Council shall be charged with the general duty to promote and assist in the management of the industrial establishment in a more efficient, orderly and economical manner, and for that purpose and without prejudice to the generality of the foregoing provision, it shall be the duty of the Council--

(a) to promote cordial relations between the employer and employees;

(b) to build up understanding and trust between them;

(c) to promote measures which lead to substantial increase in productivity;

(d) to secure better administration of welfare measures and adequate safety measures;

(e) to train the employees in understanding the responsibilities of management of the understaking and in sharing such responsibilities to the extent considered feasible; and

(f) to do such other things as may be prescribed.

(2) The Council shall be consulted by the employer on all matters relating to the management of the industrial establishment specified in sub-section (1) and it shall be the duty of the Council to advsie the employer on any matter so referred to it.

(3) The Council shall be entrusted by the employer with such administrative functions appearing to be connected with, or relevant to, the discharge by the Council of its duties under this section as may be prescribed.

(4) It shall be the duty of the employer to furnish to the Council necesary information relating to such matters as may be prescribed for the purpose of enabling it to discharge its duties under this Act.

(5) The Council shall follow such procedure in the discharge of its duties as may be prescribed."

2Maharashtra

In section 3, in sub-section (1), insert the following proviso, namely:--

"Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then the recognised union shall appoint its nominees to represent the workmen who are engaged in such undertaking.

Explanation.--In the proviso to sub-section (1), the expression 'undertaking' includes an establishment."

3Rajsthan

After section 3, insert the following section, namely:--

"3A. Registrar and Assistant Registrar.--(1) The State Government shall, by notification in the Official Gazette, appoint a person to be the Registrar of Unions for the purpose of this Act for the whole of the State.

(2) The State Government may, by similar notification, appoint a person to be the Assistant Registrar of Unions for any local area and may, by general or special order, confer on such person all or any of the powers of the Registrar of Unions under this Act."

1. Vide Gujarat Act 21 of 1972, sec. 7 (w.e.f. 20-1-1973).

2. Vide Maharashtra Act 1 of 1972, sec. 20 and Schedule I (w.e.f. 8-9-1975).

3. Vide Rajasthan Act 34 of 1958, sec. 4 (w.e.f. 1-7-1960).


Section 4. Conciliation officers

(1) The appropriate Government may, by notification in the Official Gazette, appoint such number of persons as it thinks fit, to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.

(2) A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

Section 5. Boards of Conciliation

(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Board of Conciliation for promoting the settlement of an industrial dispute.

(2) A Board shall consist of a chairman and two or four other members, as the appropriate Government thinks fit.

(3) The chairman shall be an independent person and the other members shall be persons appointed in equal numbers to represent the parties to the dispute and any person appointed to represent a party shall be appointed on the recommendation of that party:

Provided that, if any party fails to make a recommendation as aforesaid within the prescribed time, the appropriate Government shall appoint such persons as it thinks fit to represent that party.

(4) A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number:

Provided that if the appropriate Government notifies the Board that the services of the chairman or of any other member have ceased to be available, the Board shall not act until a new chairman or member, as the case may be, has been appointed.

Section 6. Courts of Inquiry

(1) The appropriate Government may as occasion arises by notification in the Official Gazette constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or relevant to an industrial dispute.

(2) A court may consist of one independent person or of such number of independent persons as the appropriate Government may think fit and where a court consists of two or more members, one of them shall be appointed as the chairman.

(3) A court, having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number:

Provided that, if the appropriate Government notifies the court that the services of the chairman have ceased to be available, the court shall not act until a new chairman has been appointed.

Section 7. Labour Courts

1 [7. Labour Courts

(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.

(2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.

(3) A person shall not be qualified for appointment as the presiding officer of a Labour Court, unless--

2 [(a) he is, or has been, a Judge of a High Court; or

(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or

3 [***]]

4 [(d)] he has held any judicial office in India for not less than seven years; or

4 [(e)] he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.]

STATE AMENDMENTS

5 Andaman and Nicobar Islands

In section 7, in sub-section (3), in clause (a) [now re-lettered as clause (d)], for the words "seven years", substitute the words "three years".

6 Goa

In section 7, in sub-section (3), after clause (d), insert the following clauses, namely:--

"(d1) he has practised as an advocate or attorney for not less than seven years in a High Court or in two or more such Courts in succession, or any Court subordinate thereto, or any Industrial Court or Tribunal or Labour Court constituted under any law for the time being in force; or

(d2) he holds a degree in law of a university established by law in any part of India or an equivalent degree and is holding or has held an office not lower in rank than that of Deputy Registrar of any Industrail Court or Tribunal or Labour Court constituted under any law for the time being in force for not less than five years; or

(d3) he holds a decree in law of a university established by law in any part of India or an equivalent degree and is holding or has held an office not lower in rank than that of Deputy Commissioner of Labour under a State Government or a Union territory administration for not less than five years; or".

