Industrial Tribunal
Section 44 of the Industrial Relations Code, 2020 deals with industrial Tribunal. 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 th The Act was enacted on 28 Sep 2020.
(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 (19 of 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) The qualifications for appointment, method of recruitment, term of office, salaries and allowances, resignation, removal and the other terms of conditions of service of the Judicial Member and the Administrative Member of the Tribunal constituted by the Central Government shall be in accordance with the rules made under section 184 of the Finance Act, 2017 (7 of 2017):
Provided that a person who has held a post below the rank of Joint Secretary to the Government of India or an equivalent rank in the Central Government or a State Government, shall not be eligible to be appointed as an Administrative Member of the Tribunal.
(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 a Tribunal, then, such vacancy shall be filled up in such manner as may be prescribed, without prejudice to the provisions of sub-section (4) or sub-section (5), as the case may be, and the proceeding shall be continued before such National Industrial Tribunal or Tribunal, as the case may be, 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.
Section 44, The Industrial Relations Code, 2020 (Act 35 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 44
What does Section 44 of the Industrial Relations Code deal with?
Section 44 of the Industrial Relations Code is headed "Industrial Tribunal". 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 th
How do I find court cases under Section 44 of the Industrial Relations Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Industrial Relations Code 44, section 44 Industrial Relations Code, section 44 of the Industrial Relations Code. People searching for it also type section 44 of industrial relations code 2020. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 44 of the Industrial Relations Code, and has it changed?
Its own text turns on Employees Provident Funds and Miscellaneous Provisions Act 2 (Definitions), Finance Act 184 (Qualifications, appointment, term and conditions of service, salary and allowances, etc., of Chairperson, Vice-Chairperson and Members, etc., of the Tribunal, Appellate Tribunal and other Authorities), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it.
When was Section 44 of the Industrial Relations Code enacted?
Section 44 of the Industrial Relations Code, cited as Industrial Relations Code 44, was enacted on 28 Sep 2020 as Act 35 of 2020. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions3327 words
- 99. Power of appropriate Government to make rules1827 words
- 86. Penalties1320 words
- 30. Preparation of draft standing orders by employer and procedure for certification942 words
- 78. Prohibition of lay-off858 words
- 79. Conditions precedent to retrenchment of workers to which Chapter X applies706 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.