Section 7 - Labour Courts : Industrial Disputes Act 1947

What are Labour Courts? Section 7 of Industrial Disputes Act 1947

Section 7 of Industrial Disputes Act 1947 : "Labour Courts"

7. (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.

(3) A person shall not be qualified for appointment as the Presiding Officer of a Labour Court, unless-

(a) he is, or has been, a Judge of a High Court; or

(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge ; or

(d) he has held any judicial office in India for not less than seven years; or

(e) he has been the Presiding Officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years.

(f) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or

(g) he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.

STATE AMENDMENTS
GUJARAT
In section 7, in sub-section (3),-
(i) in clause (b), after the words "Additional District Judge," the words "or a Joint Judge or an Assistant Judge" shall be inserted;

(ii) in clause (d), for the words "seven years" the words "five years" shall be substituted;

(iii) in clause (e ), for the words "five years" the words "three years" shall be substituted and the word "or" shall be added at the end;

(iv) after clause (e), the following clause shall be added, namely :-

"(f) he has practiced as an advocate or attorney for not less than seven years in a High Court or any Court subordinate thereto or in any Industrial Court or Industrial Tribunal or Labour Court constituted under any law for the time being in force;" - Gujarat Act No. 28 of 1977.

HARYANA
In sub-section (3) of section 7,- (i) for clause (b), the following clause shall be substituted, namely:-

"(b) he is qualified for appointment as, is, or has been, a District Judge or an Additional District Judge, or"; and

(ii) after clause (c), the following clause shall be inserted, namely :-

"(cc) He has been a Commissioner of a division or an Administrative Secretary to Government or an officer of the Labour Department not below the rank of a Joint Labour Commissioner for a period of not less than two years; or" - Haryana Act No. 39 of 1976.

MADHYA PRADESH
In section 7, after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A) In addition to the functions specified in sub-section (1) the Labour Court shall try offences punishable under this Act and the Acts specified in Part B of the Second Schedule." - Madhya Pradesh Act No. 43 of 1981.

In section 7, in sub-section (3), for clause (e), the following clause shall be substituted, namely:-

"(e) he has been the Presiding Officer of a Labour Court constituted under the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960), for not less than three years." - Madhya Pradesh Act No. 32 of 1998.

MAHARASHTRA
In section 7 in sub-section (3), after clause (d) the following clauses shall be inserted, namely:-

"(d-1) he has practiced as an advocate or attorney for not less than seven years in the High Court, or any court subordinate thereto, or any Industrial Court or Tribunal or Labour Court, constituted under any law for the time being in force;

or
(d-2) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of a Deputy Registrar of any such Industrial Court or Tribunal for not less than five years;

or" - Maharashtra Act No. 56 of 1974.

After clause (d-2), the following new clause shall be inserted, namely:-
"(d-3) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not lower in rank than that of Assistant Commissioner of Labour under the State Government for not less than five years; or" - Maharashtra Act No. 22 of 1976.

PUNJAB (PRIOR TO AMENDMENT OF 1964)
In sub-section (3) of section 7 at the end of clause (b), the word 'or' and the following new clauses shall be added, namely:-

"(c) he is or has been a District Judge; or

(d) he has held the office of the Chairman or any other member of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950 or of any Tribunal, for a period not less than two years." - Punjab Act No. 8 of 1957.

UTTAR PRADESH (PRIOR TO AMENDMENT OF 1964)

2. After sub-section (3) of section 7 the following shall be added as a new sub-section (3A)-

"(3A) In relation to an industrial dispute other than that referred in sub-clause (i) of clause (a) of section 2 or in section 4 of the Industrial Disputes (Banking and Insurance (Companies Act), 1949, the provisions of sub-section (3) shall have effect as if-

(a) after clause (c), the following new clauses (d) and (e) had been added-

"(d) is or has been a Magistrate of the first class for a period exceeding two years."

"(e) is a person possessing more than two years practical experience of adjudicating or settling industrial disputes."

(b) in the proviso after the words 'clause (b)' the words 'or clause (d) or clause (e)' had been added." - Uttar Pradesh Act No. 25 of 1951.

WEST BENGAL
For clause (b) of sub-section (3) of section 7, the following clause shall be substituted :-

"(b) he is, or has been, a District Judge or an Additional District Judge; or" - West Bengal Act, 35 of 1989.