Labour Hub › Industrial Relations Code › Sections › Section 48

Industrial Relations Code, 2020 · CHAPTER VII — MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES

Section 48: Disqualifications for members of Tribunal and National Industrial Tribunal

Reviewed by Finin2min Editorial Desk · Last reviewed 10 September 2026

Section 48 — Governs disqualifications for members of tribunal and national industrial tribunal and the rights, duties, powers or procedure expressly stated in this section. Key operative text: No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.

Full official textSource checked: 20 August 20260 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.

Provisos, explanations & qualifications

Explanation.—For the purposes of this section "independent person" means a person who is unconnected with the industrial dispute referred to a Tribunal or National Industrial Tribunal or with any industry directly affected by such dispute.

Thresholds and timelines in the text

Disqualifications for members of Tribunal and National Industrial Tribunal.—No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.

Actors expressly appearing in the text

Tribunal

Full statutory text — Section 48

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

48. Disqualifications for members of Tribunal and National Industrial Tribunal.—No person
shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial
Tribunal, respectively, if—
          (a) he is not an independent person; or
          (b) he has attained the age of sixty-five years.
   Explanation.—For the purposes of this section "independent person" means a person who is
unconnected with the industrial dispute referred to a Tribunal or National Industrial Tribunal or with
any industry directly affected by such dispute.

How to apply this provision

Primary statutory test — No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.
Qualification / exception to test — Explanation.—For the purposes of this section "independent person" means a person who is unconnected with the industrial dispute referred to a Tribunal or National Industrial Tribunal or with any industry directly affected by such dispute.
Numerical or timing control — Disqualifications for members of Tribunal and National Industrial Tribunal.—No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.
Evidence file — retain facts and records proving the role/status of: Tribunal.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 48 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

None expressly mapped in the current concordance.

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

Model Standing Orders, 2026 Labour litigation

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

Suppose an industrial establishment reaches a step governed by disqualifications for members of tribunal and national industrial tribunal. HR/IR should create a dated file showing coverage, the competent authority/union status, required notice or application, service proof and the result. One operative text point to test is: “Disqualifications for members of Tribunal and National Industrial Tribunal.—No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the a” Also test the express qualification/proviso before concluding the result.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 48

What does Section 48 of the Industrial Relations Code cover?

What is the main legal requirement or power in Section 48?

The first operative clause identified from the official text is: “No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.” Read it with the remaining subsections and any proviso below.

Does Section 48 contain a proviso or explanation?

Yes. A qualification extracted from the official text is: “Explanation.—For the purposes of this section "independent person" means a person who is unconnected with the industrial dispute referred to a Tribunal or National Industrial Tribunal or with any industry directly affected by such dispute.”

What time limit, percentage or amount appears in Section 48?

The provision contains this numerical/time expression: “Disqualifications for members of Tribunal and National Industrial Tribunal.—No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years.” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 48?

No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.

Is Section 48 currently operative?