Central Government Industrial Tribunal

The Central Government and respective state Governments can set up one or more Industrial Tribunals for settling cases in relation to matters of industrial disputes, by notification in the Official Gazette , for issues specified in the second or third schedule or any others relating to it.[1]

There are 22 Central Government Industrial Tribunals across India.[2][3]

Following are the different types of courts:

• Labour Court

• Industrial Tribunal and National Tribunal or

• National Industrial Tribunal.

Central Government Industrial Tribunal consists of a chairman and two members.

Following matters can be subjected to labour dispute with Central Government Industrial Tribunal

• Labour legislations and policies
• labour policies related to safety,health,social security and welfare.
• Legislations and policies related to women and child labour;
• Labour law enforcement and industrial relations.
• Resolving Industrial disputes through National Industrial Tribunals, Central Government Industrial Tribunals-cum-Labour Courts
• Education of workers
• Statistics relating to labour employment
• Labour immigration on employment
• Vocational courses training and other employment services.
• Labour administration and employment
• Any labour and employment issues needing International Cooperation.

India has labour laws relating to different aspects of labour benefits like law governing minimum wages and payment of wages, law on the issue of bonus, gratuity provisions, provident fund and pension fund contribution, provisions on working conditions and accident compensations, etc. The Government of India passed certain central legislations in the interest of labour like Employees State Insurance Act, the Employees Provident Fund and Miscellaneous Provisions Act, Equal Remuneration Act,Maternity Benefits Act, Payment of Wages Act, Minimum Wages Act etc.

Additionally respective State Governments have a dedicated ministry for Labour through its Labour Department, which operates at district level, ensuring compliance with State labour laws (viz, State Shops and Establishments Act, Labour Welfare Fund Act, etc) .

(a) While trying offences

Labour Court follows summary procedure provisions as laid down under Criminal Procedure Code and has powers vested to first class magisterate as specified under section 30 of the code for trying any offence.

(b) For Deciding cases of Industrial Dispute

A labour court is deemed to be a civil court in cases relating to judging and deciding issues of industrial disputes, and is bound to follow Criminal Procedure Code guidelines and is vested with the powers of such court.

(c) Issues in relation to Rights under Special Acts

Labour courts applies relative procedures in case litigants are conferred with specific rights but retains the power to decide,try and adjudicate conferred to it under PIRA 2010 but with no specific procedures.

Following are the powers of Central Government Industrial Tribunal.[1]

i. Grant of Full and Complete Relief - Aggrieved party can be entitled full and complete relief by the court.[4]

ii. Grant of Interim Relief - Court is granted inherent powers to grant to interim relief.[5]

iii. Adjournment - If sufficient reasons are shown the court can adjourn cases.

iv. Enforcing Personal attendance - For deciding any issue before it the court can issue summons or proclamation and enforce attendance of any persons for deciding the same.

v. Examiner power - Any person can be examined under the oath as per the powers of Court.

vi. Compelling production of any document - For deciding any matter before it, the court can also compel the production of any object or documents relating to it.

vii. issuing Commissions - Labour courts for the purpose of examination of witnesses or documents, had been empowered with powers to issue commissions

viii. Ex-part Proceedings - In case any party to the case fails to appear before it, the court has power to proceeding ex-parte.

ix. Resolving any other workmen grievance - The court can pass such order as it may feel just and proper after determining facts of each case after determining facts of each case for determining grievance of workmen.

Central Government Industrial Tribunal faces following changes:

Delay in judgements due to understaffing.[6]

• Tribunals in India

• Official Website