Rule 37: Filling up of the vacancy under sub-section (9) of Section 44 and procedure for

37. Filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Judicial Member of the Industrial Tribunal under sub-section (5) of Section 44.— (1) The Judicial member of the Industrial Tribunal shall be appointed by the State Government on the recommendation of a Search Cum Selection Committee (SCSC) specified in sub-rule (2). Provided that the Judicial members of the Industrial Tribunal shall be appointed from serving and retired Judges of High Court, members of higher Judicial services and members of State Judicial Services, who has been a District Judge or Additional District Judge for not less than three years: Provided that at any time total number of Judicial members shall not exceed fifty percent of the total number of Judicial and Administrative members of Tribunals in the State. (2) The Search Cum Selection Committee shall comprise of the following members, namely: - (i) Chief Justice of Bihar or a Judge of High - Chairperson; Court nominated by him (ii) Sitting Judicial Member of the other - Member; Industrial Tribunal (iii) Chief Secretary, Bihar or an officer - Member; nominated by him (iv) Additional Chief Secretary/ Principal - Member Secretary/ Secretary, Labour Resource and Secretary; and Migrant Workers Welfare Department (v) Registrar General, Patna High Court, - Member; Patna (3) The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its recommendation and, after taking into account qualification, suitability, record of past performance, integrity as well as adjudicatory experience keeping in view of the requirement of the Industrial Tribunal recommend a panel of two or three persons as it deems fit for appointment to each post. (4) No appointment of a Judicial Member shall be declared invalid merely by reason of a vacancy or absence of any member in the Search-cum- Selection Committee. (5) A Judicial Member shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier. (6) In case of casual vacancy in the office of Judicial Member, the State Government shall appoint the Judicial Member of the other Industrial Tribunal to officiate as Judicial Member. (7) (a) A Judicial Member shall be paid a salary as notified by the State Government from time-to-time and shall be entitled to draw allowances as are admissible to an officer of the Government of India holding Group A post carrying the same pay.  बहार गजट (असाधारण), 1 जुलाई 2026 77 (b) In case of appointment of retired High Court Judge, his pay shall be reduced by the gross amount of pension drawn by him. (8) In case of retired High Court Judges, they shall be entitled to join Contributory Provident Fund Scheme as per rules during the period of their re-employment and additional gratuity shall not be paid for the service rendered in the Industrial Tribunal. (9) A Judicial Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the Government of India holding Group A post carrying the same pay. (10) The State Government shall be the leave sanctioning authority for the Judicial Member. (11) Health facilities equivalent to Central Government Health facilities as admissible to an officer of the Government of India holding Group A post carrying the same pay shall be applicable. (12) (a) Travelling allowance to a judicial member shall be admissible as per entitlement of an officer of the Government of India holding Group A post carrying the same pay. (b) In case of retired High Court Judges, transfer travelling allowance for joining the Industrial Tribunal from home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an officer of the Government of India holding Group A post carrying the same pay. (13) A Judicial Member shall be entitled for leave travel concession as admissible to an officer of the Government of India holding Group A post carrying the same pay. (14) A Judicial Member shall be entitled for transport allowance as admissible to an officer of the Government of India holding Group A post carrying the same pay. (15) No person shall be appointed as Judicial Member unless he is declared medically fit by an authority specified by the State Government in this behalf. (16) (a) If a written and verifiable complaint is received by the State Government, alleging any definite charge of misbehaviour or incapacity to perform the functions as Judicial Member; it shall make a preliminary scrutiny of such complaint. (b) If on preliminary scrutiny, the State Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehaviour or incapacity of a Judicial Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry. (c) The Search-Cum-Selection Committee shall complete the inquiry within six month's time or such further time as may be specified by the Central Government. (d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the State Government stating therein its findings and the reasons therefor on each of the charges separately with such observations on the whole case as it may think fit. 78 बहार गजट (असाधारण), 1 जुलाई 2026 (e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the (Code on Civil Procedure, 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry. (17) A Judicial Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the State Government: Provided that the Judicial Member shall, unless he is permitted by the State Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier. (18) The State Government shall, on the recommendation of Search-Cum- Selection Committee, remove from office any Judicial Member, who, - (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, involves moral turpitude; or (c) has become physically or mentally incapable of acting as such a Judicial Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Judicial Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that where a Judicial Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges. (19) Every person appointed as Judicial Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in the Form- XIV annexed to these rules. (20) Matter relating to the terms and conditions of services of the Judicial Member with respect to which no express provisions have been made in these rules, shall be referred by the Industrial Tribunal to the State Government for its decision, and the decision of the State Government thereon shall be binding. (21) The State Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing.