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Let me know, difference between Industrial court and Labour court with their duties
The Labour Court is the first court and the Industrial Court is the appellate court in the MP Industrial Relations Act 1960 modelled on the basis of BIR Act. All matters lie before the Labour Court and it is the original court.
Dear Satish,
The matters with in the Jurisdiction of Labour Courts (Section 7) THE SECOND SCHEDULE of Industrial Dispute Act:
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.
The matters with in the Jurisdiction of Industrial Tribunals (Section 7A)THE THIRD SCHEDULE of Industrial Dispute Act, as follows
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.
But the appropriate Govt can even send the cases to any of these two for quick disposal of cases.
The Industrial Relations Act (be it BIR or MPIR Act) is an improvement on ID Act containing significant provisions like identification of bargaining agent by the State by way of Representative Union, its status of being sole bargaining agent, binding nature of agreement with the Representative Union, direct filing of termination cases in the labour court, practical impossibility of holding a legal strike or lock out etc. In the said Acts, the Labour Court is the original forum of adjudication and Industrial Court is the appellate forum. The provisions of ID Act are different and are not applicable in IR Act matters.
Can anyone suggest books for UGC Net sub code-55??
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