PART XIN.I.MACHINERY FOR PROMOTING IMPROVEMENT OF INDUSTRIAL RELATIONS

The Industrial CourtN.I.

[F1Proceedings of the Court under Schedule 1A to the Trade Union and Labour Relations OrderN.I.

92A.(1) For the purpose of discharging its functions under Schedule 1A to the Trade Union and Labour Relations Order in any particular case, the Industrial Court shall consist of a panel established under this Article.

(2) The chairman of the Court shall establish a panel or panels, and a panel shall consist of these three persons appointed by him—

(a)the chairman or a deputy chairman of the Court, who shall be chairman of the panel;

(b)a member of the Court whose experience is as a representative of employers;

(c)a member of the Court whose experience is as a representative of workers.

(3) The chairman of the Court shall decide which panel is to deal with a particular case.

(4) A panel may at the discretion of its chairman sit in private where it appears expedient to do so.

(5) If—

(a)a panel cannot reach a unanimous decision on a question arising before it, and

(b)a majority of the panel have the same opinion,

the question shall be decided according to that opinion.

(6) If—

(a)a panel cannot reach a unanimous decision on a question arising before it, and

(b)a majority of the panel do not have the same opinion,

the chairman of the panel shall decide the question acting with the full powers of an umpire.

(7) The Department may make, or authorise the Court to make, rules regulating the procedure of the Court in discharging its functions under Schedule 1A to the Trade Union and Labour Relations Order.

(8) Subject to the above provisions, a panel shall determine its own procedure.

(9) The Court may correct in any decision or declaration of the Court under Schedule 1A to the Trade Union and Labour Relations Order any clerical mistake or error arising from an accidental slip or omission.

(10) If any question arises as to the interpretation of a decision or declaration of the Court under that Schedule any party may apply to the Court for a decision; and the Court shall decide the question after hearing the parties or, if the parties consent, without a hearing and shall notify the parties.

[F2(11) The reference in paragraph (1) to the Court's functions under Schedule 1A to the Trade Union and Labour Relations Order does not include a reference to its functions under paragraph 166 of that Schedule.]]