Law and Case Commentaries

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 cas...