The nature of the duties and functions of the Industrial Tribunal:
The nature of the duties and functions of the Industrial Tribunal:
In Case of Bharat Bank Ltd. Case, H J Kania, CJ opined that, “the
functions and duties of the Industrial Tribunal are very much like those of a
body discharging judicial functions, although it is not a Court. The rules
framed by the Tribunal required evidence to be taken and witnesses to be
examined, cross-examined and re-examined. The Act constituting the Tribunal
imposes penalties for incorrect statements made before the Tribunal. While the
powers of the Industrial Tribunal in some respects are different from those of
an ordinary Civil Court and it has jurisdiction and powers to give reliefs
which a Civil Court administering the law of the land (for instance, ordering
the re-instatement of a workman) does not possess in the discharge of its
duties it is essentially working as a judicial body. The fact that it
determination has to be followed by an order of the Government which makes the
award binding, or that in cases where Government is a party the legislature is
permitted to revise the decision, or that the Government is empowered to fix
the period of the operation of the award do not, to my mind, alter the nature
and character of the functions of the Tribunal. Having considered all the
provision of the Act it seems to me clear that the Tribunal is discharging
functions very near those of a Court, although it is not a Court in the
technical sense of the word.”[1]
There can be no doubt that the industrial tribunal has, to use a
well-known expression, "all the trappings of a Court" and performs
functions which cannot but be regarded as judicial. This is evident from the
rules by which the proceedings before the tribunal are regulated. It appears
that the proceeding before it commences on an application which in many
respects is in the nature of a plaint. It has the same powers as are vested in
a Civil Court under the Code of Civil Procedure when trying a suit, in respect
of discovery, inspection, granting adjournment, reception of evidence taken on
affidavit, enforcing the attendance of witnesses, compelling the production of
documents, issuing commissions, etc. It is to be deemed to be a Civil Court
within the meaning of secs. 480 and 482 of the Criminal Procedure Code, 1898.
It may admit and call for evidence at any stage of the proceeding and has the
power to administer oaths. The parties appearing before it have the right of
examination, cross- examination and re-examination and of addressing it after
all evidence has been called. A party may also be represented by a legal
practitioner with its permission.[1]
The main function of this tribunal is to adjudicate on industrial
disputes which implies that there must be two or more parties before it with
conflicting cases, and that it has also to arrive at a conclusion as to how the
dispute is to be ended. [1]
When the dispute has to be
adjudicated in accordance with the provisions of the Act, it follows that the
tribunal has to adhere to law, though that law may be different from the law
that an ordinary Court of justice administers. It is noteworthy that the
tribunal is to consist of experienced judicial officers and its award is defined
as a determination of the dispute. The expression "adjudication"
implies that the tribunal is to act as a Judge of the dispute; in other words,
it sits as a Court of justice and does not occupy the chair of an
administrator. It is pertinent to point out that the tribunal is not given any
executive or administrative powers.[1]
References:
[1] The Bharat Bank Ltd., Delhi vs The Employees Of The Bharat Bank
Ltd., [(1950)SUPPSC1R317]
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