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PART II.
The Labour Court.
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Establishment of the Labour Court.
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10.—(1) There shall be a body, to be known as the Labour Court, to fulfil the functions assigned to it by this Act.
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(2) The Court shall consist of a chairman (in this Act referred to as the chairman) and four ordinary members (in this Act referred to as the ordinary members) of whom two shall be workers' members and two shall be employers' members.
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(3) The chairman shall be appointed by the Minister and shall hold office on such terms as shall be fixed by the Minister when appointing him.
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(4) The Minister shall, in respect of each workers' member, designate an organisation representative of trade unions of workers to nominate a person for appointment, and, in respect of each employers' member, designate a trade union of employers to nominate a person for appointment and the Minister shall appoint the person so nominated.
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(5) If, when a particular appointment of workers' members (or, in the event of a casual vacancy, a workers' member) is to be made—
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(a) more than one organisation representative of trade unions of workers is in being, and
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(b) the Minister is of opinion that it is undesirable that the appointment should be made under subsection (4) of this section,
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he may, by regulations, declare that the appointment, instead of being made under the said subsection (4), shall be made under this subsection, and thereupon the following provisions shall have effect—
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(i) the Minister shall invite trade unions of workers and organisations representative of trade unions of workers to nominate persons for appointment, and
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(ii) he shall make the appointment from amongst the persons so nominated.
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(6) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to the office of chairman or ordinary member of the Court.
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(7) An ordinary member shall, unless he dies, resigns or is removed, hold office—
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(a) if appointed under subsection (4) of this section, for such period, not exceeding five years, as shall be fixed by the Minister when appointing him,
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(b) if appointed under subsection (5) of this section, for five years or, if the regulations, by virtue of which he was appointed, are sooner revoked or annulled, until such revocation or annulment.
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(8) An ordinary member may be removed from office by the Minister for stated reasons but, if the organisation by which he was nominated is in being, only with the consent of that organisation.
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(9) The chairman and the ordinary members shall be paid such remuneration and allowances as the Minister, with the consent of the Minister for Finance, determines.
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(10) The Chairman shall devote the whole of his time to the work of the Court.
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(11) An ordinary member shall not hold the office of trustee, treasurer, secretary or any other office in, or be a member of any committee of, a trade union, or hold any office or employment which would prevent him from being at all times available for the work of the Court.
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(12) A person shall not be appointed to be chairman or a member of the court unless he is ordinarily resident in the State.
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