AUTHORITIES UNDER THIS ACT

Tribunals.

§7A

Summary

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]. 3[(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also exercise, on and 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 (19 of 1952).] (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 4[(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; 5***] 6[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department,, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or (c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.] 7* * * * * (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 AMENDMENT Karnataka-- Amendment of section 7A.--In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to as the principal Act), after clause (a), the following clause shall be inserted, namely:-- "(aa) he is, or has been a District Judge, or" [Vide Karnataka Act 6 of 1963, s. 2] Amendment of section 7A.--In clause (aa) of sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), as inserted by the Industrial Disputes (Karnataka Amendment) Act, 1962 (Karnataka Act 6 of 1963), after the words "district Judge" the words "for a period of not less than three years", shall be inserted. [Vide Karnataka Act 35 of 1963, s. 2] Kerala Amendment of Section 7A.--In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) for clause (a), the following clause shall be substituted, namely:-- "(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for appointment as a Judge of a High Court; or ". [Vide Kerala Act 28 of 1961, s. 2] Orissa Amendment of section 7A (Act 14 of 1947).--In sub-section (3) of section 7-A of the Industrial Disputes Act, 1947 (14 of 1947), after clause (a), the following new clause shall be inserted, namely:-- "(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven years." [Vide Orissa Act 6 of 1960, s. 2]

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]. 3[(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also exercise, on and 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 (19 of 1952).] (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 4[(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; 5***] 6[(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department,, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer: Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or (c) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.] 7* * * * * (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 AMENDMENT Karnataka-- Amendment of section 7A.--In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) (hereinafter referred to as the principal Act), after clause (a), the following clause shall be inserted, namely:-- "(aa) he is, or has been a District Judge, or" [Vide Karnataka Act 6 of 1963, s. 2] Amendment of section 7A.--In clause (aa) of sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), as inserted by the Industrial Disputes (Karnataka Amendment) Act, 1962 (Karnataka Act 6 of 1963), after the words "district Judge" the words "for a period of not less than three years", shall be inserted. [Vide Karnataka Act 35 of 1963, s. 2] Kerala Amendment of Section 7A.--In sub-section (3) of section 7A of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) for clause (a), the following clause shall be substituted, namely:-- "(a) he is, or has been, a judicial officer not below the rank of a District Judge, or is qualified for appointment as a Judge of a High Court; or ". [Vide Kerala Act 28 of 1961, s. 2] Orissa Amendment of section 7A (Act 14 of 1947).--In sub-section (3) of section 7-A of the Industrial Disputes Act, 1947 (14 of 1947), after clause (a), the following new clause shall be inserted, namely:-- "(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven years." [Vide Orissa Act 6 of 1960, s. 2]

← Previous Section Next Section →

Explore this Chapter