ADJUDICATION BODIES - Industrial Relations Management

The Industrial Disputes Act, 1947 provides for setting up of Labour Courts, Industrial Tribunals and National Tribunals.

Labour Courts and Industrial Tribunals are set up by the Central Government and the State Government or the Administrations of Union Territories for dealing with matters which fall in the Central and the State sphere respectively. It is, however, open to the Central Government to refer a matter in relation to which it is the appropriate Government to a Labour Court or a Industrial Tribunal constituted by the State Govt.

Labour Courts deal with matters pertaining to discharge and dismissal of workmen, application and interpretation of Standing Orders, propriety of orders passed under Standing Orders, legality of strikes of lock outs etc.

Industrial Tribunals deal with collective disputes such as wages, hours of work, leave, retrenchment, and closure as well as all matters which come under the jurisdiction of Labour Courts.
The Central Government may set up a National Tribunal for adjudication of industrial disputes which in its opinion involve questions of national importance or are of such nature that industrial establishments in more than one State are likely to be interested in such disputes.

The Presiding Officer of a Labour Court should at least have held a judicial office for not less than 7 years or been a Presiding Officer of a labour Court under a State Act for not less than 5 years. He may also have higher qualifications such as being a District Judge or an Additional District Judge for three years or a High Court Judge. The Presiding Officer of an Industrial Tribunal should have been at least a District Judge or an Additional District Judge for three years. Alternatively, he should have held the post of a judge in a High Court. No person can be appointed as the presiding Officer of a National Tribunal unless he has held the post of a Judge in a High Court.

BOARD OF ARBITRATION

The Government of India had introduced in 1966 a scheme for Joint Consultative Machinery and compulsory arbitration for resolving differences between the Government as an employer and the General Body of its employees.

  1. The Scheme provide for compulsory arbitration on pay and allowances, weekly hours of work and leave of a class or grade of employees.
  2. Under the Scheme, the Board of Arbitration (JCM) was set up in July 1968. The Board consists of a Chairman and two other members. While the Chairman is a whole time person, the other two members are appointed by the Ministry of Labour at the time of referring the dispute to the Board, out of a panel of members both from the staff side as well as from the official side maintained by it.
  3. The Scheme Covers:
    1. Group ‘D’ and Group ‘C’.
    2. Group ‘B’ officers of the Central Secretariat Services and the other comparable services in the headquarters organization of the Government.
    3. Employees in industrial establishments excluding.
      • those employed in managerial or administrative capacity and
      • those who being employed in supervisory capacity.
    4. The Scheme does not cover employees of the Union Territories and the police.
    5. Till date, 259 cases had been referred to the Board and the Board has disposed or 257 cases.

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