The Industrial Relations Code, 2020
Section 44. Industrial Tribunal
Amended text
This text includes a change made by The Tribunals Reforms Act, 2026 (No. 17 of 2026), section 18 and the Second Schedule, item 13, effective from 25 Aug 2026: for sub-section (4), the following sub-section shall be substituted.
Amended text
This text includes a change made by The Tribunals Reforms Act, 2026 (No. 17 of 2026), section 18 and the Second Schedule, item 13, effective from 25 Aug 2026: for sub-section (9), the following sub-section shall be substituted.
Official text
(1) The appropriate Government may, by notification, constitute one or more Industrial Tribunals for the adjudication of industrial disputes and for performing such other functions as may be assigned to them under this Code and the Tribunal so constituted by the Central Government shall also exercise the jurisdiction, powers and authority conferred on the Tribunal, as defined in clause (m) of section 2 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 by or under that Act.
(2) Every Industrial Tribunal shall consist of two members to be appointed by the appropriate Government out of whom one shall be a Judicial Member and the other, an Administrative Member.
(3) A bench of the Tribunal shall consist of a Judicial Member and an Administrative Member or single Judicial Member or single Administrative Member.
(4) Notwithstanding anything contained in this Act, the qualifications, manner of selection, appointment, salaries and allowances, resignation, removal and other conditions of service and eligibility for reappointment of Judicial Member and Administrative Member of an Industrial Tribunal under this Act shall be governed by the provisions of the Tribunals Reforms Act, 2026.
(5) The term of office of the Judicial Member and the Administrative Member of a Tribunal constituted by the State Government under sub-section (1), their salaries and allowances, resignation, removal and other terms and conditions of service shall be such as may be prescribed by the State Government.
(6) The salary and allowances and the terms and conditions of service of the Judicial Member or Administrative Member referred to in sub-section (2) and appointed by a State Government shall not be varied to his disadvantage after his appointment.
(7) The procedure of the Tribunal (including distribution of cases in the benches of the Tribunal) shall be such as may be prescribed, provided a bench consisting of a Judicial Member and an Administrative Member shall entertain and decide the cases only relating to—
(a) the application and interpretation of standing order;
(b) discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen dismissed;
(c) illegality or otherwise of a strike or lockout;
(d) retrenchment of workmen and closure of establishment; and
(e) Trade Union disputes,
and the remaining cases shall be entertained and decided by the bench of the Tribunal consisting either a Judicial Member or an Administrative Member of the Tribunal.
(8) The Judicial Member shall preside over the Tribunal where the bench of the Tribunal consists of one Judicial Member and one Administrative Member.
(9) If, for any reason, a vacancy (other than a temporary absence) occurs in a National Industrial Tribunal or the Tribunal constituted by the State Government under sub-section (1), then, such vacancy shall be filled up in such manner as may be prescribed, without prejudice to sub-section (5), and the proceeding shall be continued before such National Industrial Tribunal or the Tribunal constituted by the State Government, from the stage at which the vacancy is filled.
(10) The appropriate Government may provide such number of officers and other staff as it thinks fit in consultation with the Judicial Member of the Tribunal which may be required for the due discharge of the functioning of the Tribunal.