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CHAPTER XII.
LABOUR COURT.
77. The territorial jurisdiction of Labour Courts shall extend to the local areas for which they are constituted.
78. (1) Labour Court shall have power to-
A. decide--
(a) dispute regarding--
1[(I) the propriety or legality of an order passed by an employer acting or purporting to act under the standing orders ;]
(ii) the application and interpretation of standing orders ;
(iii) any change made by an employer or desired by an employee in respect of an industrial matter specified in Schedule III and matters arising out of such change ;
(b) industrial disputes-
(i) referred to it under section 71 or 72;
(ii) in respect of which it is appointed as the arbitrator by a submission;
(c) Whether a strike, lock-out, 2[closure, stoppage] or any change is illegal under this Act;
B. try offences punishable under this Act and where the payment of compensation on conviction for an offence is provided for , determine the compensation order its payment;
C. require any employer to-
(a) withdraw any change which is held by it to be illegal, or
(b) carry out any change provided such change is a matter in issue in any proceeding before it under this Act.
(2) Every offence punishable under this Act shall be tried by the Labour Court within the local limits or whose jurisdiction it was committed.
Explanation.-A dispute falling under
clause (a) of paragraph A of sub-section (1) shall be deemed to have
arisen if within the period prescribed under the proviso to sub-section
(4) of section 42, no agreement is arrived at in respect of an order,
matter or change referred to in the said proviso.
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1
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This paragraph was substituted for the original
by Bom. 63 of 1953, s.19.
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2
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These words were inserted by Bom. 74 of 1948, s. 13. |
79. (1) Proceedings before a Labour Court in respect of disputes falling under clause (a) of paragraph A of sub-section (1) of section 78 shall be commenced on an application made by any of the parties to the dispute, a special application under sub-section (3) of section 52 or an application by the Labour Officer 1[or a representative union] and proceeding in respect of a matter falling under clause (c) or the said paragraph A on an application made by any employer or employee directly affected or the Labour Court 1[or a representative Union].
(2) Every application under sub-section (1) shall be made in the prescribed from and manner.
(3) An application in respect of a dispute falling under clause (a) of paragraph A of sub-section (1) of section 78 shall be made,--
(a) If it is a dispute falling under sub-clause (i) or (ii) of the said clause, within three months of the arising of the dispute;
(b) If it is a dispute falling under sub-clause (iii) of the said clause, within three months of the employee concerned having last approached the employer under the proviso to sub-section (4) of section 42.
(4) An application in respect of a matter falling under clause (c) of paragraph A of sub-section 78 shall be made within 2[six months] of the commencement of the strike, 3[Lock-out, clouser or stoppage] or of the making of the illegal change, as the case may be :
4[Provided that the Labour Court may, for sufficient reasons, admit any application for a declaration that a change is illegal under this act, after the expiry of 2[six months] from the date on which change was made :
Provided further that when an application is admitted after the expiry of 2[six months] under the preceding proviso the employer who made the change shall not be liable to the penalty provided under section 100.]
5[80. On receipt
of an application under section 79 the Labour Court shall issue a notice
to all parties affected by the dispute in the manner provided by rules
under section 85. Subject to the provisions of Chapter V, the Labour
Court may permit the parties so affected to appear in the manner provided
by the provisions of sections 80A to 80C. The Labour Court shall then
hold an inquiry.
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1
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This paragraph was substituted for the original
by Bom. 63 of 1953, s.19.
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2
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These words were inserted by Bom. 74 of 1948, s. 13. |
80A. (1) Where an application is filed, under section 79 by an employer or the Labour Officer for the decision of the Labour Court, and the employees affected are numerous persons having the same interest, the Court may permit one or more of such employees to appear and to defend the application on behalf of all the employees so interested.
(2) In such case the Labour Court shall also direct notice of the filing of the application to be given to all such employees at the applicant's expense either by personal service or where from the number of employees or any other cause such service is not reasonably practicable, by public advertisement and by causing the notice with its translation in a regional language to be affixed by the applicant at the entrance through which the majority of the employees enter the premises for their work. The person affixing the notice and publishing the advertisement shall file an affidavit in the Court of his having done so.
80B. Any employee, who is not permitted to appear under section 80A but on whose behalf the application is defended may apply to the Court to make him a party to such application. The Court may grant such application, if it is satisfied that the interest of the employee will be severally and materially affected to his prejudice I he is not joined as a party to the application.
