ASSIGNMENT

Labour and industrial

laws-ii
TOPIC- labour courts
NAME- NITIKA
REG. NO- 11511201
SECTION- l1503
COURSE CODE- LAW 449
COURSE- BBA.LLB (HONS)
(10th sem)

LOVELY
PROFESSIONAL
UNIVERSITY
 CONTENT:
 INTRODUCTION of labour courts

 History behind labour courts

 Purpose of labour courts

 Authorities UNDER LABOUR LAWS IN INDIA

 MATTERS DEALT BY TRIBUNALS:

 MATTERS DEALT BY LABOUR COURTS:

 APPOINTMENT OF AN OFFICER OF TRIBUNAL OR COURT:

 STAGES OF ADJUDICATION IN LABOUR OR INDUSTRIAL DISPUTES:

 POWERS AND DUTIES OF LABOUR CORTS AND TRIBUNALS

 CONCLUSION

 BIBLOGRAPHY

INTRODUCTION TO LABOUR COURT:

Labour is a subject in the Concurrent list under the Constitution of India where both the
Central and State Governments are competent to enact legislation subject, however to
reservation of certain matters for the Central Government. The Ministry of Labour and
Employment seeks to protect and safeguard the interests of the workers in general and those
who constitute the poor, deprived and disadvantages sections of the society in particular with
due regard to creating a healthy work environment for higher production and productivity and
coordinating vocational skill training and employment services.

Government’s attention is also focused on promotion of

welfare activities and providing social security to the labour force both in the organised and
unorganised sectors in tandem with the process of liberalisation. These objectives are sought
to be achieved through enactment and implementation of various labour laws which regulates
the terms and conditions of services and employment of workers.

The law relating to labour and employment in India is

primarily known under the broad category of Industrial law. Industrial law in this country is
of recent vintage and has developed in respect to the vastly increased awakening of the
workers of their rights, particularly after the advent of independence. Industrial relations
embrace a complex of relationships between the workers, employers and Government,
basically concerned with the determination of the terms of the employment and conditions of
labour of the workers. A labour court (labour court or tribunal) is a governmental judiciary
body which rules on labour or employment related matters and disputes. In a number of
countries, labour cases are often taken separate national labour High courts.

HISTORY BEHIND LABOUR COURTS:

The Labour Court was established in 1946 (following the enactment of the Industrial
Relations Act, 1946). Its main functions were to adjudicate in trade disputes and to provide a
conciliation service. Other functions given to the Court included the establishment of Joint
Labour Committees and the registration of employment agreements and Joint Industrial
Councils.

There have been many changes to its structure and functions since then, following
amendments to the Industrial Relations Act in 1969 to 2015 and the enactments of:

 Anti-Discrimination (Pay) Act, 1974

 Employment Equality Act, 1977

 Pensions Act, 1990

 Organisation of Working Time Act, 1997

 Employment Equality Act, 1998

 National Minimum Wage Act, 2000

 Protection of Employees (Part-Time Work) Act, 2001

 Protection of Employees (Fixed-Term Work) Act, 2003, Safety, Health and Welfare
at Work Act, 2005

 Workplace Relations Act 2015

An equality service was added in 1975 to deal with equal pay - and later, equal treatment -
cases. In 1991, this service, and the conciliation service of the Labour Court were transferred
to the newly established Labour Relations Commission. In 1999, the equality service was
transferred from the Labour Relations Commission to the newly formed Equality Authority
and Office of the Director of Equality Investigations (the Equality Tribunal), (under the
auspices of the Department of Justice, Equality and Law Reform) under the Employment
Equality Act, 1998.
The Labour Court retained its other functions under equality legislation, including the hearing
of appeals and investigating complaints of dismissal under the Employment Equality and
Pensions Acts (appeals under the equality provisions of the Pensions Act, 1990 are heard by
the Labour Court).

