Section 7 of Industrial Disputes Act 1947 Bare Act & Notes

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Section 7 of Industrial Disputes Act 1947

Labor Court

  • The proper Government may, by warning in the official journal, add to at least one industrial councils for the settling of industrial disputes and identifying with any issue, regardless of whether indicated in the subsequent calendar or the 3rd schedule. 
  • A court should comprise of just a single individual designated by the appropriate government. 
  • An individual will not be equipped for the arrangement as the directing official of a council except if he is, or has been a judge of the high court or has been a vice president labour commissioner (central) or joint chief of the state work office, having a degree in law. 
  • Anand Bazar Patrika v. Employees, This issue was about a person, Gupta, who’s retirement was against the service conditions of the company. The court also held the decision against the appellant that Gupta was a workman on the day of his retirement and thus, the award was given against the appellant. 
  • Awaz Prakashan Private Ltd. v. Pramod Kumar Pujari, the appellant was running a printing press and was publishing newspapers by the name of ‘Awaz’. So, as per the words of the appellant, he said that he closed the publication and stopped the printing of the newspaper and thus he retrenched the workman from services as of 1st July 1989. The responded contended that his retrenchment was not complying with the provisions in the Industrial disputes Act, 1947. 

Section 7A of Industrial Disputes Act – Tribunals

The reasonable government may, by warning in the official newspaper, establish at least one industrial courts for the mediation of industrial disputes identifying with any issue, regardless of whether indicated in the subsequent calendar or the third schedule. A council will comprise of one individual just to be selected by the corporate Government. 

An individual will not be equipped for the arrangement as the managing official of a Tribunal except if: 

  • He/she has been a judge of the high court or has been one. 
  • a vice president works official (focal) or joint magistrate of the state work office, having a degree in law. 

Minerva Mills Ltd Bangalore v. Workmen, Two disputes of the Minerva Mills Ltd, Bangalore between the management and the workers and two disputes of Mysore spinning and manufacturing co. limited, also between the management and the workers were referred to the said industrial tribunal 10 (1) c of the Act for adjudication, several other disputes were also referred to the tribunal. Till 15th June 1952, it was seen that only 5 out of 22 disputes were referred to it when the period of one year expired. In the four disputes which are concerned, the tribunal had only framed the issues and not Actually proceeded to record any evidence.

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Lipton Ltd. Case- The appellant company was incorporated in the United Kingdom, with most of its stores from London, of groceries and tea, which included 10% of its business there. Its operations in India were carried out by a branch with its head office in Calcutta, and the business there consisted mainly of the sale of ‘packaged tea’ throughout all of India. The Delhi office of its Indian branch controlled the workmen of Punjab, Delhi, Rajasthan and Uttar Pradesh but had no connection with the other side of the business.

Jurisdiction- the Appropriate Government may appoint assessors to the case and may give its decision in the court as they may seem fit.

Delay in filing appeal- Delay by either party makes their case weaker.

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Appeal- Appeal can be made to Labour court, District court, tribunal or national tribunal

Section 7B of Industrial Disputes Act – National Council

The government at the centre may, by warning in the official gazette comprise at least one national industrial Tribunal for the settling of industrial disputes which, in the assessment of the government at the centre, including inquiries of national significance or are of such a nature, that industrial foundations arranged in more than one state are probably going to be keen on, or influenced by, such disputes. 

  • A national council will comprise of just a single individual that will be named by the government at the centre. 
  • An individual will not be equipped for the arrangement as the directing official of a national council, except if he is or has been a judge of the High Court. 
  • The government at the centre may, if it thinks so fit select two people as assessors to encourage national council in the procedure before it. 

Section 7C of Industrial Disputes Act Disqualifications for the managing workplaces of work courts, tribunals and national tribunals.

No individual will be designated to, or proceed in the workplace of the managing official of a work Court, council or national court if – 

  • He isn’t an autonomous individual. 
  • He hasn’t achieved the age of 65 years. 

Reference of Industrial Dispute

Where the proper government is of the conclusion that any industrial question exists or is caught, it might whenever by request recorded as a hard copy- 

  • Allude the contest to a board for advancing settlement thereof. 
  • Allude any issue having all the earmarks of being associated with or pertinent to the question to a court for enquiry.
  • Allude the contest or any matter seeming, by all accounts, to be associated with, or pertinent to the question, in the event that it identifies with any issue indicated in the subsequent schedule, to a work Court for mediation.
  • Allude to the question or any issue seeming, by all accounts, to be associated with, or pertinent to, the contest whether it identifies with any issue determined in the subsequent timetable or the third calendar, to a council for arbitration. 

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