LABOUR COURTS - under labour law - section 7

Labour court

1. LABOUR COURTS

2. Section 2 ( kkb )- Definition Labour Court means a Court constituted under section 7 of the Act

3. Section 7- constitution of labour courts (1) 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. (2) A Labour Court shall consist of one person only to be appointed by the appropriate Government.

4. Qualification for the appointment of a Presiding Officer of the Court ( i ) He is or has been a judge of high court (ii) He has for a period of not less than 3 years, been a district judge or an additional judge (iii) He has held any judicial office in India for not less than 7 years (iv) He has been the presiding officer of labor Court constituted under any Provision Act for not less than 5 years Disqualifications : Section 7-C of the Industrial Dispute Act,1947 prescribes Disqualifications for the presiding officer to be appointed to the Labor Court. It provides that no person shall be appointed to or continue in office if: (a) He is not an independent person; or (b) he has attained the age of 65 years

5. Second schedule- jurisdiction 1.  The propriety or legality of an order passed by an employer under the standing orders; 2.   The application and interpretation of standing orders; 3.   Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed; 4.   Withdrawal of any customary concession or privilege; 5.   Illegality or otherwise of a strike or lock-out; & 6.    All matters other than those specified in the Third Schedule.

6. According to [Sec 10 (1) (c)] matters specified in THIRD SCHEDULE, dispute not effecting more than 100 workers can be referred to labour court. According to [Sec 10 (2)] when parties in the industrial dispute apply to the government to refer dispute to the labour court and if government satisfies it shall make the reference to the labour courts. According to [Sec 10 (6)] no Labour Court or Tribunal shall have jurisdiction to adjudicate upon any matter which is under adjudication before the National Tribunal.

7.  Performing such other functions as may be assigned to it under the Industrial Dispute Act, 1947 The Other matters assignable on the Labor Court are: (1) Voluntarily reference of dispute by written agreements between the parties under Section 10 (2) (2).Arbitration reference under Section 10A; (3) Permission to or approval of the action of discharge under Section 33; (4) Complaint by the aggrieved employees under Section 33A; (5) Application under Section 33(c)2A for the computation of any money or any benefit which is capable of being computed in the terms of money. (6) Reference of awards or settlement for the interpretation in case of difficulty or doubt under Section 36AA

8. Section 11- Functions of labour court INSPECTION OF PREMISES POWERS OF CIVIL COURT JUDICIAL PROCEEDINGS APPOINTMENT OF ASSESSOR POWER TO DETERMINE COSTS RELIEF IN DISCHARGE OR DISMISSAL OF WORKMEN