Page 197 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes A Board, having the prescribed quorum, may act notwithstanding the absence of the chairman
or any of its members or any vacancy in its number:
Provided that if the appropriate Government notifies the Board that the services of the chairman
or of any other member have ceased to be available, the Board shall not act until a new chairman
or member, as the case may be, has been appointed.

4. Courts of Inquiry

The appropriate Government may as occasion arises by notification in the Official Gazette
constitute a Court of Inquiry for inquiring into any matter appearing to be connected with or
relevant to an industrial dispute. A court may consist of one independent person or of such
number of independent persons as the appropriate Government may think fit and where a court
consists of two or more members, one of them shall be appointed as the chairman. A court,
having the prescribed quorum, may act notwithstanding the absence of the chairman or any of
its members or any vacancy in its number:
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
 he is, or has been, a Judge of a High Court; or
 he has, for a period of not less than three years, been a District Judge or an Additional
District Judge; or
 he has held any judicial office in India for not less than seven years; or

 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.

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