Industrial Tribunal [Sec 7 A]

Appointment and Constitution :

 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 specified in the Second orThird Schedule (reproduçed below) and for performing such other functions as may be assigned under this 

Act [Sec.7-(A)(1) ) 

(This tribunal shall be constituted only for a limited period specified in the reference 

Sec. 10(2A) lays down that an order referring an industrial dispute under

Sec. 10(1) shall specify the period within which industrial tribunal shall submit its award to the appropriate governmentyf the tribunal fails to dispose of the matter referred to it before the expiry of the specified period, the government may constitute a new tribunal and refer it to the pending dispute. The new tribunal has the discretion either to continue with the proceedings. Where it was left off or to hear the whole dispute afresh

 [Minerva Mills Ltd. Bangalore vs. Their Workers A.LR.(1953) S.C. 505).

 Third Schedule [Sec.7(A)])

 Tt matters within the jurisdiction of industrial tribunal:

 (a) Wages, including the period and made of payment

 (b) Compensatory and other allowances. 

(c) Hours of work and rest intervals/

 

(d) Leave with wages and other holidays. 

(e) Bonus, profit sharing, provident fund and gratuity.

 () Shift working otherwise than in accordance with standing orders. 

(2) Classification by grades. 

(h) Rules of discipline 

(1) Rationalisation ) Retrenchment of workmen and closure of establishment 

(k) Any other matter that may be prescribed. 

VPresiding Officer (Sec.7(A)(2)]: 

The industrial tribunal (hereinafter referred to as tribunal) (shall consist of one person only to be appointed by the appropriate government.

 Such person is known as 'Presiding Officer) Qualification of Presiding Officer [Sec.7(A)(3)] : 

A person (presiding officer) shall not be qualified for appointment as presiding officer of a tribunal unless: 

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

(b) he has, for a period of not less than three ycars been a district judge or an additional district judge.

The appropriate government may, if it so thinks, fit, appoint two persons as assessors to advise the tribunal in the proceeding before it. 

Functions ofan Industrial Court [Sec.10(1)]:

 Functions ofan industrial court are as follows: 

(a) The industrial court shall adjudicate the industrial dispute as referred to it by the appropriate government, if it, of the opinion that any industrial dispute exists or is apprehended. Any other matter appearing to be connected with or relevant to the dispute shall also be referred to the industrial court. (The order referring the dispute shall be in writing and shall relate to any matter specified either in the Second Schedule or Third Schedule, 

b) Application of Parties [Sec.10(2)]: 

Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a tribunal, the appropriate government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly, for adjudication.)

The appropriate government may, if it so thinks, fit, appoint two persons as assessors to advise the tribunal in the proceeding before it. 

Functions ofan Industrial Court [Sec.10(1)]: 

Functions ofan industrial court are as follows:

 (a) The industrial court shall adjudicate the industrial dispute as referred to it by the appropriate government, if it, of the opinion that any industrial dispute exists or is apprehended. Any other matter appearing to be connected with or relevant to the dispute shall also be referred to the industrial court. (The order referring the dispute shall be in writing and shall relate to any matter specified either in the Second Schedule or Third Schedul

, b) Application of Parties [Sec.10(2)]: 

Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for a reference of the dispute to a tribunal, the appropriate government, if satisfied that the persons applying represent the majority of each party, shall make the reference accordingly, for adjudication.)

 (c) Any other Matter: 

The tribunal shall perform such other functions as may be assigned to it under this Act, (The industrial tribunal shall decide only those points which have been specifically referred to it and to matteridentical thereto and the tribunal cannot go beyond the terms of reference 

[Sec.10(4)1)

 VProhibition of Strike and Lock-out 

[Sec.10(3)] :

 Where an industrial dispute has been referred to a tribunal, the appropriate government, may by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.

