Question
Under the Industrial Relations Code, 2020, which of the
following correctly describes the adjudicatory framework for industrial disputes, and what is the significance of the abolition of Labour Courts?Solution
One of the most significant structural changes under the Industrial Relations Code, 2020 is the complete abolition of Labour Courts a departure from the three-tier adjudicatory structure (Labour Court β Industrial Tribunal β National Industrial Tribunal) that existed under the Industrial Disputes Act, 1947. All industrial disputes are now adjudicated by Industrial Tribunals constituted by the appropriate Government, each comprising a Judicial Member and an Administrative Member. The Industrial Tribunal's jurisdiction has also been expanded significantly, under Section 22 of the Code, it now has jurisdiction over intra and inter-trade union disputes (such as disputes about administration, management, and elections within a trade union), removing civil courts from this domain. Cases pending before Labour Courts under the old IDA have been transferred to Industrial Tribunals. The National Industrial Tribunal constituted by the Central Government handles disputes of national importance or those involving workers from more than one state, and now consists of two members instead of one. Interim relief in the form of stay can be granted by Tribunals, but only in cases of dismissal or discharge of workers.
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