Rule 38. Manner of filling up of the vacancy under sub-section (9) of section 44 and procedure for selection, salaries and allowances and other terms and conditions of Judicial Member of the State Industrial Tribunal under sub-section (5) of section 44 of the Code

(1) The qualification for appointment of the Judicial Member of the Industrial Tribunal (hereinafter referred to as the Judicial Member) shall be such as provided in sub-section (4) of section 44 of the Code.

(2) The Judicial Member of the Industrial Tribunal shall be appointed by the State Government on the recommendation of a Search-cum-Selection Committee specified in sub-rule (3).

(3) The Search-cum-Selection Committee shall comprise the following members, namely:—

(a) The District and Sessions Judge — Chairperson;

(b) Secretary to the Government of Mizoram, Labour, Employment, Skill Development & Entrepreneurship Department — Member;

(c) Secretary to the Government of Mizoram, Law & Judicial Department — Member;

(d) Secretary to the Government of Mizoram, Commerce and Industries Department — Member.

(4) The Search-cum-Selection Committee shall regulate its own procedure and, after taking into account the qualifications, suitability, integrity, adjudicatory experience and record of past performance of the candidates, and keeping in view the requirements of the Industrial Tribunal, recommend a panel of two or three eligible persons for appointment to the post of Judicial Member.

(5) No appointment of a Judicial Member shall be invalid merely by reason of any vacancy or absence of any member of the Search-cum-Selection Committee.

(6) A Judicial Member shall hold office for a term of four years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.

(7) In the event of a vacancy (other than temporary absence) in the office of the Judicial Member, such vacancy shall be filled in accordance with the procedure specified in sub-rules (1) to (4) of this rule.

(8) Salary and allowances of Judicial member.-

(a) the salary and allowances of a serving Judicial Member shall be the same as those applicable to him in his parent cadre of service.

(b) in the case of appointment of a retired judicial officer, his pay shall be reduced by the gross amount of pension drawn by him.

(9) Service Condition.-

(a) in the case of a serving judicial officer, the service rendered as Judicial Member shall be counted for pension in accordance with the rules applicable to his parent cadre of service, and he shall continue to be governed by the General Provident Fund Rules and pension rules applicable to that service.

(b) in the case of a retired judicial officer, he shall be governed by the Contributory Provident Fund Scheme during the period of re-employment and no additional gratuity shall be admissible for the service rendered as Judicial Member.

(10) Leave.-

(a) in the case of a serving judicial officer, leave shall be admissible as applicable to his parent cadre of service.

(b) in the case of a retired judicial officer, leave shall be admissible as applicable to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(11) Leave and foreign travel sanctioning authority.-

(a) the State Government shall be the leave-sanctioning authority for the Judicial Member.

(b) the State Government shall be the authority competent to sanction foreign travel of the Judicial Member.

(12) Medical facilities under the State Government Health Scheme, as admissible to Judicial Officers or officers of the State Government holding Group ‘A’ posts carrying the same pay, shall be applicable to the Judicial Member.

(13) Travelling allownces.-

(a) travelling allowance shall be admissible to a serving Judicial Member as applicable to his parent cadre of service.

(b) in the case of a serving judicial officer, transfer travelling allowance for joining the Industrial Tribunal from his place of posting and on completion of tenure shall also be admissible as applicable to his parent cadre of service.

(14) Leave Travel Concession shall be admissible to a serving Judicial Member as applicable to his parent cadre of service, and to a retired judicial officer as applicable to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(15) Transport allowance shall be admissible to the Judicial Member as applicable to his parent cadre of service or, in the case of a retired judicial officer, as applicable to an officer of the State Government holding a Group ‘A’ post carrying the same pay.

(16) No person shall be appointed as Judicial Member unless he is declared medically fit by such authority as may be specified by the State Government.

(17) Complaint and procedure.-

(a) where a written and verifiable complaint alleging definite charges of misbehaviour or incapacity is received, the State Government shall conduct a preliminary scrutiny of such complaint.

(b) where the State Government is satisfied that there exist reasonable grounds for inquiry, it shall refer the matter to the Search-cum-Selection Committee for inquiry.

(c) the Committee shall complete the inquiry within six months or within such further time as may be permitted by the State Government.

(d) the Committee shall submit its report to the State Government recording its findings with reasons on each charge separately.

(e) the Committee shall be guided by the principles of natural justice and shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908.

(18) A Judicial Member may resign his office by giving notice in writing addressed to the State Government and shall continue to hold office until the expiry of three months from the date of receipt of such notice or until his successor enters upon office or until the expiry of his term, whichever is earlier, unless permitted by the State Government to relinquish office earlier.

(19) The State Government may, on the recommendation of the Search-cum-Selection Committee, remove a Judicial Member from office if he—

(a) has been adjudged insolvent; or

(b) has been convicted of an offence involving moral turpitude; or

(c) has become physically or mentally incapable of acting as such; or has acquired such financial or other interest as is likely to affect prejudicially his functions; or

(d) has abused his position so as to render his continuance in office prejudicial to the public interest:

Provided that no removal under clauses (b) to (e) shall be made unless the Judicial Member has been informed of the charges and given a reasonable opportunity of being heard.

(20) Every Judicial Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in Form-XIII appended to these rules.

(21) The salary, allowances and other terms and conditions of service of the Judicial Member shall not be varied to his disadvantage after appointment.

(22) Matters relating to conditions of service for which no express provision has been made in these rules shall be referred by the Industrial Tribunal to the State Government, whose decision thereon shall be final.

(23) The State Government may relax any of the provisions of this rule in respect of any class or category of persons for reasons to be recorded in writing.