Section 44: Industrial Tribunal

Finin2min analysis — what the section actually does

Full statutory text — Section 44

44. Industrial Tribunal.—(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.

How to apply this provision

1. Primary statutory test — (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…
2. Additional operative limb — (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. Qualification / exception to test — 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.
4. Evidence file — retain facts and records proving the role/status of: Employee / worker, Appropriate Government, Central Government, State Government, Authority / officer, Trade union.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 44

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