The Industrial Relations Code, 2020 (“Code”) establishes a comprehensive statutory framework for the prevention and resolution of industrial disputes in India. It provides structured mechanisms such as conciliation, arbitration, Industrial Tribunals and National Industrial Tribunals to ensure fair adjudication and promote industrial harmony. The Code seeks to balance the interests of employers and workers by ensuring timely, impartial and effective resolution of disputes.

Who appoints conciliation officers?

The appropriate Government may, by notification, appoint such number of persons as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes.

For what areas, industries, or duration may conciliation officers be appointed?

A conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period.

Who constitutes Industrial Tribunals and for what purposes?

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 under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

How many members does every Industrial Tribunal consist of?

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.

What constitutes a bench of the Tribunal?

A bench of the Tribunal shall consist of a Judicial Member and an Administrative Member or single Judicial Member or single Administrative Member.

What governs the qualifications, recruitment, tenure, salary, allowances, resignation, removal, and service conditions of members of Tribunal constituted by the Central Government?

The qualifications for appointment, method of recruitment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Judicial Member and the Administrative Member shall be in accordance with the rules made under the Finance Act, 2017.

Who is not eligible to be appointed as Administrative Member of the Tribunal?

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.

What governs the service conditions of members of Tribunal constituted by the State Government?

The term of office of the Judicial Member and the Administrative Member, their salaries and allowances, resignation, removal and other terms and conditions of service shall be such as may be prescribed by the State Government.

Can salary, allowances, and service conditions of members appointed by State Government be varied after appointment?

The salary and allowances and the terms and conditions of service shall not be varied to their disadvantage after appointment.

What governs the procedure of the Tribunal and distribution of........

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