The document discusses Labour Courts in India. Key points: - Labour Courts are constituted under Section 7 of the Industrial Disputes Act, 1947 by state governments to adjudicate industrial disputes related to matters in the Second Schedule. - Labour Courts consist of a single presiding officer appointed by the state government who must have past experience as a high court judge, district judge, or presiding officer of a Labour Court. - The Second Schedule outlines the jurisdiction of Labour Courts, including issues related to standing orders, workmen discharge/dismissal, strikes/lock-outs, and other matters not in the Third Schedule. - Labour Courts have powers like inspecting premises, following civil court procedures, appointing

1. LABOUR COURTS

2. Section 2 (kkb)- Definition
Labour Court means a Court constituted under
section 7 of the Act

3. Section 7- constitution of labour
courts
 (1) The appropriate Government may, by notification
in the Official Gazette, constitute one or more Labour
Courts for the adjudication of industrial disputes
relating to any matter specified in the Second
Schedule and for performing such other functions as
may be assigned to them under this Act.
(2) A Labour Court shall consist of one person only to
be appointed by the appropriate Government.

4.  Qualification for the appointment of a Presiding
Officer of the Court
(i) He is or has been a judge of high court
(ii) He has for a period of not less than 3 years, been a
district judge or an additional judge
(iii) He has held any judicial office in India for not less
than 7 years
(iv) He has been the presiding officer of labor Court
constituted under any Provision Act for not less than 5
years
Disqualifications :
Section 7-C of the Industrial Dispute Act,1947
prescribes Disqualifications for the presiding officer to
be appointed to the Labor Court. It provides that no
person shall be appointed to or continue in office if:
(a) He is not an independent person; or
(b) he has attained the age of 65 years

5. Second schedule- jurisdiction
 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; &
 6. All matters other than those specified in the Third
Schedule.

6. According to [Sec 10 (1) (c)] matters specified in
THIRD SCHEDULE, dispute not effecting more
than 100 workers can be referred to labour court.
According to [Sec 10 (2)] when parties in the
industrial dispute apply to the government to refer
dispute to the labour court and if government
satisfies it shall make the reference to the labour
courts.
According to [Sec 10 (6)] no Labour Court or
Tribunal shall have jurisdiction to adjudicate upon
any matter which is under adjudication before the
National Tribunal.

7.  Performing such other functions as may be assigned to it
under the Industrial Dispute Act, 1947
The Other matters assignable on the Labor Court are:
(1) Voluntarily reference of dispute by written
agreements between the parties under Section 10(2)
(2).Arbitration reference under Section 10A;
(3) Permission to or approval of the action of
discharge under Section 33;
(4) Complaint by the aggrieved employees under
Section 33A;
(5) Application under Section 33(c)2A for the
computation of any money or any benefit which is
capable of being computed in the terms of money.
(6) Reference of awards or settlement for the
interpretation in case of difficulty or doubt under Section
36AA

8. Section 11- Functions of labour
court
1. INSPECTION OF PREMISES
2. POWERS OF CIVIL COURT
3. JUDICIAL PROCEEDINGS
4. APPOINTMENT OF ASSESSOR
5. POWER TO DETERMINE COSTS
6. RELIEF IN DISCHARGE OR DISMISSAL
OF WORKMEN