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LABOUR COURTS
In the year 1960, three Labour Courts were functioning. At
present total 44 Labour Courts are sanctioned and 35 Labour
Courts are functioning while eight Labour Courts are vacant
as on 1.12.2001.
To cope up with increasing number of cases, Industrial
courts/Industrial Tribunals and Labour Courts are doing their
best to dispose of as many cases as possible. Cases regarding
reinstatement of workmen are given priority For the convenience
of the Workers, Industrial courts and Labour Courts are sanctioned
in different districts so that they can get justice at their
doorsteps & industrial peace can be maintained.
There are 14969 cases pending before the Industrial
Courts and also 1,31,835 cases are pending before the Labour
courts as on 31.10.2001 in the State, Continuous and strenuous
efforts are being made to dispose of these pending cases.
In spite of setting up more Courts for speedy disposal
of cases, "Lok Adalats" are being organized to achieve
quicker disposal and till date 71 such "Lok Adalats"
have been organized at different places and 42,327
cases are disposed of.
Moreover, as proposal for two Labour courts each at
Dahod and Godhra is made as new item for the financial year
2001-2003.
Thus, the numbers of Industrial courts and Labour courts
have been increased from time to time for speedy disposal
of pending cases.
Constitution
of Labour Courts is for adjudication of Industrial disputes
relating to any matter specified in the second schedule and
for performing such other functions assigned to them under
the Act. Matters coming under the second
schedule
are :-
1.
The propriety or legality of an order passed by an employer
under the standing orders;
2. The application and interpretation of standing orders;
3. Discharge or dismissal of workmen including reinstatement
of, or grant of relief to workmen wrongfully dismissed;
4. Withdrawal of any customary concession or privilege;
5. Illegality or otherwise of a strike or lock-out and
6. All matters other than those specified in the Third schedule.
Industrial
Tribunals are required to adjudicate disputes relating to
any matter, whether specified in the second schedule or the
third schedule and for performing such other functions as
may be assigned to them under the Act. Matters covered by
the Third Schedule are :-
1.
Wages, including the period and mode of payment.
2. Compensatory and other allowances;
3. Hours of work and rest intervals;
4. Leave with wages and holidays;
5. Bonus, profit sharing, provident fund and gratuity.
6. Shift working otherwise than in accordance with standing
orders;
7. Classification by grades;
8. Rules of discipline;
9. Rationalization;
10. Retrenchment of workmen and closure of establishment;
and
11. Any other matter that may be prescribed.
Constitution
of national tribunal is for adjudication of Industrial disputes,
which in the opinion of the General 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 dispute. The Act does
not confine the disputes either to the second schedule or
to the third schedule. Obviously disputes relating to matters
covered both by the second schedule and the third schedule
may be referred to national tribunals.
Miscellaneous
functions like giving permission under section 33(1) for change
in conditions of service and for dismissal or discharge, giving
approval under section 33 (2)(b) to dismissal or discharge,
adjudication of complaint under section 33-A for contravention
of provisions of section 33 and computation under section
33-C(2) of monetary entitlement of workmen from employers,
are such other functions assigned to Labour Court. These miscellaneous
adjudicatory functions are also required to be discharged
by Industrial Tribunals and National Tribunals, if the related
matters come up before them.
3.
Entrustment of limited adjudicatory functions under the scheme
of the Act also to conciliators and arbitrators.
The
Act does not permit direct access to the adjudicatory jurisdiction
of Labour Courts/ Tribunals.
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