7 Gujarat

In section 7, in sub-section (3),--

(i) in clause (b), after the words "Additional District Judge", insert the words "or a Joint Judge or an Assistant Judge"; (ii) in clause (d), for the words "seven years" substitute the words "five years";

(iii) in clause (e), for the words "five years" substitute the words "three years" and at the end of the clause, insert the word "or"; (iv) after clause (e), insert the following clause, namely:--

"(f) he has practised as an advocate or attorney for not less than seven years in a High Court or any Court subordinate thereto or in any Industrial Court or Industrial Tribunal or Labour Court constituted under any law for the time being in force."

8 Haryana

In section 7, in sub-section (3),--

(i) for clause (b), substitute the following clause, namely:--

"(b) he is qualified for appointment as is or has been, a District Judge or an Additional District Judge or; and"

(ii) after clause (c), insert the following clause, namely:--

"(cc) he has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or".

9 Maharashtra

In section 7, in sub-section (3), after clause (d) insert the following clauses, namely:--

"(dl) he has practised as an advocate or attorney for not less than seven years in the High Court, or any court subordinate thereto, or any Industrial Court or Tribunal or Labour Court, constituted under any law for the time being in force; or

(d2) he holds a decree in law of a university established by law in any part of India and is holding or has held an office not lower in rank than of Deputy Registrar of any such Industrial Court or Tribunal for not less than five years; or". [Vide Maharashtra Act 56 of 1974, sec. 2.] After clause (d2), insert the following clause, namely:--

"(d3) he holds a degree in law of a university established by law in any part of India and is holding or has held an office not lower than that of Assistant Commissioner of Labour under the State Government for not less than five years; or".

10 [Madhya Pradesh

In section 7, after sub-section (1), insert the following subs-section, namely:--

"(1A) In addition to the functions specified in sub-section (1), the Labour Court shall try offences punishable under this Act and the Acts specified in Part Bof the Second Schedule."

11 In section 7, sub-section (1A), as inserted by Madhya Pradesh Act 43 of 1981, sec. 3 (quoted above), has been omitted.

12 Punjab, Haryana, Chandigarh.

In section 7, in sub-section (3), in clause (b), at the end, insert the word "or" and the following clauses, namely:--

"(c) he is or has been a District Judge; or

(d) he has held the office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950, or of any Tribunal for a period not less than two years."

13 Uttar Pradesh.

In section 7, after sub-section (3), insert the following sub-section, namely:--

"(3A) In relation to industrial dispute other than that referred to in sub-clause (i) of clause (a) of section 2 or in section 4 of the Industrial Disputes (Banking and Insurance Companies) Act, 1949, the provisions of sub-section (3) shall have effect as if--

(a) after clause (c) the following new clauses (d) and (e) had been added:--

"(d) is or has been a Magistrate of the first class for a period exceeding two years;

(e) is a person possessing more than two years' practical experience of adjudicating or settling industrial disputes";

(b) in the proviso after the words "clause (b)" the words "or clause (d) or clause (e)" had been added".

14 West Bengal

In section 7, in sub-section (3), for clause (b) substitute the following clause, namely:--

"(b) he is, or has been, a District Judge or an Additional District Judge; or".

1. Substituted by Act 36 of 1956, section 4, for section 7 (w.e.f. 10-3-1957).

2. Inserted by Act 36 of 1964, section 3 (w.e.f. 19-12-1964).

3. Clause (c) omitted by Act 46 of 1982, section 3 (w.e.f. 21-8-1984).

4. Clauses (a) and (b) relettered as clauses (d) and (e) respectively by Act 36 of 1964, section 3 (w.e.f. 19-12-1964).

5. Vide Regulation 6 of 1964, section 2 (w.e.f. 29-4-1964).

6. Vide Goa Act 5 of 1987, section 2 (w.e.f. 21-10-1987).

7. Vide Gujarat Act 28 of 1977, section 2.

8. Vide Haryana Act 39 of 1976, section 2 (w.e.f. 12-8-1976).

9. Vide Maharashtra Act 22 of 1976, section 2 (w.e.f. 27-5-1976).

10. Vide Madhya Pradesh Act 43 of 1981, section 3 (w.e.f. 26-1-1982).

11. Vide Madhya Pradesh Labour Laws (Amendment) and Miscellaneous Provisions Act, 2003 (28 of 2003).

12. Vide Punjab Act 8 of 1957, section 2 (w.e.f. 3-6-1957); Act 31 of 1966 (w.e.f. 1-11-1966).

13. Vide Uttar Pradesh Act 25 of 1951, section 2 (w.r.e.f. 26-6-1951).

14. Vide West Bengal Act 35 of 1989, section 3 (w.e.f. 22-1-1989).


Section 7A. Tribunals

1 [7A. Tribunals

(1) The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule 2 [and for performing such other functions as may be assigned to them under this Act].

