INDUSTRIAL DISPUTES (WEST BENGAL AMENDMENT) ACT, 2008

Act No. 26 of 2008

19th December, 2008

An Act to amend the Industrial Disputes Act, 1947, in its application to West Bengal. Whereas it is expedient to amend the Industrial Disputes Act, 1947 (14 of 1947.), in its application to West Bengal, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Fifty-ninth Year of the Republic of India, by the Legislature of West Bengal, as follows:-

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S.1 Short title and commencement

(1) This Act may be called the Industrial Disputes (West Bengal Amendment) Act, 2008.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Application of the Act

The Industrial Disputes Act, 1947 (hereinafter referred to as the principal Act), shall, in its application to West Bengal, be amended for the purposes and in the manner hereinafter provided.

S.3 Amendment of section 7 of Act 14 of 1947

In section 7 of the principal Act, in sub-section (3),-

(1) for clause (e), the following clause shall be substituted:-
" (e) he has been the Presiding Officer of a Labour Court constituted under any provincial Act or State Act for not less than five years; or";
(2) after clause (e), the following clauses shall be inserted:-
"(f) he has practised as an advocate for not less than seven years in a High Court or in any Court subordinate therto or in any Industrial Court or Industrial Tribunal or Labour Court constituted under any law for the time being in force and is selected by the State Public Service Commission; or (g) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not below the rank of Deputy Labour Commissioner under the State Government for not less than three years and is selected by the State Public Service Commission.".

S.4 Amendment of section 7A

In section 7A of the principal Act, in sub-section (3),-

(1) for clause (aa), the following clause shall be substituted:-
"(aa) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or;"
(2) after clause (aa), the following clauses shall be inserted:-
"(aaa) he has practised as an advocate for not less than ten years in a High Court or in any Court subordinate thereto or in any Industrial Court or Industrial Tribunal or Labour Court constituted under any law for the time being in force and is selected by the State Public Service Commission; or

"(aaaa) he holds a degree in law of a University established by law in any part of India and is holding or has held an office not below the rank of Joint Labour Commissioner for not less than three years and is selected by the State Public Service Commission.".

S.5 Amendment of section 7C

In section 7C of the principal Act, after the proviso, the following proviso shall be added:-

"Provided further that the age of superannuation and the conditions of the service of the Presiding Officers of a Labour Court appointed under clauses (f) and (g) of sub-section (3) of section 7 and of the Presiding Officers of a Tribunal appointed under clauses (aaa) and (aaaa) of sub-section (3) of section 7A shall be such as may be prescribed.".