80C. (1) Where there are numerous employees having the same interest, one or more o such employees, or the Labour Officer, may with the permission of the Court, file an application under section 79. Such application may be made on behalf of and for the benefit of all the employees, The court shall, in such cases direct the notice of the filling of the application to be given to such employees at the applicant's expenses either by personal service or where from the number of employees or any other cause, such service is not practicable, by public advertisement. The person publishing the advertisement shall file an affidavit in the Court of his having done so.
(2) An employee on whose behalf an application is filed under sub-section (1) may apply to the Court to make him a party to such application. The Court may grant such application if it is satisfied that his interest will be severally and materially affected to his prejudice if he is not joined as a party to the application.
80D. In an
inquiry under sections 80 and 80A to 80C the Judge presiding over the
Labour Court shall himself, as such inquiry proceeds, record a minute
of the proceedings in his own hand, embracing the material averments
made by the parties affected and the material parts of the evidence.
The decision shall be signed by him and shall set forth the grounds
on which s based.]
81. A Labour Court may refer any question of law arising in any proceeding before it to the Industrial Court for decision. Any order passed by the Labour Court in such proceeding shall be in accordance with such decision.
82. No Labour Court shall take cognizance of any offence except on a complaint 1[of facts constituting such offence made by the person affected thereby] 2[or by a representative union which is also an approved union,] or on a report in writing by the Labour Officer.
83. In respect of offence punishable under this Act, a Labour Court shall have all the powers under the Code of Criminal Procedure, 1898, 3[of a Magistrate of First Class], and in the trial of every such offence shall follow the procedure laid down in Chapter XXII of the said Code for a summary trial in which an appeal lies; and the rest of the provisions of the said Code shall, so far as may be, apply to such trial.
4[83A. Except in a proceeding in connection with an offence under this Act, legal practitioner shall not be entitled to appear before a Labour Court on behalf of any pry in any other proceeding under this Act, save with the permission of such Court.]
84. (1) Notwithstanding anything contained in
section 83 an appeal shall be to the Industrial Court-
(a) against a decision of a Labour Court in respect of a matter falling under clauses (a) or (c) of paragraph A of sub-section (1) of section 78 except to the extent to which it determines whether a strike, 5[Lock-out, closure or stoppage] was illegal or not, or a decision of such Court under paragraph C of sub-section (1) of the said section;
(b) against a conviction by a Labour Court by the person convicted;
(c) against an acquittal by Labour Court in its special jurisdiction, by the 6[State] Government.
(d) for enhancement of a sentence awarded by a Labour Court in its special jurisdiction by the 6[State] Government.
(2) every appeal shall be made
within thirty days from the date of the decisions, conviction, acquittal
or sentence, as the case may be :
Provided that the industrial Court may
for sufficient reasons allow an appeal
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1
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These words were substituted for the words "by the person affected of acts of constituting such offence" by Bom. 55 of 1949, s. 13. |
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2
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These words were inserted by Guj. 8 of 1962, s.14. |
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3
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These words were inserted for the word " of a Presidency Magistrate in Greater Bombay and a Magistrate of First Class elsewhere" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Orders, 1960. |
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4
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Section 83A was inserted by Bom. 55 of 1949, s. 14. |
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5
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These words were substituted for the words "or lock-out" by Bom. 74 of 1948, s. 15. |
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6
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This words was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. |
85. 1[(1)] The industrial Court shall have superintendence over all Labour Courts and may-
(a) call for returns;
(b) make and issue general rules and prescribed forms for regulating the practice and procedure of such Courts in matters not expressly provides for by this Act and, in particular, for securing the expeditious disposal of case;
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such Courts;
(d) settle a table of fees payable for process issued by a Labour Court or the Industrial Court.
1[(2) The Industrial Court may, by order in writing and for reasons to be stated therein withdraw any proceeding under this Act pending before a Labour Court and transfer it for disposal to another Labour Court which may, subject to any special directions in the order of transfer, proceed in the matter either de novo or from the stage at which it is so transferred.]
86. Except as otherwise provided by this Act, no decision, award or order of a Labour Court shall be called in question in any proceeding in any Civil or Criminal Court.
2[86A.
(1) A Labour Court shall have the power to direct by whom the whole
or any part of the costs of any proceeding before it shall be paid :
Provided that, no such costs shall be directed to be paid for the services of any legal adviser engaged by any party.
(2) The provisions of section 93 shall apply to an order under this section in the same manner as they apply to an order of the Industrial Court.]
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Territorial jurisdiction. Powers of Labour Court |
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Territorial jurisdiction. Powers of Labour Court |
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Procedure to be followed in an application under section 79 by an employer when employees affected are numerous.
Procedure to be followed in an application under section 79 by employees when employees affected are numerous.
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Industrial
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