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Labour Laws

Notes are similar as well as provisions regarding commencement of award and period of operation of
awards. Under the provisions of the Act, Labour Courts and Industrial Tribunals can be constituted
by both Central and State Governments, but the National Tribunals can be constituted by the
Central Government only, for adjudicating disputes which, in its opinion, involve a question of
national importance or of such a nature that industrial establishments situated in more than one
State are likely to be affected by such disputes.

Labour Court

It consists of one person only, who is also called the Presiding Officer, and who is or has been a
judge of a High Court, or he has been a district judge or an additional district judge for a period
not less than three years, or has held any judicial office in India for not less than seven years.
Industrial disputes relating to any matter specified in the Second Schedule of the Act may be
referred for adjudication to the Labour Court. (Section 7).

Industrial Tribunal

This is also one-man body (Presiding Officer). The Third Schedule of the Act mentions matters
of industrial disputes which can be referred to it for adjudication. This Schedule shows that
Industrial Tribunal has wider jurisdiction than the Labour Court. The Government concerned
may appoint two assessors to advise the Presiding Officer in the proceedings. (Section 7A).

National Tribunal
This is the third adjudicatory body to be appointed by the Central Government under the Act for
the reasons already mentioned above. It can deal with any dispute mentioned in Schedule II and
III of the Act or any matter which is not specified therein. This also consists of one person to be
appointed by the Central Government, and he must have been a Judge of a High Court. He may
also be assisted by two assessors appointed by the Government to advise him in adjudicating
disputes.
The presiding officers of the above three adjudicatory bodies must be independent persons and
should not have attained the age of 65 years. Again, these three bodies are not hierarchical. It is
the prerogative of the Government to refer a dispute to these bodies. They are under the control
of the labour department of the respective State Government and the Central Government. The
contending parties cannot refer any dispute for adjudication themselves, and the awards of these
bodies are binding on them. (Section 7B).

Reference of Dispute for Adjudication (Section 10)

If a dispute is not settled by direct negotiation, or conciliation, if the parties do not agree to get it
settled by voluntary arbitration, the Government at its discretion may refer it to Labour Court,
Industrial Tribunal or National Tribunal, depending upon whether the matter of the dispute
appears in the Second or Third Schedule of the Act. However, if the parties to the dispute jointly
or separately apply for a reference to Labour Court or Tribunal, the Government is obliged to
make a reference accordingly if it is satisfied that the persons applying represent the majority of
each party. Disputes which are considered vexatious or frivolous, are not referred to adjudication.
The Government has also the power to refer disputes which have not taken place, but are only
apprehended. After referring the dispute to adjudication the Government can prohibit the
continuance of any strike or lock-out in connection with such dispute which may be in existence
on the date of its reference.
An order referring a dispute to Labour Court or Industrial Tribunal or National Tribunal shall
specify the period within which they shall submit their award on such dispute to the Government
concerned. In case of individual disputes such a period shall not exceed three months. The period

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