CONSTITUTION & FUNCTIONING OF LABOUR
COURTS, INDUSTRIAL TRIBUNALS & NATIONAL TRIBUNALs
The Industrial Disputes Act, 1947 provides for setting up
of Labour Courts, Industrial Tribunals and National Tribunals.
Labour Courts and Industrial Tribunals are set up by the
Central Government and the State Government or the Administrations of Union
Territories for dealing with matters which fall in the Central and the State
sphere respectively. It is, however, open to the Central Government to refer a
matter in relation to which it is the appropriate Government to a Labour Court
or a Industrial Tribunal constituted by the State
Govt.
Labour Courts deal with matters pertaining to discharge
and dismissal of workmen, application and interpretation of Standing Orders,
propriety of orders passed under Standing Orders, legality of strikes of lock
outs etc.
Industrial Tribunals deal with collective disputes such
as wages, hours of work, leave, retrenchment, closure
as well as all matters which come under the jurisdiction of Labour Courts.
The Central Government may set up a National Tribunal for
adjudication of industrial disputes which in its opinion involve questions of
national importance or are of such nature that industrial establishments in
more than one State are likely to be interested in such disputes.
The Presiding Officer of a Labour Court should at least
have held a judicial office for not less than 7 years or been a Presiding
Officer of a labour Court under a State Act for not
less than 5 years. He may also have higher qualifications such as being a
District Judge or an Additional District Judge for three years or a High Court
Judge. The Presiding Officer of an Industrial Tribunal should have been at
least a District Judge or an Additional District Judge for three years.
Alternatively, he should have held the post of a judge in a High Court. No
person can be appointed as the presiding Officer of a National Tribunal unless
he has held the post of a Judge in a High Court.
Now 22 CGIT have been set up by the Central Govt. which are as follows :-
|
Sl. No. |
Location |
No. of CGIT-cum-Labour Court |
|
Ahmedabad |
1 |
|
|
Asansol |
1 |
|
|
Banglore |
1 |
|
|
Bhubaneshwar |
1 |
|
|
Chennai |
1 |
|
|
Chandigarh
|
2 |
|
|
Dhanbad |
2 |
|
|
Ernakulam |
1 |
|
|
Guwahati |
1 |
|
|
Hydrabad |
1 |
|
|
Jaipur |
1 |
|
|
Jabalpur |
1 |
|
|
Kanpur |
1 |
|
|
Kolkata |
1 |
|
|
Lucknow |
1 |
|
|
16.
|
Mumbai |
2 |
|
17.
|
New
Delhi |
2 |
|
18.
|
Nagpur |
1 |
The name of Presiding Officers, address & contact Nos. of the CGITs are at Annexure `A'
The CGIT No.1 at Mumbai and CGIT at Kolkata are
functioning as National Tribunals.
A number of Industrial Tribunal-cum-Labour Courts have
been set up by the State Govts and Union Territory Admn.
According to the Industrial Disputes Acts, 1947 the
Central Government is the appropriate Govt. for investigation and settlement of
Industrial disputes in regard to the departmental undertakings of the Central Govts., major ports, mines, oil fields, cantonment boards,
banking and Insurance Companies, LIC Industrial Finance Corporation of India
Limited, the Oil and Natural Gas Corporation Ltd., the Indian Airlines, Air
India, the Airport Authority of India and all air transport services under the
Industrial Disputes Act. In relation to other industrial establishments the
State Govt. is the appropriate Govt.
The Central Govt., the State Govts as well as the Administrations of the lockout in a
public utility service. A settlement arrived at in the course of conciliation proceedings
is binding on all parties to an industrial dispute, as per Section 18 of
the I.D. Act. In case of failure to reach a settlement, the conciliation
officer submits a Failure of Conciliation Report to the appropriate Government.
Where the appropriate Govt. is of the opinion that an
industrial dispute exists or is apprehended, it may refer the dispute to a
Labour Court or an Industrial Tribunal for adjudication. The Act requires that
in case of failure of conciliation, the appropriate Government should
communicate the reasons to the parties to the dispute if it is of the opinion
that the dispute does not merit reference for adjudication.
Labour Courts also deal with applications for
determination of workers' dues under Section 33(c)(2)
of the Industrial Disputes Act and other miscellaneous matters. The appropriate
Government may refer its order relating to lay off, retrenchment or closure to
a tribunal for adjudication on its own motion or on an application made by the
employer or a workman.
The Industrial Disputes Act, 1947 was amended in 1982 so
as to provide that cases relating to individual workmen should be disposed of
within a period not exceeding 3 months. In other cases the appropriate
Government must specify the period within which an award must be submitted by
the Court or Tribunal (vide Section 10(2A).
Under the Industrial Disputes Act, an employer has the
discretion to dismiss or discharge a workman in regard to any matter not
connected with an Industrial dispute pending before a conciliation officer, a
Labour Court or a Tribunal. However, he must seek the approval of such
authority. By an amendment to the Industrial Disputes Act made in 1982 the
period within which such authority shall decide the matter has been fixed at 3
months (vide Section 33(5).
Similarly by another amendment to the Act, the period
within which a Labour Court must decide a claim application (i.e. computation
of monetary benefits to a workman) has been fixed at 3 months (vide Section 33C(2).
The I.D. (Central) Rules, 1957 have also been amended to
provide time limits for various formalities in connection with adjudication.
