for the purpose of the Act means "any dispute or difference between employers and workmen, or between workmen and workmen connected with the employment or non-employment, or the terms of the employment or with the conditions of labour of any person". The Court is an independent Tribunal and is not subject to any Government or Departmental control or influence.
The Court consists of persons appointed by the Minister of Labour and National Service, of whom some are independent persons, some are persons representing employers, and some, persons representing workmen.
The President of the Court, and the Chairman of any division of the Court, is appointed by the Minister of Labour from among the independent persons who are members of the Court.
The Act provides that for the purpose of dealing with any matter submitted to it, the Court shall be constituted by such members of the Court as the President directs.
In addition to its judicial functions of determining matters that may be
The referred to it, the Court has certain advisory or consultative duties. Minister of Labour is empowered under the Act to refer to it for advice on any matter relating to or arising out of any trade dispute or any other matter which, in his opinion, ought to be so referred.
In accordance with powers given him by the Act, the Minister of Labour and National Service has made rules regulating the procedure of the Court. These rules permit the Court to call in assessors; provide that the Court may, with the consent of the partics, act notwithstanding any vacancy in its number;
that it may decide any question as to the interpretation of an Award, either after hearing the parties or without a hearing if the parties consent, and that, with the consent of the Court, partics may be represented by Counsel or Solicitors.
It is provided in the Act that where members of the Court are unable to agree as to their Award, the matter shall be decided by the Chairman acting with the full powers of an umpire.
From its inception to the end of 1933, the Court has issued 1,717 Awards.
(ii) Individual Arbitrators.
The second form of procedure provided by the Conciliation Act, 1896, and the Industrial Courts Act 1919, is the reference of differences or trade disputes, either existing or apprehended, to the arbitration of one or more persons chosen and appointed by the Minister of Labour and National Service. If desired by the parties, arrangements are made for the arbitrators to sit with assessors appointed by and representing each side. These assessors are not formally associated with the Award of the Arbitrator in any way and the part they may play in the proceedings is at the discretion of the chairman.
(iii) Ad hoc Boards of Arbitration.
A third method of arbitration provided by the Industrial Courts Act, 1919, consists in the setting up of an ad hoc Board of Arbitration consisting of one or more persons nominated by the employers concerned and an equal number of persons nominated by the workpeople concerned, under the chairmanship of a person nominated by the Minister. For the purpose of facilitating the nomination of persons to act as members of such boards, the Minister is required by the Act to constitute panels of suitable persons.
...
Normally, a Board has only three Members, the Chairman, one Representative of Employers and one Representative of Workers and it is the practice of the Minister to consider the wishes of the parties with regard to the selection of representative Members to serve on a Board. Even in the case of the Chairman the Minister has, where it seemed desirable, appointed a Chairman suggested and agreed upon by both sides. If each side desires to have representatives of its own choosing, then the Minister accepts and appoints the representatives nominated, and no objection is raised because nominated
13.
No comments yet.
Private notes are available after approval.