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Labour Laws
Notes 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.
5. Labour Courts: 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. A Labour Court shall consist of one person
only to be appointed by the appropriate Government. A person shall not be qualified for
appointment as the presiding officer of a Labour Court, unless
z he is, or has been, a Judge of a High Court; or
z he has, for a period of not less than three years, been a District Judge or an Additional
District Judge; or
z he has held any judicial office in India for not less than seven years; or
z he has been the presiding officer of a Labour Court constituted under any Provincial
Act or State Act for not less than five years.
6. Tribunals: 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 and
for performing such functions as may be assigned to them under this Act. A Tribunal shall
consist of one person only to be appointed by the appropriate Government. 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
(aa) he has, for a period of not less than three-years, 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.
Did u know? Section 7A empowers the appropriate Government to constitute one or more
Industrial Tribunals for adjudication of the disputes relating to any matter specified in the
Schedules. The Second Schedule enumerated the matters which fall within the jurisdiction
of the Labour Court. The Third Schedule enumerates the matters which fall within the
jurisdiction of the Industrial Tribunal, Jagdish Narain Sharma v. Rajasthan Patrika Ltd,
1994 ILR 265(Raj).
7. National Tribunals: 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. A National Tribunal shall
consist of one person only to be appointed by the Central government. A person shall not
be qualified for appointment as the presiding officer of a National Tribunal unless he is, or
has been, a Judge of a High Court. The Central Government may, if it so thinks fit, appoint
two persons as assessors to advise the National Tribunal in the proceeding before it.
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