Powers of the Industrial Court

(1) The Court shall have exclusive original and jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution and the provisions of this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations including—

  1. Disputes relating to or arising out of employment between an employer and an employee;
  2. Disputes between an employer and a trade union;
  3. Disputes between an employers’ organisation and a trade unions organisation;
  4. Disputes between trade unions;
  5. Disputes between employer organizations;
  6. Disputes between an employers’ organisation and a trade union;
  7. Disputes between a trade union and a member thereof;
  8. Disputes concerning the registration and election of trade union officials; and
  9. Disputes relating to the registration and enforcement of collective agreements.

 

(2) An application, claim or complaint may be lodged with the Court by or against an employee, an employer, a trade union, an employer’s organisation, a federation, the Registrar of Trade Unions, the Cabinet Secretary or any office established under any written law for such purpose.

 

(3)  In exercise of its jurisdiction under this Act, the Court shall have power to make any of the following orders:

(i) A prohibitory order

(ii) An order for specific performance

(iii) A declaratory order

(iv) An award of compensation in any circumstances contemplated under this Act or any written law

(v) An award of damages in any circumstances contemplated under this Act or any written law;

(vi) An order for reinstatement of any employee within three years of dismissal, subject to such conditions as the Court thinks fit to impose under circumstances contemplated under  any written law; or

(vii) Any other appropriate relief as the Court may deem fit to grant.

(4)  In proceedings under this Act, the Court may, subject to the rules, make such orders as to costs as the Court considers just.

(5) The court shall have power to summon witnesses, to administer oaths and affirmations and to require any person who appears to it to have special knowledge of any relevant matter.

(1) The Court shall have exclusive original and jurisdiction to hear and determine all disputes referred to it in accordance with Article 162(2) of the Constitution and the provisions of this Act or any other written law which extends jurisdiction to the Court relating to employment and labour relations including—

a) Disputes relating to or arising out of employment between an employer and an employee;
b) Disputes between an employer and a trade union;
c) Disputes between an employers’ organisation and a trade unions organisation;
d) Disputes between trade unions;
e) Disputes between employer organizations;
f) Disputes between an employers’ organisation and a trade union;
g) Disputes between a trade union and a member thereof;
h) Disputes concerning the registration and election of trade union officials; and
i) Disputes relating to the registration and enforcement of collective agreements.

(2) An application, claim or complaint may be lodged with the Court by or against an employee, an employer, a trade union, an employer’s organisation, a federation, the Registrar of Trade Unions, the Cabinet Secretary or any office established under any written law for such purpose.

(3) In exercise of its jurisdiction under this Act, the Court shall have power to make any of the following orders:

(i) A prohibitory order
(ii) An order for specific performance
(iii) A declaratory order
(iv) An award of compensation in any circumstances contemplated under this Act or any written law
(v) An award of damages in any circumstances contemplated under this Act or any written law;
(vi) An order for reinstatement of any employee within three years of dismissal, subject to such conditions as the Court thinks fit to impose under circumstances contemplated under any written law; or
(vii) Any other appropriate relief as the Court may deem fit to grant.

(4) In proceedings under this Act, the Court may, subject to the rules, make such orders as to costs as the Court considers just.
(5) The court shall have power to summon witnesses, to administer oaths and affirmations and to require any person who appears to it to have special knowledge of any relevant matter.

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