 The tribunal shall perform such other functions as may be assigned to it under this Act, (The industrial tribunal shall decide only those points which have been specifically referred to it and to matteridentical thereto and the tribunal cannot go beyond the terms of reference 

[Sec.10(4)1) VProhibition of Strike and 

Lock-out [Sec.10(3)] : 

Where an industrial dispute has been referred to a tribunal, the appropriate government, may by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference.

3. National Tribunal [Sec.7(B)]| Constitution (The central government is empowered by

 Sec. 7(B) 

of the Act to constitute one or more national industrial tribunal (hereinafter may be known as national tribunal), by notification in the official gazette for the adjudication of industrial disputes which in the opinion of the central government involve question 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 dispute

 [Sec.7(B)(1)l, 

A national court shall consist of only one person only to be appointed by the central government (such person in known as presiding officer). The central government may, if it so thinks fit, appoint two persons as assessors to advise the national tribunal in the proceeding before it 

[Sec.7(B)(2) and (4)]. 

Qualification of the Presiding Officer 

[Sec.7(B)(3)] : 

The presiding officer of a national tribunal shall not be qualified for appointment unless he is, or has been a judge of a High Court. 

VJurisdiction or Functions of the National Tribunal : 

The national tribunal shall perform the following function: 

(a) Where the central government is of the opinion that any industrial dispute exists or is apprehend and the dispute involve,

 (i) any question of national importance, or (ii) is of such a nature that industrial establishments situated in more than no strike shall be interested in or affected by, such dispute, shall be referred to the national tribunal for adjudication. In such, a case, the central government may, at any time, by order in writing, whether or not, it is appropriate government in relation to that dispute, may refer the dispute of any matter appearing to be connected with or relevant to, the dispute, whether it relates to any matter specified in Second or Third Schedule to a national tribunal for adjudication [Sec.10(1A)].

 (b) Reference on Application [Sec.10(2)]: 

Where the parties to an industrial dispute apply in the prescribed manner, whether jointly or separately, for the reference of the dispute to the national court, and if the appropriate government is satisfied that the persons applying represent the majority of each party, shall make the reference accordingly.

Where any dispute has been referred to an national tribunal, the appropriate government may be order to prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of reference 

[Sec. 10 (3)].

 Where in an order firing the dispute to a national tribunal or in a subsequent order, the appropriate government has specified the points of dispute for adjudication, the national tribunal shall confine its adjudication only to those points and matters incidental thereto (Sec.10(4)]. 

No Jurisdiction of Labour Court and Industrial Court [Sec.10(6)]

 {where any reference has been made to the national tribunal, the labour court or the industrial tribunal shall have no jurisdiction to adjudicate upon such matters which are under adjudication before the national court. If any matter which has been referred to the national court for adjudication, is pending in a proceed before a labour court or tribunal, as the case may be, Insofar as it relates to such matter shall be deemed to have been quashed on such reference to the national tribunal, Further, if any matter which is under adjudication before the national tribunal, it shall not be lawful for the appropriate government to refer such matter to the labour court or tribunal for adjudication the pendency of the proceeding before the national tribunal. 

Inclusion of other Parties [Sec.10(5)] :

Where a dispute concerning any establishment or establishments has been or is to be referred to a labour court, industrial tribunal or national tribunal and the appropriate government is of the opinion whether an application made to it or otherwise that the dispute is of such a nature that any other establishment, group or class of establishments of a similar nature is likely to be interested in, or affected by, such dispute. The appropriate government, at the time of making such reference or at any time thereafter but before the submission of the award Include in that reference such establishment or establishments or group or class of establishments whether or not at the time of such inclusion any dispute exists or is apprehended in that establishment, group or class of establishments. 

Mapse on Death of a Party [Sec.10(8)]:

 An proceeding pending before a labour court, tribunal or national tribunal in relation to an industrial dispute shall not lapse merely by reason of the death of any of the parties to the dispute being a workman and such labour court, tribunal or national court shall complete such proceedings and submit its award to the appropriate government.