The Industrial Tribunal (under the Industrial Disputes Act 1947) is constituted by the Central government if an industrial dispute relates or in any way concerns the central government, but where the Government of India has no such direct interest, the Tribunal may be constituted by the appropriate government, that is, the state government.
The Industrial Tribunal may consist of one or more members who are appointed by the Central government or by the appropriate government as the case may be. Where such a tribunal consists of two or more members, one of them will be appointed as the Chairman of the Tribunal. There can be a one-man Tribunal also. The Chairman of the Tribunal should possess judicial qualifications in as much as he:
(i) is or has been a judge of the High Court, or
(ii) is or has been a District Judge; or
(iii) is qualified for appointment as a judge of the High Court.
With regard to members other than the Chairman, they should possess such qualifications as may be prescribed. Where an industrial dispute affecting any banking or insurance company is referred to the Tribunal, one of the members, in the opinion of the Central government or appropriate government, should possess special knowledge of banking or insurance as the case may be.
The jurisdiction of the Tribunal extends to any industrial dispute such as a dispute between employers and their workmen about wages, including the period and mode of payment, compensation and other allowances, hours of work and rest, maternity leave with wages, holidays, bonus, profit-sharing, provident fund, gratuity, shift working otherwise than in accordance with standing order, classification of grades, rules of discipline, rationalisation, retrenchment of workers and closure of establishments and any other matter that may be prescribed.
All disputes between workers and those connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person are referred to it.
The procedure to be followed by the Industrial Tribunal is prescribed by the Act and rules made there under. The Tribunal has to act judicially as it is a quasi-judicial authority. It has some of the trappings of a court. It has to apply the law and also the Principles of Natural Justice, equity and good conscience. The Tribunal is vested with the power of a civil court and it can enforce attendance of any person and examine him on oath, compel the production of documents, issue commissions for examination of witnesses, and such inquiry and investigations are deemed to be judicial proceeding within the meaning of Section 193 and 228 of the Indian Penal Code.
The Tribunal's awards are published in the Government Gazette. On due publication, the award becomes final. It is required to be signed by all the members of the Tribunal. If it is not signed by all the members, it becomes illegal and inoperative.
The proceedings conducted by the Industrial Tribunal are judicial proceedings and the decisions and the awards are subject to writ jurisdiction of the High Court under Article 226 of the Constitution. The Tribunal is also subject to the supervisory jurisdiction of the High Court under Article 227 of the Constitution. The Award of the Tribunal can be challenged directly in the Supreme Court under Article 136 of the Constitution of India as under that Article the Supreme Court is vested with the power and discretion to entertain appeals against the orders of any court or Tribunal by granting special leave.
The Industrial Tribunal may consist of one or more members who are appointed by the Central government or by the appropriate government as the case may be. Where such a tribunal consists of two or more members, one of them will be appointed as the Chairman of the Tribunal. There can be a one-man Tribunal also. The Chairman of the Tribunal should possess judicial qualifications in as much as he:
(i) is or has been a judge of the High Court, or
(ii) is or has been a District Judge; or
(iii) is qualified for appointment as a judge of the High Court.
With regard to members other than the Chairman, they should possess such qualifications as may be prescribed. Where an industrial dispute affecting any banking or insurance company is referred to the Tribunal, one of the members, in the opinion of the Central government or appropriate government, should possess special knowledge of banking or insurance as the case may be.
The jurisdiction of the Tribunal extends to any industrial dispute such as a dispute between employers and their workmen about wages, including the period and mode of payment, compensation and other allowances, hours of work and rest, maternity leave with wages, holidays, bonus, profit-sharing, provident fund, gratuity, shift working otherwise than in accordance with standing order, classification of grades, rules of discipline, rationalisation, retrenchment of workers and closure of establishments and any other matter that may be prescribed.
All disputes between workers and those connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person are referred to it.
The procedure to be followed by the Industrial Tribunal is prescribed by the Act and rules made there under. The Tribunal has to act judicially as it is a quasi-judicial authority. It has some of the trappings of a court. It has to apply the law and also the Principles of Natural Justice, equity and good conscience. The Tribunal is vested with the power of a civil court and it can enforce attendance of any person and examine him on oath, compel the production of documents, issue commissions for examination of witnesses, and such inquiry and investigations are deemed to be judicial proceeding within the meaning of Section 193 and 228 of the Indian Penal Code.
The Tribunal's awards are published in the Government Gazette. On due publication, the award becomes final. It is required to be signed by all the members of the Tribunal. If it is not signed by all the members, it becomes illegal and inoperative.
The proceedings conducted by the Industrial Tribunal are judicial proceedings and the decisions and the awards are subject to writ jurisdiction of the High Court under Article 226 of the Constitution. The Tribunal is also subject to the supervisory jurisdiction of the High Court under Article 227 of the Constitution. The Award of the Tribunal can be challenged directly in the Supreme Court under Article 136 of the Constitution of India as under that Article the Supreme Court is vested with the power and discretion to entertain appeals against the orders of any court or Tribunal by granting special leave.
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