MPIR Act 9Chapter II · Authorities to be Constituted or Appointed under this Act
Section 9 · Industrial Court
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- [(1) There shall be an Industrial Court for the State consisting of the President and two or more members as the State Government may, from time to time, think fit to appoint.(a)he has been a Judge of a High Court; or (b)he is eligible for being appointed a Judge of a High Court; or (c)he has been a District Judge for a period of not less than three years; or (d)he has acted as a Presiding Officer of a Labour Court constituted under any law for the time being in force for not less than seven years; or (e)he has in the opinion of the State Government adequate knowledge in the field of industrial relations.]
(2)
A person shall not be qualified for appointment as President of the Industrial Court, unless-(a)
he is or has been a Judge of a High Court; or(b)
he is eligible for being appointed a Judge of a High Court, or(c)
he has worked as President or member of the Board of Revenue for a period of not less than three years; or(d)
he has worked as a Commissioner of Labour for a period of not less than three years; or(e)
he has worked as a member of the Industrial Court for a period of not less than five years.(3)
Notwithstanding anything contained in this section, any person who immediately before the coming into force of this Act was acting as a member of the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, as adapted by the Madhya Bharat Industrial Relations (Adaptation) Act, Samvat 2006 (31 of 1949), shall, unless otherwise directed by the State Government continue to be a member of the Industrial Court under this Act.(4)
Notwithstanding anything contained in sub-section (2) if the office of the President of the Industrial Court falls vacant, the State Government may appoint a member of the Industrial Court, [if any] [Inserted by M.P. Act No. 4 of 1963.] temporarily in such vacancy for a period not exceeding six months.(5)
The Industrial Court shall hold its sittings at such place or places within the State as the President may direct.(6)
[ The Industrial Court may make rules for the exercise of powers and 1 unctions of the Court, by benches constituted of one or more members thereof, and all decisions or awards given by such benches in exercise of such powers or functions shall be deemed to be the decisions or awards of the Industrial Court.] [Substituted by M P. Act No. 41 of 1981.](7)
[ Where in a proceeding before a Bench consisting of even number of members, equal number of members consisting of such Bench differ on a point, then-(i)
if the President is a member of such a Bench, the point on which the members differ shall be stated and placed for decision before such person other than a member of the Industrial Court and qualified to be President thereof under sub-section (2) of Section 9 as the State Government may, by notification, specify;(ii)
if the President is not a member of such a Bench, the point on which the members differ shall be stated and placed before the President who may either decide the point himself or may nominate one or more of the other members to deal with the matter.]Your private note on this section
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