(2) A Tribunal shall consist of one person only to be appointed by the appropriate Government.

(3) A person shall not be qualified for appointment as the presiding officer of a Tribunal unless--

(a) he is, or has been, a Judge of a High Court; or

3 [(aa) he has, for a period of not less than three-years, been a District Judge or an Additional District Judge; 4 [***]

5 [***]

(4) The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.]

STATE AMENDMENTS

6 Assam

In section 7A, in sub-section (3), after clause (a) insert the following clause, namely:--

"(aa) he has worked as a District Judge or as an Additional District Judge or as both for a total period of not less than three years or is qualified for appointment as a Judge of a High Court:

Provided that the appointment to a Tribunal of any person qualified under this clause shall not be made without consultation with the Assam High Court; or".

7 Bihar

In section 7 A, in sub-section (3), after clause (a) insert the following clause, namely:--

"(aa) he has worked as a District Judge or as an Additional District Judge or as both for a total period of not less than three years:

Provided that the appointment to a Tribunal of any person qualified under this clause shall be made in consultation with the High Court of the State in which the Tribunal has or is intended to have, its usual place of sitting; or".

8 Goa

In section 7A, in sub-section (3), for clause (aa), substitute the following clauses, namely:--

"(b) he is, or has been, a District Judge; or

(c) he has, for a period of not less than three years, been an Additional District Judge or an Assistant Judge; or

(d) he is qualified for appointment as a Judge of the High Court".

9 [10 Gujarat

In section 7A, in sub-section (3),--

(i) in clause (aa), after the words "an Additional District Judge" insert the words "ora Joint Judge or an Assistant Judge";

(ii) in clause (b), clause (b) has been omitted by Act 46 of 1982 (w.e.f. 21-8-1984), insert the word "or" at the end;

(iii) after clause (b), insert the following clause, namely:--

"(c) he has for not less than five years been the presiding officer of a Labour Court constituted under any law for the time being in force".

In section 7A, in sub-section (3), after clause (c) insert the following clause, namely:--"

"(d) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years".]

11 Haryana

In section 7A, in sub-section (3),--

(i) for clause (aa), substitute the following clause, namely:--

"(aa) he is qualified for appointment as, is or has been, a District Judge or an Additional District Judge; or"; and

(ii) after clause (aa), insert the following clause, namely:--

"(aaa) he has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or".

12 Kerala

In section 7A, in sub-section (3), for clause (a) substitute the following clause, namely:--

"(a) he is, or has been, a judicial officer not below the rank of a District Judge, or isqualified for appointment as a Judge of a High Court; or".

13 Madhya Pradesh

In section 7A, for sub-section (3), substitute the following sub-section, namely:--

"(3) A person shall not be qualified for appointment as the Presiding Officer of a Tribunal unless--

(a) he is, or has been, a Judge of a High Court; or

(b) he is eligible for being appointed a Judge of a High Court; or

(c) he has worked as President of the Board of Revenue; or

(d) he has worked as a member of the Board of Revenue for a period of not less than three years; or

(e) he has worked as Commissioner of Labour for a period of not less than three years; or

(f) he has worked as a member of the Industrial Court constituted under section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960), for a period of not less than five years."

14 Maharashtra

In section 7A, in sub-section (3), in clause (a), after the words "Judge of a High Court", insert the words "or a District Judge or a person qualified for appointment as a Judge of a High Court".

In section 7A, in sub-section (3), in clause (aa), for the words "an Additional District Judge", substitute the words "an Additional District Judge or an Assistant Judge or". After clause (b), insert the following clause, namely:--

15 "(c) he has for not less than five years been a presiding officer of a Labour Court, constituted under any law for the time being in force."

After clause (c) insert the following clause, namely:--

16 "(d) he holds degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than ten years."

17 [18 Mysore (Karnataka).

(1) In section 7A, in sub-section (3), after clause (a), insert the following clause, namely:--

"(aa) he is, or has been, a District Judge, or".

(2) In clause (aa) as inserted by Mysore Act 6 of 1963, after the words "District Judge", insert the words "for a period of not less than three years."]

