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Role of Presiding Officers of Labour Courts and Industrial Tribunals



This article is related to the Role of Presiding Officers of Labour Courts and Industrial Tribunals in the context of Bihar.

The industrial and labour dispute resolution mechanism in India is a cornerstone for maintaining industrial peace and ensuring justice to both employers and workers. At the heart of this mechanism lies the Presiding Officer of Labour Courts (LC) and Industrial Tribunals (IT). These officers are entrusted with a quasi-judicial role under various labour legislations, making decisions that can impact the livelihood of workers and the operational viability of industries.

This article outlines the legislative framework in which Presiding Officers operate, their specific functions under different Acts, and their overall role in the justice delivery system within labour law.

1. Understanding the Position of the Presiding Officer

A Presiding Officer is the head of a Labour Court or an Industrial Tribunal. They are appointed under the provisions of the Industrial Disputes Act, 1947 and other related statutes. Their main responsibility is to adjudicate disputes between employers and workmen, interpret provisions of labour laws, and ensure fair and lawful outcomes.

The qualifications for appointment include:

  • Being or having been a judge of a High Court, or

  • Having been a District Judge or Additional District Judge for at least three years, or

  • Possessing similar judicial experience as prescribed under the Act.

The Presiding Officer acts in a judicial capacity, meaning their decisions carry the force of law and can be appealed or challenged in higher courts only on specific grounds.

2. General Functions of the Presiding Officer

Across different Acts, the Presiding Officer:

  1. Hears cases referred by appropriate authorities such as Deputy Labour Commissioners (DLCs) or Assistant Labour Commissioners (ALCs).

  2. Adjudicates claims and disputes arising from violations of labour laws.

  3. Acts as an appellate authority in certain legislations where appeals from lower officers are provided for.

  4. Ensures compliance with labour rights relating to wages, compensation, and service conditions.

  5. Gives awards or orders that are binding on the parties for a specified period.

3. Act-Wise Role of the Presiding Officer

Below is the detailed role of the Presiding Officer under various important labour legislations, based on the statutory functions assigned to them:

a) The Employees' Compensation Act, 1923

  • DLCs perform the primary role as Compensation Commissioners in this Act in the context of Bihar.

  • The Presiding Officer of a Labour Court or Industrial Tribunal acts as a Compensation Commissioner only for matters referred by the DLCs.

  • Importantly, appeals against the orders of the Commissioner under this Act lie only before the High Court, as expressly provided in the statute. Labour Courts and Industrial Tribunals do not have appellate jurisdiction in such matters.

  • This typically happens in cases where:

    • The injury or accident compensation claim involves complex legal interpretation.

    • There is an appeal or reference on specific legal points.

b) The Trade Unions Act, 1926

  • Under this Act, the Labour Commissioner, Bihar, is the Registrar and register labour unions under the Trade Union Act, 1926.

  • However, an appeal can be filed before the Presiding Officers of both Labour Courts and Industrial Tribunals.

  • This mainly relates to disputes involving:

    • Registration or cancellation of trade unions.

    • Refusal of the Registrar to register a Trade Union

c) The Payment of Wages Act, 1936

  • Claim cases can be filed before ALCs (having at least two years’ experience) or DLCs.

  • If a party wants to file a claim case before the Labour Court or Tribunal, then the Presiding Officers of Labour Courts or Industrial Tribunals can hear that claim case.

  • These cases generally involve:

    • Unlawful deductions from wages.

    • Delay in wage payment.

    • Non-payment of lawful dues, like overtime.

d) The Minimum Wages Act, 1948

  • DLCs and ALCs can handle the initial claim cases.

  • The Presiding Officer of a Labour Court handles:

    • Claims relating to underpayment or non-payment of minimum wages.

    • Computation of due wages.

  • Appeals against the Presiding Officer’s order can be taken to the Industrial Tribunal.

  • This ensures a two-tier adjudication system—providing both speed and fairness.

e) The Bihar Shops and Establishments Act, 1953

  • Initial claims go before DLCs.

  • The Presiding Officer of the Labour Court hears these cases in a judicial capacity when referred.

  • Appeals against their orders go to the Industrial Tribunal.

  • Common disputes include:

    • Termination without due process.

    • Non-payment of wages.

    • Denial of statutory benefits, like leave or working hours compliance.

f) The Industrial Disputes Act, 1947

  • Conciliation Stage: The role of the conciliation officer (often a Labour Superintendent, DLC or ALC) is to mediate and settle disputes amicably.

  • Adjudication Stage: If conciliation fails, the matter is referred to the Presiding Officer of the Labour Court or Industrial Tribunal as per the Second and Third Schedules of the Act.

  • The Presiding Officer decides:

    • Disciplinary action legality.

    • Retrenchment and lay-off disputes.

    • Demands for wages or allowances.

    • Disputes over employment terms.

  • Awards given by the Presiding Officer are binding for at least one year unless altered by mutual consent or court intervention.

4. Judicial Powers of the Presiding Officer

Under various Acts, the Presiding Officer has powers similar to those of a civil court, including:

  • Summoning witnesses and compelling production of documents.

  • Administering oaths and recording evidence.

  • Issuing commissions for the examination of witnesses.

  • Interim relief orders in urgent cases.

  • Reviewing or correcting clerical mistakes in orders.

5. Importance of the Presiding Officer in the Labour Law Framework

The Presiding Officer plays a pivotal role in ensuring justice in the industrial sector because:

  1. Neutral Decision-Maker – They are independent and not part of the executive chain of DLCs or ALCs.

  2. Specialised Expertise – They interpret labour laws in context, balancing worker rights with industrial productivity.

  3. Finality of Decisions – Their awards and orders carry significant weight and are enforceable by law.

  4. Industrial Peace – By resolving disputes efficiently, they prevent strikes, lockouts, and prolonged unrest.

  5. Worker Protection – They safeguard workers from unlawful termination, wage theft, and unsafe working conditions.

6. Challenges in the Role

While the role is crucial, Presiding Officers face challenges such as:

  • Case Backlog due to the limited number of courts and tribunals.

  • Procedural Delays because of adjournments and lack of evidence.

  • Need for Continuous Training to keep up with evolving labour jurisprudence.

7. Conclusion

The Presiding Officers of Labour Courts and Industrial Tribunals are the linchpins of India’s labour adjudication system. They bridge the gap between the administrative machinery (DLCs and ALCs) and the higher judiciary, offering specialised, quick, and fair resolutions to industrial disputes.

Whether it is wage claims under the Minimum Wages Act, compensation disputes under the Employees’ Compensation Act, or complex industrial disputes under the Industrial Disputes Act, their role remains central in ensuring industrial harmony, protection of worker rights, and adherence to the rule of law.

A strong, well-trained cadre of Presiding Officers—backed by efficient infrastructure—can go a long way in making labour justice in India more effective, timely, and equitable.

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