LABOUR COURTS

In the year 1960, three Labour Courts were functioning. At present total 44 Labour
Courts are sanctioned and 35 Labour Courts are functioning while eight Labour Courts
are vacant as on 1.12.2001.
To cope up with increasing number of cases, Industrial courts/Industrial Tribunals and
Labour Courts are doing their best to dispose of as many cases as possible. Cases
regarding reinstatement of workmen are given priority For the convenience of
the Workers, Industrial courts and Labour Courts are sanctioned in different districts so
that they can get justice at their doorsteps & industrial peace can be maintained.
There are 14969 cases pending before the Industrial Courts and also 1,31,835 cases are
pending before the Labour courts as on 31.10.2001 in the State, Continuous and
strenuous efforts are being made to dispose of these pending cases.
In spite of setting up more Courts for speedy disposal of cases, "Lok Adalats" are being
organized to achieve quicker disposal and till date 71 such "Lok Adalats" have been
organized at different places and
42,327 cases are disposed of.
Moreover, as proposal for two Labour courts each at Dahod and Godhra is made as new
item for the financial year 2001-2003.
Thus, the numbers of Industrial courts and Labour courts have been increased from time
to time for speedy disposal of pending cases.
Constitution of Labour Courts is for adjudication of Industrial disputes relating to any
matter specified in the second schedule and for performing such other functions assigned
to them under the Act. Matters coming under the second
schedule are :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.
Industrial Tribunals are required to adjudicate disputes relating to any matter, whether
specified in the second schedule or the third schedule and for performing such other
functions as may be assigned to them under the Act. Matters covered by the Third
Schedule are :-

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.
Constitution of national tribunal is for adjudication of Industrial disputes, which in the
opinion of the General Government, involve questions of national importance or are of
such a nature that Industrial establishments situated in more than one State are likely to
be interested in or affected by such dispute. The Act does not confine the disputes either
to the second schedule or to the third schedule. Obviously disputes relating to matters
covered both by the second schedule and the third schedule may be referred to national
tribunals.
Miscellaneous functions like giving permission under section 33(1) for change in
conditions of service and for dismissal or discharge, giving approval under section 33 (2)
(b) to dismissal or discharge, adjudication of complaint under section 33-A for
contravention of provisions of section 33 and computation under section 33-C(2) of
monetary entitlement of workmen from employers, are such other functions assigned to
Labour Court. These miscellaneous adjudicatory functions are also required to be
discharged by Industrial Tribunals and National Tribunals, if the related matters come up
before them.
3. Entrustment of limited adjudicatory functions under the scheme of the Act also to
conciliators and arbitrators.
The Act does not permit direct access to the adjudicatory jurisdiction of Labour Courts/
Tribunals.