Which one of the following statements is not correct ?
The Industrial Tribunal constituted under the Industrial Disputes Act, 1947, exercises powers under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.
The members of the Industrial Tribunal hold office for a maximum period of five years.
The Chairperson and members of the Industrial Tribunal cannot hold office after 65 years of age.
The presiding officer of the Industrial Tribunal must be an independent person.
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2018
B) Section 8 of the ID Act states that the presiding officer holds office for the period specified in the appointment order. While the Act doesn’t fix a maximum of five years, rules framed under the Act often specify a tenure, typically around three years, which may be extended. So, a maximum of five years might be true in practice under rules, making this statement potentially correct depending on the specific rules being referred to.
C) Section 7A(3) states that a person shall not be appointed as the presiding officer of a Tribunal if he has attained the age of sixty-five years. This implies they cannot hold office after 65. This statement is correct.
D) Section 7A specifies the qualifications for the presiding officer, which include judicial experience. While the Act doesn’t explicitly use the word “independent” in qualifications for Industrial Tribunals (unlike for assessors in National Tribunals under Section 7B), the role requires impartiality, inherent in a judicial position. This statement is generally considered correct in spirit.