The National Industrial Tribunal (NIT) represents the highest tier of the adjudicatory machinery established under the Industrial Disputes Act, 1947. Unlike Labour Courts or Industrial Tribunals, which typically handle matters of local or state importance, the NIT is reserved for disputes of national significance.
1. Constitution of the National Tribunal (Section 7B)
The Central Government may, by notification in the Official Gazette, constitute one or more National Industrial Tribunals.
Purpose: For the adjudication of industrial disputes which involve questions of national importance or are of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by, such disputes.
Composition: It consists of one person only (the Presiding Officer) appointed by the Central Government.
Qualifications: The person must be, or have been, a Judge of a High Court.
Assessors: The Central Government may appoint two persons as assessors to advise the National Tribunal in the proceedings.
2. Powers of the National Tribunal (Section 11)
The National Tribunal is vested with the same powers as a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters:
Enforcing Attendance: Power to summon and enforce the attendance of any person and examine them on oath.
Production of Documents: Power to compel the production of documents and material objects.
Issuing Commissions: Power to issue commissions for the examination of witnesses.
Entry and Inspection: Under Section 11(2), the Presiding Officer may, for the purpose of an inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter any premises occupied by any establishment to which the dispute relates.
Status of Public Servant: Every member of the Tribunal is deemed to be a "public servant" within the meaning of Section 21 of the Indian Penal Code.
3. Procedure of the National Tribunal
The procedure followed by the NIT is designed to be flexible yet judicial:
Reference of Dispute (Section 10): The NIT does not take up cases on its own. The Central Government must refer the dispute to it. Once a reference is made to the National Tribunal, no other Labour Court or Tribunal has jurisdiction over the matter.
Nature of Proceedings: The proceedings are considered judicial proceedings within the meaning of Sections 193 and 228 of the IPC.
Adoption of Procedure: Subject to any rules made under the Act, the National Tribunal shall follow such procedure as it may think fit. It is not bound by the strict rules of the Evidence Act but must follow the principles of Natural Justice.
Legal Representation: Parties may be represented by legal practitioners with the consent of the other parties and the leave of the Tribunal (Section 36).
4. Functions of the National Tribunal
The primary function of the NIT is to bring finality to complex industrial conflicts that transcend state boundaries.
Adjudication: To hear the parties, examine evidence, and determine the industrial dispute referred to it.
Publication of Award: After the conclusion of proceedings, the NIT must submit its Award to the Central Government. The government must publish the award in the Official Gazette within 30 days.
Interim Relief: The Tribunal has the function of granting interim relief to workmen if the circumstances of the dispute warrant it before the final award is passed.
Interpretation of Standing Orders: Under certain circumstances, the NIT may be called upon to interpret the application or standing orders of an industry that operates across multiple states.
5. Effect of Reference to National Tribunal (Section 10[6])
A unique feature of the NIT is its "overriding" nature:
If a dispute is referred to the National Tribunal, any proceedings regarding that specific matter pending before a Labour Court or State Tribunal become void.
The State Governments are precluded from referring the same matter to any other local adjudicatory body while it is under the consideration of the National Tribunal.
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