Section 7C - Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals : Industrial Disputes Act 1947

What are the Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals? Section 7C of Industrial Disputes Act 1947

 

Section 7c of Industrial Disputes Act 1947 : "Disqualifications for the Presiding Officers of Labour Courts, Tribunals and National Tribunals"

7C. No person shall be appointed to, or continue in, the office of the Presiding Officer of a Labour Court, Tribunal or National Tribunal, if-

(a) he is not an independent person; or

(b) he has attained the age of sixty-five years.]

 

 

STATE AMENDMENTS

PUNJAB
In section 7C for clause (b), the following shall be substituted, namely :- "(b) he has attained the age of sixty-seven years;" - Punjab Act No. 8 of 1947.

WEST BENGAL
To clause (b) of section 7C of the said Act, the following proviso shall be added, namely :-

"Provided that where such presiding officer of a Tribunal appointed by the State Government attains the age of sixty-five years before completion of any proceedings pending before him, the State Government may if in the opinion of such Government public interest so requires, order his continuance in office for a period not exceeding six months for completion of the proceedings" - West Bengal Act No. 11 of 1959.

GUJARAT
After section 7C, insert the following section :

"7D. Certain District Judges qualified for appointment on Tribunal constituted by State Government - Notwithstanding anything contained in sub-section (1) of section 7A-

(1) the State Government may constitute an Industrial Tribunal under that sub-section for performing such other functions as may be assigned to it under this Act;

(2) where the State Government constitutes a Tribunal under section 7A, the Tribunal may consist of a person who is, or has been, for a period of not less than 5 years, a District Judge or Additional or Joint District Judge and, notwithstanding anything contained in sub-section (3) of section 7A but subject to section 7C, such person shall be deemed to be qualified for appointment as the Presiding Officer of the Tribunal;

(3) the appointment of a person qualified under clause (2) shall be made after consultation with the "High Court" - Gujarat Act No. 22 of 1962.

MADHYA PRADESH
Clause (b) of section 7C of the principal Act, the following proviso shall be added, namely :

"Provided that a person appointed to the office of the Presiding Officer of a Tribunal may continue in such office till he attains the age of sixty seven years." - Madhya Pradesh Act No. 3 of 2007.