Professional Documents
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Role of Judiciary in Industrial Relation
Role of Judiciary in Industrial Relation
Relation
The judiciary constituted wage board
,labor board etc .Managers have also
adopted proactive strategy such as
developing relationship between
employees and unions ,developing
competence of managers and
supervisors.
Associations ,government and judiciary
are the stakes inn Industrial relation. The
government seek to protect the interest of
employers and employees. The judiciary
constituted.
The role of judiciary in Industrial relation
has been regressive and the management
has economic power which it uses to
effect the life of.
DEFINITION OF JUDICIARY
THE SYSTEME OF LOW COURT
THAT ADMINISTER JUSTICE AND
CONSTISTUTE THE JUDICIAL BRANCH
OF GOVERNMENT.
Role of Judiciary in
Industrial Relations
are :1.
Labour Court
2. Industrial Tribunal
3. National Tribunal
Labour Court
The Labour Court was established
under the Industrial Relations Act,
1946, to exercise the functions
assigned to it by the Act. The
functions of the Court have been
altered and extended by subsequent
legislation including the Workplace
Relations Act 2015 which provided
for the most profound changes since
the 1946 Act. Under the provisions of
the Act the Labour Court now has
sole appellate jurisdiction in all
disputes under employment rights
enactments
The Labour Court is not a court of
law. It operates as an industrial
relations tribunal, hearing both sides
in a case and then issuing a
Recommendation (or
Determination/Decision/Order,
depending of the type of case)
setting out its opinion on the dispute
Referral
Arrange date of hearing
Parties make written submissions
Hearing
Issue of
Recommendation/Determination/Decision/Order
Referral;
The appeal should be made within the prescribed
time limits using the Single Appeal Form. An
acknowledgement will issue to the parties to the
appeal and the other party advised that an appeal
has been made.
Arrange date of hearing
Industrial Tribunal
The Industrial Tribunal is an independent juridical
tribunal on matters relating to employment relations. It
is regulated by the Employment and Industrial Relations
Act and has exclusive jurisdiction to consider and decide
all cases of alleged unfair dismissal, in addition to other
cases associated with employment such as breach of
the law with regard to provisions such as overtime,
parental and maternity leave.
The decisions of the industrial tribunal are not subject to
appeal, except on points of law. In addition, its awards
are binding and cannot be revised prior to the elapsing
of at least one year after the issue of any such award.
In some cases, other instruments are sought, such as
the general law courts, to settle matters in which the law
was allegedly violated at the place of work.
National Tribunal
(1) The Central Government may, by notification in the
Official Gazette, constitute one or more National
Industrial Tribunals for the adjudication of industrial
disputes which, in the opinion of the Central
Government, involve questions of national importance or
are of such a nature that industrial establishments
situated in more than one State are likely to be
interested in, or affected by, such disputes.
(2) A National Tribunal shall consist of one person only
to be appointed by the Central Government.
(3) A person shall not be qualified for appointment as the
presiding officer of a National Tribunal58[unless he is, or
has been, a Judge of a High Court.
(4) The Central Government may, if it so thinks fit,
appoint two persons as assessors to advise the National
Tribunal in the proceeding before it.