ANNEXURE-A
|
S.No. |
Place of Location |
Name of the Presiding Officer |
Address & Contact No. |
|
1. |
Ahmedabad |
-Vacant - |
CGIT-cum-Labour Court, B-Block, 7th
Floor, Multi Starred Building, Lal Darwaja Ahmedabad-380001 Ph.No.(079) 22605458/ 25505506 |
|
2. |
Asansol |
Sh Manoranjan Pattnaik |
CGIT-cum-Labour Court, Building 314, Sreepali,
Asansol-713304 Ph. No.(0341)2282533 |
|
3. |
Banglore |
-Vacant - |
CGIT-cum-Labour court Shram Sadan
3rd Cross, 3rd Main(FTI Campus) II Phase, Yashwantpur, Tumkur Road,
Banglore-560022 Ph.No.(080)23474404 |
|
4. |
Bhubaneshwar |
-Vacant - |
CGIT-cum-Labour Court, H-24, Parijata,
Jaydev Nagar, Nageswar Tangi,
Lewis Road, Bhubaneshwar-751002 Ph.No.(0674)2433517 |
|
5. |
Chennai |
Shri A.N. Janardanan |
CGIT-cum-Labour Court 1st Floor,
B-Wing, 26Haddows Roads, Shastri Bhawan,
Chennai-600006 Ph.No.(044) 28262090/28252402 |
|
6. |
Chandigarh No.1 |
Sh.G.K.Sharma |
CGIT-cum-Labour Court No.1 2nd Floor,
Press Book Depot Building, Sector 18, Chandigarh-160017. Ph.No.(0172)2784556 |
|
7. |
Chandigarh No.2 |
-Vacant - |
CGIT-cum-Labour Court
No.2, 3rd Floor,
Govt. Press Extension Building, Sector-18A, Chandigarh Ph.No.(0172)2728108 |
|
8. |
Dhanbad No.1 |
Sh.Hari Mangal
Singh |
CGIT-cum-Labour Court
No.1 Dhanbad-826003 Ph.No.(0326)2221010 |
|
9. |
Dhanbad No2 |
-Vacant - |
CGIT-cum-Labour Court No.2 Shram Bhawan, Murlinagar, Jagjivan Nagar-826003 Ph. No.(0326)2230351 |
|
10. |
Ernakulam |
Sh.P.L.Norburt |
CGIT-cum-Labour Court, 38/377, A-2 Karithala
Lane, Karshaka Road, Ernakulam,
Cochin-682016 Ph.No.(0484)-2312466 |
|
11. |
Guwahati |
Sh.Dilip Kumar Deb
Roy |
CGIT-cum-Labour Court Mahesh Ch.Mohajan Building, H.C.Road, Jurpukhuripar, Uzan Bazar, Guwahati-781101 Ph * Fax No.(0361)2608257 |
|
12. |
Hydrabad |
Sh.V.P.Gaur |
CGIT-cum-Labour Court M-2 Block, Manoranjan Complex, M.J.Road,
Hydrabad-500001 Ph.No.(040)24657379,
FAX-24657379 |
|
13. |
Jaipur |
Dr.Manju Nigam |
CGIT-cum-Labour Court CGO Complex Kendriya Sadan, Block-B, 1st Floor,
Sector-10 Vidyadhar Nagar, Jaipur Ph.No.(0141)2233728 |
|
14. |
Jabalpur |
Md.Shakir Hasan |
CGIT-cum-Labour Court, H.No.1230, Gole Bazar, Write Town, Jabalpur-482002 Ph.No.(0761)2414965 |
|
15. |
Kanpur |
Shri Ram Prakash |
CGIT-cum-Labour Court, Shram Bhawan, ATI Campus Udyog Nagar, Kanpur-208005 Ph.No.(0512)2218642 |
|
16. |
Kolkata |
- Vacant - |
CGIT-cum-Labour Court, 20-B, Abdul Hamid Street, Block-I(H), 1st Floor Kolkata-700069 Ph.No.(033)22482482 |
|
17. |
Lucknow |
Sh.N.K. Purohit |
CGIT-cum-Labour Court Kendriya Bhawan, 8th
Floor, Hall No.01, Sector-H, Aliganj, Lucknow(UP)-226012 Ph.No./FAX(0522)2323901 |
|
18. |
Mumbai No.1 |
- Vacant - |
CGIT-cum-Labour Court
No.1 Ist Floor,Shram
Raksha Bhawan,
Opp.Pridarshini Off.Eastern
Express Highway SION, Mumbai-400022 Ph.No.(022)22055097 |
|
19. |
Mumbai No.2 |
Sh.A.A.Lad |
CGIT-cum-Labour Court No.2 Ist Floor,Shram
Raksha Bhawan,
Opp.Pridarshini Off.Eastern
Express Highway SION, Mumbai-400022 Ph.No.(022)24055796 |
|
20. |
New Delhi No.1 |
Sh. Ram Kishan Yadav |
CGIT-cum-Labour Court No.1 Karkardooma Court Complex R.No.38, Block-A,
Delhi-110032 Ph.No.(011)22382360 |
|
21. |
New Delhi No.2 |
Sh. Satnam |
CGIT-cum-Labour Court No.2 Karkardooma Court Complex R.No.33, Block-A,
Delhi-110032 Ph.No.(011)22234881 |
|
22. |
Nagpur |
Sh.A.N.Yadav |
CGIT-cum-Labour Court, New Secretariat Building,
1st Floor at
Civil Lines, Nagpur-420001 Ph.No.(0712)2552593 |