Labour Courts for disputes in India
What is an industrial dispute?
Dismissal, etc., of an individual workman to be deemed to be an industrial dispute. Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute or difference between that workman and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other workman nor any union of workmen is a party to the dispute.
[Section 2A] of the Industrial Dispute Act 1947.
If Central Government is of opinion that any industrial dispute exists or is apprehended and the dispute involves any question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such dispute and that the dispute should be adjudicated by a National Tribunal, [Section 10 (1A)] of the Industrial Dispute Act 1947.
Labour Court cadre: It is constituted in the cadre of District judge or an Additional District Judge.
The following are the disputes mentioned in the second schedule of the Industrial Dispute Act 1947, that are adjudicated and are dealt by labour courts in India.
THE SECOND SCHEDULE
Matters within the jurisdiction of Labour Courts
1. The propriety or legality of an order passed by an employer under the standing orders;
2. The application and interpretation of standing order;
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 THIRD SCHEDULE
Note: Where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court.
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;
10. Retrenchment of workmen and closure of establishment; and
11. Any other matter that may be prescribed.
Employment / Labour Laws in India (Latest Amendments included)