Report No. 225

V. Conclusion and Recommendation

5.1 The observations of the Supreme Court in Sampath Kumar's case [paragraphs 3.2 and 3.3 supra] and qualifications for appointments in various tribunals and other quasi-judicial bodies [paragraph 4 supra] make it very clear that advocates with requisite number of years' practice at the Bar, of course, in the concerned legal field, are competent to man any tribunal.

5.2 It seems to be an oversight that Sections 7, 7A and 7B of the Industrial Disputes Act 1947 do not include advocates as persons eligible for appointment as presiding officers of Labour Courts and Industrial Tribunals.

5.3 We, therefore, are of the view that Sections 7, 7A and 7B of the Industrial Disputes Act 1947 should be suitably amended to make advocates with the requisite number of years' practice at the Bar, in the relevant legal field, eligible for appointment as presiding officers of Labour Courts and Industrial Tribunals.