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LABOUR COURT


Trade union, industrial, and labor dispute is the subject of Entry 22 of List III, which implies that the state and Union both have the power to enact legislation except certain matters which are reserved for the Centre.

In the Industrial Dispute Act, 1947 ‘Labor Court’ has been sated under clause (kkb) of section 2.


Constitution


Section 7 of the Industrial Dispute Act enunciates the constitution of the Labor Court

Matter mentioned under the second schedule of the Industrial Dispute Act is litigated in Labor Court. An appropriate government constitutes one or more Labor Court by giving notice in the official gazette.


The Appropriate Government must appoint a person for Labor Court. Such person shall not be appointed as a presiding officer unless he is:

  1. He is, he has been the judge of the High Court, or,

  2. He has or is been district judge or additional district judge at least for three years, or,

  3. He should govern as a judicial officer for more than or equivalent of seven years, or,

  4. He has been presiding officer of Labor Court for a period not than five years constituted under the provincial act or state act.

With the power vested by the Labor court by the virtue of sub-section 5 of section 11 provided under the act, may appoint one or more person who possesses some special knowledge under the as assessor or assessors with the motive to provide advise it in the proceeding.


Powers


While trying a suit, Labor Court enjoys the same power that is vested by a civil court under the Civil Procedure Act, 1908

Inquiry or investigation (section 193 and 228 of the Indian Penal Court) held by a Labor Court be reckoned as a judicial proceeding.

Concerning section 345, 346, and 348 of the Code of Criminal Procedure, 1973, Labor Court shall be deemed to be a civil court.

In a dispute regarding discharge or dismissal of workmen to Labor Court, it satisfies that discharge or dismissal was not justifiable, under such circumstance, it can set aside such order under its award and directs for reinstatement of workmen on terms and conditions, or any other such relief including lesser punishment in lieu of discharge or dismissal. Labor Court is bound to rely on materials recorded while deciding the same.


Duty


Labor Court shall adjudicate the matter expeditiously within the prescribed period in the order referring such dispute or where further period extended under section 10(2A).


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