The Court acquired additional functions in 1997, 2000, 2001 and 2003 under the
Organisation of Working Time Act, 1997, the National Minimum Wage Act, 2000, the
Protection of Employees (Part-Time Work) Act, 2001, the Protection of Employees (Fixed-
Term Work) Act, 2003 and the Safety, Health and Welfare at Work Act, 2005 respectively.
In 1999, the Court's remit under equality legislation was broadened by the coming into
operation of the Employment Equality Act, 1998.

The Organisation of Working Time Act, 1997 gave the Court responsibility for processing
applications for approval of working time agreements as well as an appellate and
enforcement function in relation to Rights Commissioners' decisions under that Act.

The Employment Equality Act, 1998 extended the Courts functions in relation to equality
matters to reflect the widening of the scope of equality legislation.

The National Minimum Wage Act, 2000 gave the Labour Court an appellate and enforcement
role in relation to recommendations of Rights Commissioners under that Act, as well as
empowering the Court to exempt employers, in certain circumstances and for a maximum of
12 months, from the scope of the Act.

The Protection of Employees (Part-Time Work) Act, 2001 gave the Court an appellate and
enforcement role in relation to decisions of Rights Commissioners under the Act; and
responsibility for processing of applications for approval of collective agreements concerning
casual part-time employees under the Act.

The Protection of Employees (Fixed-Term Work) Act, 2003 gave the Court an appellate and
enforcement role in relation to decisions of Rights Commissioners under the Act.

The Safety, Health and Welfare at Work Act, 2005 gave the Court an appellate and
enforcement role in relation to decisions of Rights Commissioners under the Act.
The enactment of the Workplace Relations Act 2015 provides that the Court is now sole
appellate body for Adjudication Officer’s decisions of the Workplace Relations Commission.

PURPOSE OF LABOUR LEGISLATION:

Labour legislation that is adapted to the economic and social challenges of the modern world
of work fulfils three crucial roles:

 It establishes a legal system that facilitates productive individual and collective

employment relationships, and therefore a productive economy.
 By providing a framework within which employers, workers and their representatives
can interact with regard to work‐related issues, it serves as an important vehicle for
achieving harmonious industrial relations based on workplace democracy.
 It provides a clear and constant reminder and guarantee of fundamental principles and
rights at work which have received broad social acceptance and establishes the
processes through which these principles and rights can be implemented and
enforced. 

But experience shows that labour legislation can only fulfils these functions effectively if it is
responsive to the conditions on the labour market and the needs of the parties involved. The
most efficient way of ensuring that these conditions and needs are taken fully into account is
if those concerned are closely involved in the formulation of the legislation through processes
of social dialogue. The involvement of stakeholders in this way is of great importance in
developing a broad basis of support for labour legislation and in facilitating its application
within and beyond the formal structured sectors of the economy.  
EVOLUTION OF LABOUR LAWS IN INDIA:

The law relating to labour and employment is also known as Industrial law in India. The
history of labour legislation in India is interwoven with the history of British colonialism.
The industrial/labour legislations enacted by the British were primarily intended to protect the
interests of the British employers. Considerations of British political economy was naturally
paramount in shaping some of these early laws. Thus, came the Factories Act.

It is well known that Indian textile goods offered stiff competition to British textiles in the
export market and hence in order to make India labour costlier the Factories Act was first
introduced in 1883 because of the pressure brought on the British parliament by the textile
magnates of Manchester and Lancashire. Thus, India received the first stipulation of eight
hours of work, the abolition of child labour, and the restriction of women in night
employment, and the introduction of overtime wages for work beyond eight hours. While the
impact of this measure was clearly welfares the real motivation was undoubtedly
protectionist.

