Labour is a subject in the Concurrent Listunder the Constitution of India where both the Central and State Governments are competent to enact legislation subject, however, to reservation of certain matters for the Central Government.
The Ministry of Labour and Employment seeks to protect and safeguard the interests of workers in general and those who constitute the poor, deprived and disadvantaged sections of the society, in particular, with due regard to creating a healthy work environment for higher production and productivity, and developing and coordinating vocational skill training and employment services.
Government's attention is also focused on promotion of welfare activities and providing social security to the labour force both in the organised and unorganised sectors, in tandem with the process of liberalisation. These objectives are sought to be achieved through enactment and implementation of various labour laws, which regulate the terms and conditions of service and employment of workers.
Labour Courts in India are specialized judicial bodies constituted by the appropriate government (either central or state) to adjudicate industrial disputes and perform other functions assigned to them under the Industrial Disputes Act, 1947. These courts play a crucial role in maintaining industrial peace and ensuring fair resolution of disputes between employers and employees.
Key aspects of Labour Courts in India:
•Constitution and Composition:
The appropriate government can constitute one or more Labour Courts, each consisting of a single presiding officer appointed by the government.
•Qualifications of Presiding Officer:
The presiding officer must be a person who is or has been a High Court Judge, a District Judge or Additional District Judge for a specified period, or has held judicial office for a minimum number of years, or has experience as a Labour Court Presiding Officer under a
•Provincial or State Act.
Jurisdiction:
Labour Courts handle industrial disputes relating to matters specified in the Second Schedule of the Industrial Disputes Act, 1947.
•Role and Function:
Labour Courts adjudicate disputes, conduct inquiries, and ensure compliance with labour laws and regulations.
•Enforcement of Orders:
The decisions of Labour Courts are binding on all parties involved and are enforceable in the same manner as civil court decrees.
•Central Government Industrial Tribunal-cum-Labour Courts (CGIT-cum-LCs):
These are specifically established under the Industrial Disputes Act for the adjudication of industrial disputes arising in the Central sphere, with 22 CGIT-cum-LCs set up
across various states.
National Tribunals:
Some CGIT-cum-LCs, like CGIT-cum-LC No. 1, Mumbai, and CGIT-cum-LC, Kolkata, also function as National Tribunals.
In essence, Labour Courts in India are essential for:
Providing a specialized forum for resolving industrial disputes.
Ensuring fair and just resolution of conflicts between employers and employees.
Contributing to a harmonious industrial relations environment.