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Report No. 122

Annexure

Questions

1. Are you in favour of an Appellate forum having all-India jurisdiction over awards of the Labour Courts/Industrial Tribunal?

2. If the answer to the first question is in the affirmative, would you suggest the nature and format of the forum?

3. Would it be advisable to revive the Labour Appellate Tribunal?

4. What measures would you suggest to expedite hearing of appeals before such an appellate forum?

5. What will you consider to be the yardstick for selecting personnel for such an appellate forum?

6. In whom the power to select personnel may be vested?

7. Would such an appellate forum be invested with power to grant interim stay of the award unconditionally or always subject to conditions or no such power should be conferred?

(You may kindly keep in view section 17B recently introduced in the Industrial Disputes Act by Industrial Disputes (Amendment) Act, 1982, which provides for payment of full wages to workmen pending proceedings in higher courts.)

8. What, in your opinion, should be the time-frame for disposal of appeals? '

9. Would you be in favour of every award being made appealable or the appeal may lie only on a question of law on the analogy of section 30 of the Workmen's Compensation Act, 1923, or section 8 of the Industrial Disputes (Appellate Tribunals) Act, 1950?

10. Are you in favour of a total ban on entertaining any appeal at the interim stage?

11. If the forum, as herein indicated, is set up, should the jurisdiction of the High Court under Articles 226, 227 be retained or abolished ? You may consider Article 323B of the Constitution in this behalf.



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