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Tribunal - Definition - Law Dictionary Home Dictionary Definition tribunal

Definition :

Tribunal, includes, within its ambit, all adjudicating bodies, provided they are constituted by the State and are invested with judicial, as distinguished from purely administrative or executive functions, Durga Shankar Mehta v. Thakur Raghuraj Singh, AIR 1954 SC 520: 1954 SCJ 723: (1954) 2 Mad LJ 385.

Tribunal, labour court is not a tribunal, State of Assam v. Harizon Union, AIR 1967 SC 442: (1967) 30 FJR 354.

Means a court or other adjudicating body, Black's Law Dictionary, 7th Edn., p. 1512.

Means the Maharashtra Sales Tax Tribunal constituted under s. 11. [Maharashtra Value Added Tax Act, 2002, s. 2(31)]

Means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(ze)]

1. A court or other adjudicatory body 2. The seat, bench or place where a judge set, Black's Law Dictionary, 7th Edn.

The seat of a judge; a Court of justice.

As defined by s. 2(r) of the Industrial Disputes Act, 1947, as amended by Act 36 of 1956, read with amending Act, 18of 1957, empowers the govern-ment to Transfer a reference from one tribunal to another, Bengal Chemical and Pharmaceutical Works Ltd. v. Their Employees, AIR 1959 SC 663: 1959 Supp (2) SCR 136.

A 'tribunal' literally means a seat of justice. May be, justice is dispensed by a quasi-judicial body, an arbitrator, a commission, a court or other adjudicator organ created by the State. All these are tribunal and naturally the import of the word embraces an arbitration tribunal. Stroud's Judicial Dictionary (Vol. 4, p. 3093) speaks of 'tribunal' in the wider sense and quotes Fry, L.J. in Dawkins v. Rokeby (LR 8 QB 255, affirmed LR 7 HL 744. I accept that, with this qualification that I do not like the word 'tribunal'. The word is, ambiguous, because it has not like 'court' any ascertainable meaning in English law. There is a reference to the bishop's commission of enquiry as a judicial tribunal and, significantly, specific mention has been made in these terms: Disputes between employers and employees are refereed to such tribunals as the Civil Service Arbitration Tribunal, National Arbitration Tribunal and the Industrial Disputes Tribunal. We have hardly any doubt that 'tribunal' simpliciter has a sweeping signification and does not exclude 'arbitrator'. Gujarat Steel Tubes Ltd. v Gujarat Steel Tubes Mazdoor Sabha, AIR 1980 SC 1896: (1980) 2 SCC 593: (1980) 2 SCR 146.

The Deputy Commissioner and Commissioner are statutory authorities operating under the 1969 Act. They are quasi-judicial authorities. Therefore, they will be comprehended in the expression 'Tribunal' as used in Article 227, Manmohan Singh Jaitla v. Commissioner, AIR 1985 SC 364: (1984) Supp SCC 540: (1985) 2 SCR 479.

The Tribunal as distinguished from the Court, exercises judicial powers and decides matters brought before it judicially or quasi-judicially, but it does not constitute a court in the technical sense. Tribunal, according to the dictionary meaning, is a seat of justice; and in the discharge of its functions, it shares some of the characteristics of the court, Engineering Mazdoor Sabha v. Hind Cycles Ltd., AIR 1963 SC 874 (878): 1963 Supp 1 SCR 625. [Constitution of India, Art. 136(1)]

Means the tribunal constituted under s. 19. [Gujarat Value Added Tax Act, 2003, s. 2(31)]

Means the West Bengal Taxation Tribunal estab-lished under s. 3 of the West Bengal Taxation Tribunal Act, 1987 (West Ben. Act VIII of 1987). [West Bengal Value Added Tax Act, 2003, s. 2(53)

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