The earliest Indian statute to regulate the relationship between employer and his workmen
was the Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for
restraining the rights of strike and lock out but no machinery was provided to take care of
disputes. The original colonial legislation underwent substantial modifications in the post‐
colonial era because independent India called for a clear partnership between labour and
capital.
The content of this partnership was unanimously approved in a tripartite conference in
December 1947 in which it was agreed that labour would be given a fair wage and fair
working conditions and in return capital would receive the fullest co‐operation of labour for
uninterrupted production and higher productivity as part of the strategy for national economic
development and that all concerned would observe a truce period of three years free from
strikes and lockouts. Ultimately the Industrial Disputes Act (the Act) brought into force on
01.04.1947 repealing the Trade Disputes Act 1929 has since remained on statute book

AUTHORITIES UNDER LABOUR LAWS IN INDIA:

1. International Labour Organization:

The International Labour Organization (ILO) is a specialized agency of the United

Nations that deals with labour issues. Its headquarters are in Geneva, Switzerland. Its
secretariat — the people who are employed by it throughout the world is known as the
International Labour Office. The ILO was established as an agency of the League of
Nations following the Treaty of Versailles, which ended World War I. Post‐war
reconstruction and the protection of labour unions occupied the attention of many
nations during and immediately after World War I.

The first annual conference (referred to as the International Labour Conference, or

ILC) began on 29 October 1919 in Washington DC and adopted the first six
International Labour Conventions, which dealt with hours of work in industry,
unemployment, maternity 180 protection, night work for women, minimum age and
night work for young persons in industry. The prominent French socialist Albert
Thomas became its first Director General. The ILO became a member of the United
Nations system after the demise of the League in 1946. Its constitution, as amended,
includes the Declaration of Philadelphia (1944) on the aims and purposes of the
organisation. As of April 2009, the current director‐general is Juan Somavia (since
1999).
 The Governing Body is the executive of the International Labour Office. It meets
three times a year, in March, June and November. It takes decisions on ILO policy,
decides the agenda of the International Labour Conference, adopts the draft
programme and budget of the organisation for submission to the conference, and
elects the director‐general. The Governing Body is composed of 28 government
representatives, 14 workers' group representatives, and 14 employers' group
representatives. Ten of the government seats are held permanently by Brazil, China,
France, Germany, India, Italy, Japan, Russian Federation, United Kingdom, and the
United States. The remaining government representatives are elected by government
delegates every three years.

2. Ministry of Labour and Employment, Government of India:

  The Ministry of Labour and Employment, a branch of the Government of India, is

the apex body for formulation and administration of the rules and regulations and
laws relating to 181 labour and employment in India. The Ministry of Labour and
Employment works out of Shram Shakti Bhavan, Rafi Marg, New Delhi The main
objectives of the Ministry of Labour and Employment are the following: Labour
Policy and legislation; Safety, health and welfare of labour; Social security of labour;
Policy relating to special target groups such as women and child labour; Industrial
relations and enforcement of labour laws in the Central sphere; Adjudication of
industrial disputes through Central Government Industrial Tribunals cum Labour
Courts and National Industrial Tribunals.
a) Main Secretariat of Ministry of Labour and Employment
b) Attached Offices
c) Subordinate Offices
d) Adjudicating Bodies
e) Arbitration bodies
f) Autonomous Organizations

3. Organisation of the Chief Labour Commissioner (CLC):

 The Organisation of the Chief Labour Commissioner(C) known as Central Industrial
Relations Machinery was set up in April, 1945 in pursuance of the recommendation of
the Royal Commission on Labour in India and was then charged mainly with duties of
prevention and settlement of industrial disputes, enforcement of labour laws and to
promote welfare of workers in the undertakings falling within the sphere of the
Central Government.
a) Assistant Labour Commissioner
b) Labour Enforcement Officer
c) Joint Chief Labour Commissioner
d) Deputy Chief Labour Commissioner
e) Regional Labour Commissioner

4. Labour Courts / Industrial Tribunals:

Most of the labour disputes are referred to the Labour Courts/Industrial Tribunals
through the Department of Labour under the respective State Government. The
process for labour dispute starts with filing of a petition before Labour Conciliation
Officer and in case no compromise is possible, the said officer sends a failure report
to the Government. After consideration of the said report, the Government may send a
reference to the Labour Court/Industrial Tribunal. In certain matters, the labour
dispute can be directly filed in the court concerned.  