19 Orissa

In section 7A, in sub-section (3), after clause (a), insert the following clause, namely:--

"(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven years."

20 [21 West Bengal.

In section 7A, in sub-section (3), in clause (a), after the words "High Court", insert the words "or a District Judge or an Additional District Judge".

In section 7A, in sub-section (3), for clause (aa), substitued the following clause, namely:--

"(aa) he is, or has been, a District Judge or an Additional District Judge; or".]

1. Inserted by Act 36 of 1956, section 4 (w.e.f. 10-3-1957).

2. Inserted by Act 46 of 1982, section 4 (w.e.f. 21-8-1984).

3. Inserted by Act 36 of 1964, section 4 (w.e.f. 19-12-1964).

4. The word "or" omitted by Act 46 of 1982, section 4 (w.e.f. 21-8-1984).

5. Clause (b) omitted by Act 46 of 1982, section 4 (w.e.f. 21-8-1984).

6. Vide Assam Act 8 of 1962, section 2 (w.e.f. 30-4-1962).

7. Vide Bihar Act 20 of 1959, section 2 (w.e.f. 7-7-1959).

8. Vide Goa Act 5 of 1987, section 3 (w.e.f. 21-10-1987).

9. Vide Gujarat Act 28 of 1977, section 3.

10. Vide Gujarat Act 22 of 1981, section 5 (w.e.f. 1-8-1981).

11. Vide Haryana Act 39 of 1976, section 3 (w.e.f. 12-8-1976).

12. Vide Kerala Act 28 of 1961, section 2 (w.e.f. 27-7-1961).

13. Vide Madhya Pradesh Act 19 of 1988, section 3 (w.e.f. 15-1-1989).

14. Vide Maharashtra Act 2 of 1963, section 2 (w.e.f. 4-1-1963).

15. Vide Maharashtra Act 56 of 1974, section 3.

16. Vide Maharashtra Act 22 of 1976, section 3.

17. Vide Mysore Act 6 of 1963, section 2 (w.e.f. 31-1-1963).

18. Vide Mysore Act 25 of 1963, section 2 (w.e.f. 12-12-1963).

19. Vide Orissa Act 6 of 1960, section 2 (w.e.f. 17-3-1960).

20. Vide West Bengal Act 17 of 1958, section 3 (w.e.f. 22-9-1958).

21. Vide West Bengal Act 35 of 1989, section 4.


Section 7B. National Tribunals

1 [7B. National Tribunals

(1) The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, 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, such disputes.

(2) A National Tribunal shall consist of one person only to be appointed by the Central Government.

(3) A person shall not be qualified for appointment as the presiding officer of a National Tribunal 2 [unless he is, or has been, a judge of a High Court].

(4) The Central Government may, if it so thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceeding before it.]

1. Inserted by Act 36 of 1956, section 4 (w.e.f. 10-3-1957).


Section 7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals

1 [7C. Disqualifications for the presiding officers of Labour Courts, Tribunals and National Tribunals

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 rot an independent person; or

(b) he has attained the age of sixty-five years.]

STATE AMENDMENTS

2 Assam

In section 7C, in clause (b), insert the following proviso, namely:--

"Provided that where such Presiding Officer of a Tribunal appointed by the State Government attains the age of sixty-five years before the 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."

3 Gujarat.

After section 7C, insert the following section, namely:--

"7D. 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 an 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."

4 Punjab, Haryana, Chandigarh.

In section 7C, for clause (b), substitute the following clause, namely:--

"(b) he has attained the age of sixty-seven years".

5 West Bengal.

In section 7C, in clause (b), insert the following proviso, 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."

1. Inserted by Act 36 of 1956, sec 4 (w.e.f. 10.3.1957).

2. Vide Assam Act 3 of 1962, section 3 (w.e.f. 30-4-1962).

3. Vide Gujarat Act 22 of 1962, section 2 (w.e.f. 9-8-1962).

4. Vide Punjab Act 8 of 1957, section 3 (w.e.f. 3-6-1957); and the Central Act 31 of 1986.

5. Vide West Bengal Act 11 of 1959, section 3 (w.e.f. 27-10-1959).


Section 8. Filling of vacancies

1 [8. Filling of 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 any other member of a Board or court, then, in the case of a National Tribunal, me Central Government and in any other case, the appropriate Government, shall appoint another person in accordance with the provisions of this Act to fill the vacancy, and the proceeding may be continued before the Labour Court, Tribunal. National Tribunal, Board or Court, as the case may be, from the stage at which the vacancy is filled.

1. Substituted by Act 36 of 1956, section 5, for section 8 (w.e.f. 10-3-1957).