While the administration of various labour laws are carried out by the different directorates, considerable number of disputes arising out of the administration of the Industrial Disputes Act, 1947; the Industrial Employment (Standing Orders) Act, 1946 and the Working Journalists (Miscellaneous Provisions) Act, 1955 requires adjudication by Industrial Tribunals and Labour Courts.
The main object of Industrial Disputes Act, 1947 is to restore industrial peace and promote good relation between the employer and the employees and to dispose of or settle industrial disputes by way of adjudication. Directorate of Industrial Tribunals and Labour Courts are empowered to adjudicate various disputes covered under Industrial Disputes Act, 1947, Industrial Employment (Standing Order) Act, 1946 and Working Journalists (Miscellaneous Provisions) Act, 1955. At present 9 (nine) Industrial Tribunals and 2 (two) Labour Courts are functioning in the State of West Bengal. Generally Industrial Tribunals are presided over by the Officers of West Bengal Higher Judicial Service cadre deputed by the Hon’ble High Court at Kolkata. Occasionally a few Judges of 212 Tribunals are appointed by the Labour Department by way of re-employment. The senior most of the in-service Judge is empowered to perform the duties of the D.D.O., Controlling Officer and Head of the Department by the Government of West Bengal. The Labour Courts are also manned by the members of the West Bengal Judicial Service posted on deputation as directed by the Hon’ble Court.
Activities/ Functions :
Industrial Disputes Act is constituted to create industrial peace and harmony as well as to protect the interest of employees employed in the industry. The main activities of the Industrial Tribunals and Labour Courts are to adjudicate and execute the disputes so registered. Every Tribunal adjudicates on the Industrial Disputes referred by the Labour Department, Government of West Bengal by following the Acts and Rules framed there under, in public and submits its decision to the Government for information and publication. Whereas every individual files application before a Labour Court for adjudication of their application under Section 10 (1B) (d), 2A(2) & 33 (c)(2), before the specified Tribunal /Labour Courts.