Sunday, April 22, 2012

Labour Appellate Tribunal

Labour Code:218
1. For the purpose of this Code, there shall be a Labour Appellate Tribunal in Bangladesh consisting of a chairman or, if the Government deems feet, of a chairman and such number of Members as determined by the Government.

2. The Chairman and the Members, if any, of the Tribunal shall be appointed by the Government, by notification in the official Gazette on such terms and conditions as the Government may determine.

3. The chairman of the Tribunal shall be from amongst person who is or has been a judge or an Additional Judge of the Supreme Court and a member thereof shall be form amongst person who is or has been a judge or an Additional Judge of the Supreme Court or is or has been a District Judge for at least three years.

4. If the Chairman is absent or unable to discharge his functions for any reason, the senior member of the Tribunal, if any, shall discharge the functions of the chairman.

5. Where members are appointed in the Tribunal, The Chairman may, for the efficient performance of the functions of the Tribunal, constitute as many Benches of the Tribunal, consisting of one or more members of the Tribunal, including himself, where necessary, as he may deem fit.

6. An appeal or any matter before the Tribunal may be heard and disposed of by the Tribunal setting as a whole or by any Bench thereof.

7. Subject to this Code, the Tribunal shall follow as nearly as possible such procedure, for hearing of an appeal by an appellate Court from original decrees.

8. If the Members of a Bench are divided in their opinion as to the decision to be given on any point-
    a. the same shall be decided according to the opinion of the majority, if any; and
    b. if the Members of the Bench are equally divided, they shall state the point on which they differ and the case shall be referred by them to the Chairman for hearing on such point by the Chairman himself, if he is not a Member of the Bench, or by one or more of the other Members of the Tribunal, and such point shall be decided according to the opinion of the Chairman or Member or majority of the Members hearing the point, as the case may be.

9. Where a Bench includes the Chairman of the Tribunal as one of its Members and there is a difference of opinion among the Members and the Members are equally divided, the decision of the Chairman shall prevail and the decision of the Bench that shall be expressed in terms of the opinion of the Chairman.

10. The Tribunal may, on appeal, confirm, set aside, vary or modify the award, decision, judgment or sentence given by the Labour Court or remand a case and shall, save otherwise provided, exercise all the powers conferred by this Code on the Labour Court.

11. The judgement of the Tribunal shall be delivered within period of not more than 60 days following the filing of the appeal.

12. The Tribunal shall have authority to punish for contempt of its authority, or that of any Labour Court, as if it were a High Court Division of the Supreme Court.     

No comments:

Post a Comment