Hi Friends, May I please know why & in what circumstances Industrial Tribunal & Courts of Enquiry are constituted. Regards Manish
From India, Mumbai
From India, Mumbai
Hi Manish,
I would not be able to say much on Courts Of Enquiry. Both are constituted under Industrial Disputes Act. Courts Of Enquiry is constituted for a specific dispute, but its constitution is very rare (I am yet to come across one).
Industrial Tribunals along with Labour Courts function in every state just like any other court (District, High court etc..) to resolve industrial disputes.
Any Industrial Dispute is first taken up by the Conciliation Officer. Once it fails at conciliation, Conciliation Officer sends failure report to the Govt. on which Govt. decides whether to refer the case for adjudication or not. If Govt. decide to send the case for adjudication, it is referred to either Labour Court or Industrial Tribunal. In ID Act, it is specified as to what type of cases should be referred to Labour Court and what type to Industrial Tribunal (This is the only difference between two). Decision of Industrial Tribunal/ Labour Court can be challenged only in High Court.
Second point is that employee or employer can not directly go to the IT/LC(Industrial Tribunal/Labour Court) except in some cases where direct monetary loss can be proved.
Third important point is that IT/LC are framed to adjudicate on Industrial Disputes and therefore other Courts like Munsif or District Courts can take up Industrial Disputes.
KKT
From India, Delhi
13I would not be able to say much on Courts Of Enquiry. Both are constituted under Industrial Disputes Act. Courts Of Enquiry is constituted for a specific dispute, but its constitution is very rare (I am yet to come across one).
Industrial Tribunals along with Labour Courts function in every state just like any other court (District, High court etc..) to resolve industrial disputes.
Any Industrial Dispute is first taken up by the Conciliation Officer. Once it fails at conciliation, Conciliation Officer sends failure report to the Govt. on which Govt. decides whether to refer the case for adjudication or not. If Govt. decide to send the case for adjudication, it is referred to either Labour Court or Industrial Tribunal. In ID Act, it is specified as to what type of cases should be referred to Labour Court and what type to Industrial Tribunal (This is the only difference between two). Decision of Industrial Tribunal/ Labour Court can be challenged only in High Court.
Second point is that employee or employer can not directly go to the IT/LC(Industrial Tribunal/Labour Court) except in some cases where direct monetary loss can be proved.
Third important point is that IT/LC are framed to adjudicate on Industrial Disputes and therefore other Courts like Munsif or District Courts can take up Industrial Disputes.
KKT
From India, Delhi
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