The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The scope and procedure of Judicial review of Administrative Justice Court on the Judgments of Labor’s Dispute Settlement Authorities in the Light of Administrative Justice Court jurisprudence

Document Type : Original Article

Authors
Morteza Nejabat khah 1
Farhang Faghih Larijani 2
Soona Nazari ziaratgah 3
1 Associate Prof. Department of Public Law, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran
2 Assistant Prof, Department of Public Law, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran
3 M.A. in Public Law, Faculty of Law and Political Science, Mazandaran University, Babolsar, Iran
10.22034/mral.2020.123616.1011
Abstract
Iran's Labor Law (1990) provides for Dispute Settlement bodies at two levels: the recognition Board and the Dispute Settlement Board. According to Article 157 of the Labor Code, these boards are competent to deal with any individual dispute between the worker and the employer or trainee arising out of the enforcement of labor law and other labor regulations, apprenticeship contracts, workplace agreements, or collective labor agreements. Subject to paragraph (2) of Article 10 of the Law on the Organization and Procedure of the Administrative Justice Court (AJC), certain decisions and judgments of the Labor’s Dispute Settlement bodies may be appealed in the Branches of the AJC. The rules and procedures for dealing with these matters are set out in Article 63 of the said Act. There are some ambiguities and challenges to both the jurisdiction and the procedure of the AJC concerning judicial review of decisions of the Labor’s Dispute Settlement Authorities, in which the answer to these ambiguities can be found in the Court's jurisprudence. Accordingly, in this descriptive-analytical method, this article attempts to study the jurisdiction and procedure of the AJC in judicial review of decisions of the Labor’s Dispute Settlement Bodies concerning the jurisprudence of the AJC.
Keywords
Administrative Justice Court
Judicial jurisprudence
Labor’s Dispute Settlement Bodies
Judicial review
Subjects
1. Elahyan, Mohammad Javad and Manesh Yazadeh, Goshvad (2002), Questions and Answers in the Field of Labor Relations, Tehran: Publications
Institute of Labor and Social Security, second edition.

2. Ostvar Sangari, Kourosh (2017), Introduction to Labor Law, Tehran: Mizan Legal Foundation, Second Edition.

3. Judiciary Research Institute (Office for the Publication of Judicial Procedure), a collection of judicial opinions of the branches of the Court of Justice
Administrative) October 2012, first edition.

4. Rostami, Vali [and others], fair trial in specialized administrative authorities of Iran, Tehran: Faculty Publications
Law and Political Science, University of Tehran, First Edition.

5. Sadr al-Hafazi, Seyyed Nasrollah (1993), Judicial Supervision of Government Actions in the Court of Administrative Justice, Tehran:
Shahriar Publishing, first edition.

6. Legal Vice President (2014), a collection of legal opinions of the Legal Vice President
"Year" 1390, Tehran: Deputy for compiling, revising and publishing laws and regulations, first edition.

7. Molabigi, Gholamreza (2016), Jurisdiction and Procedure of the Court of Administrative Justice, Tehran: Jangal Publications,
Third edition.

8. Najab Takhah, Morteza (2012), Jurisdiction of the Court of Administrative Justice in the Supreme Court, Tehran:
Publications of the Official Gazette of the Republic of Iran, First Edition.

9. vijeh, Mohammad Reza (2014), changes in the new law of the Court of Administrative Justice, interview with the newspaper
Support, 30/2/1393.

10. Molabigi, Gholamreza (2017)
Judiciary in the Court of Administrative Justice, Interview with the Internal Monthly of the Court of Administrative Justice, pre-issue (July 2017)

11. Judiciary Research Institute Opinion Database)) Search.aspx / http: //j.ijri.ir/SubSystems/Jpri2
 
The Journal of Modern Research on Administrative Law
Volume 2, Issue 2
Second year, second issue, spring 2020
Spring 2020
Pages 9-26

  • Receive Date 27 March 2020
  • Revise Date 24 April 2020
  • Accept Date 09 June 2020