 Labour Courts: These courts are found in every district and they form the
courts of original jurisdiction under which various labour laws and rules are
enforced.

 Appellate Labour Courts: These courts hear only the Appeals and revisions
originating from the judgements and orders of the subordinate original labour
courts and officers, under the provisions of various labour and related laws.
A. When an industrial dispute has been referred to a Labour Court for adjudication, it is
the duty of the Labour Court to
 Hold proceedings expeditiously, and
  To submit its award to the appropriate Government soon after the conclusion
of the proceedings.

B. However, no deadline has been laid down with respect to the time within which the
completion of proceedings has to be done. Nonetheless, it is expected that these
Courts hold their proceedings without getting into the technicalities of a Civil Court.
C. It has been held that the provisions of Article 137 of the Limitation Act do not apply
to reference of disputes to the Labour Courts.  These Courts can change the relief
granted by refusing payment of back wages or directing payment of past wages too.

MATTERS DEALT BY TRIBUNALS:

 Wages, including the period and mode of payment

 Compensatory and other allowances
 Hours of work and rest intervals
 Leave with wages and holidays
 Bonus, profit sharing, provident fund and gratuity
 Shift working otherwise than in accordance with standing orders
 Classification by grades
 Rules of discipline
 Retrenchment of workmen and closure of establishment

MATTERS DEALT BY LABOUR COURTS:

 The propriety or legality of an order passed by an employer under the standing orders
 The application and interpretation of standing order
  Discharge or dismissal of workmen including re‐instatement of, or grant of relief to,
workmen wrongfully dismissed.
 Withdrawal of any customary concession or privilege
 Illegality or otherwise of a strike or lock‐out; and
 All matters other than those being referred to Industrial Tribunals.

APPOINTMENT OF AN OFFICER OF TRIBUNAL OR COURT:

Qualifications:

1) He is or has been a judge of High Court.

2) He has for a period of not less than 3 years, been a District Judge or an additional
Judge.
3) He has held any judicial office in India for not less than 7 years.
4) He has held the presiding officer of labour Court constituted under any provision or
act for not less than 5 years.

Disqualification:
Section 7-C of the Industrial Dispute Act, 1947 prescribes disqualifications for the presiding
officer to be appointed to the Labour Court. It provides that no person shall be appointed to or
continue in office if:

1) He is not an independent person; or

2) He has attained the age of 65 years.

STAGES OF ADJUDICATION IN LABOUR OR INDUSTRIAL DISPUTES:

There are basically three stages which the courts or tribunals and parties to the dispute has to
follow as mentioned below:

1) Filing and Hearing to the matter.

2) Final conclusion of the dispute.
3) Execution of Award.

1) Filing and Hearing to the matter: The first is receiving a reference from the
appropriate Government or filing of the labour dispute in the Labour Court. The next
step is sending notice to the Management and after filing of the response by them, the
matter is fixed for adjudication. The fourth step is recording the evidence of the
parties and hearing the arguments.
 2) Final conclusion of the dispute: After hearing the parties, the Labour Court or
Industrial Tribunal decides the dispute and the said final decision is called an Award.
A copy of the award is to be published by the Labour Department as per rules. Copies
of the same are also sent to the parties concerned.

3) Execution of Awards: In case the management does not comply with the terms of the
award, the workman may pray for its execution by moving an application before the
concerned Conciliation Officer.

FUNCTIONS OF LABOUR COURT OR TRIBUNAL:

1) The function of labour court is that to keep a check no violation of any kind of labour
rights. Court is set up to give justice to the labour and to conduct fast trail for them
convince. The court insures that labours are given proper equitable justice.

2) Industrial and Labour Courts deal with the matters such as strikes, lockout, bonus,
service conditions, unfair labour practices, granting recognition to the Labour Union
and awarding compensation to the employees on account accident in respect of fatal
or non-fatal accidents. 

