Question
Under Section 44 of the Industrial Relations Code, 2020,
the Industrial Tribunal is constituted with a specific composition and jurisdiction. Which of the following correctly describes its constitution and the bifurcated bench system for adjudication?Solution
Section 44 of the Industrial Relations Code, 2020 constitutes Industrial Tribunals comprising a Judicial Member and an Administrative Member a significant departure from the old Industrial Disputes Act, 1947 which provided only for a single-member Labour Court or Industrial Tribunal presided over by a Judicial Officer. The Code introduces a bifurcated bench system for efficient disposal of cases: a two-member bench (Judicial + Administrative) is mandated for adjudicating the most serious categories specifically cases relating to discharge, dismissal, retrenchment, closure, strike/lock-out, and application and interpretation of standing orders where both legal and managerial expertise are needed. For all remaining cases, however, the Code permits flexibility: they may be decided by either the Judicial Member or the Administrative Member sitting alone, as prescribed dramatically reducing the backlog of pending industrial disputes by avoiding the mandatory full-bench requirement for routine matters. An important expansion under the Code is that disputes of registered trade unions themselves (not just individual workers or employers) have been included within the jurisdiction of the Industrial Tribunal under Section 22 a new addition not present under the old Industrial Disputes Act. Here are 2 fresh concept-based questions on the Code on Social Security, 2020 covering the National Social Security Board and Building & Construction Workers' Cess:
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