Need for amendment in Industrial Disputes Act, 1947

The 18th Law Commission was constituted for a period of three years from 1st September, 2006 by Order No. A.45012/1/2006-Admn.III (LA) dated the 16th October, 2006, issued by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi. Dr. Justice AR. Lakshmanan, Chairman, Law Commission of India, on the 25th day of June, 2009 submitted the report to the Union Minister of Law and Justice, Ministry of Law and Justice, Government of India where the commission 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 Court and Industrial Tribunals Amendment of Sections 7, 7A and 7B of Industrial Disputes Act 1947 Making Advocates Eligible to man Labour Courts and Industrial Tribunals. But unfortunately no steps are taken in this direction by the legislature of the country to amend the provision in Industrial Disputes Act, 1947 as yet.

Besides above, the Hon’ble Supreme Court in Hygienic Foods vs. Jasbir Singh and Ors (Petition(s) for Special Leave to Appeal (Civil) No(s).10138/2010 ) on dt.6.5.2011 made prima facie observations that industrial law have become so complex that an ordinary layman could not possibly be expected to put up his/her case property before the Courts/Tribunals and the Lordship of the Hon’ble Court, prima facie, are of the opinion that this provision in Section 36(4) of the Industrial Disputes Act debarring the lawyers from appearing before the Labour Court/Industrial Tribunal is unconstitutional  being   violative   of   Articles   14   and 19(1)(g)   of   the    Constitution  of  India.  This  is  because industrial law has become so complex that a layman cannot possibly   present    his    case    properly before  the  Labour Court/Industrial Tribunal. Hence to debar lawyers will really be denying justice to millions of people.

But surprisingly when the government headed by Mr. Narendra Modi is actively considering for amendments in labour law, towards achieving both political as well as economical innovation in labour reforms, but in the recent proposals of amendments in labour law, the above requirements of amendment in Industrial Disputes Act, 1947 do not find place. In the above circumstances, now it is high time that the Lawyers fraternity particularly those practising labour law Lawyers should come forward to share opinions and demand in a group to the government for the said amendments and get it fulfilled. The lawyers as a whole be made aware of the situation and be involved and the Bar Council of India should also required to be moved and involved in the matter to ensure the amendments made in the Industrial Disputes Act, 1947.