3) Labour Courts or tribunals are constituted under the Industrial Disputes Act, 1947 for
the purpose of disposal of any proceeding involving any question pertaining to the
application or interpretation of a Standing Order certified under the Industrial
Employment (Standing Orders) Act, 1946.

4) Adjudicating upon industrial dispute specified in the Act:

  The propriety or legality of any order passed by employer under standing
orders.
 The application and interpretation of the standing orders.
 Discharge or dismissal of the workmen including reinstatement of or grant of
relief to the workmen wrongfully dismissed.
 Withdrawal of any customary concession or privilege.
 Illegality or otherwise of a strike or lockout.
5) Performing such other functions as may be assigned to them:
 Voluntarily reference of dispute by written agreements between the parties
under Section 10A.
 Arbitration reference under section 10 A.
 Permission to or approval of the action of discharge under Section 33.
 Complaint by the aggrieved employees under Section 33A
 Reference of awards or settlement for the interpretation in case of difficulty or
doubt under Section 36AA.

POWERS AND DUTIES OF THE COURT OR TRIBUNAL:

A. While trying offences: while trying an offence, labour court shall follow as nearly as
possible summary procedure as provided under Cr.P.C and shall have the same
powers as are versed in the Court of Magistrate of first class specially empowered
under section 30 of Cr.P.C.
B. While adjudicating Industrial dispute: For the purpose of adjudicating and
determining any industrial dispute, a labour court shall deem to be a civil court and
follow the procedure as provided under C.P.C and shall have the same power as are
vested in such court under C.P.C and the powers are following:

 To grant relief.
 To grant interim relief.
 To grant adjournment.
  To enforce attendance of any person.
 Power to examiner.
 To compel production of documents etc.
 To issue commissions.
 To determine grievances of workmen.

CONCLUSION:

The labour in India consists of about 487 million workers, the second largest after China.
India ha numerous labour laws such as those prohibiting discrimination and child labour,
those that aim to guarantee fair and human conditions of work, those that provide social
security, minimum wage, right to organize, form trade unions and enforce collective
bargaining. India is considered to be highly regulated and most rigid labour law countries in
the world. They need to be flexible for their proper implementation and should be reviewed
from time to time keeping in tune with the labour and economy’s dynamics.

The Labour Courts deal with all types of the disputes between employers and employees
under the provisions of Industrial Disputes Act and other Labour Laws to settle the Industrial
disputes, the Act provides mainly three courts that are Labour Court, Industrial Tribunal and
National Tribunal or National Industrial Tribunal.

To conclude, I can say, that the labour court is judicial forum to resolve the disputes between
employers and workmen. It has two-fold jurisdiction viz civil and as well as criminal, but it is
not subordinate to the High Court. The labour court is left with owner discretion to decide
what is just and fair in the circumstances of each case, having regard, fairness and social
justice.

BIBLOGRAPHY:

 WEBSITES:

 http://labour.nic.in/
 http://www.ilo.org/global/lang‐‐en/index.htm
 http://www.legalserviceindia.com/legal/article-979-labour-courts-the-
industrial-disputes-act-1947.html
 http://www.legalserviceindia.com/legal/article-979-labour-courts-the-
industrial-disputes-act-1947.html
  https://labour.gov.in/organizationsofmole/central-government-industrial-
tribunal-cgit-cum-labour-courts
 https://www.lawteacher.net/free-law-essays/employment-law/power-of-
labour-courts-and-tribunals-employment-law-essay.php
 https://www.slideshare.net/shuklamohit89/industrial-dispute-act-
194715559340? next_slideshow=1

 ARTICLES:

 Labour Courts by Nikita Sharma.

 RESEARCH PAPERS:

 Evaluation of the Labour Court as an Instrument for Dispute Resolution in

Zimbabwe.
 Labour Court administration in India by Dr Debi S. Saini, Institute for
Integrated Learning in Management