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Section 47: Constitution of Industrial Tribunal

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter VII: Mechanism for Resolution of Industrial Disputes
Competent Labour Forum
Act No. 35 of 2020
Section 46 All 104 Sections of Industrial Relations Code, 2020 Section 48

Legal Commentary & Landmark Judgments: Section 47

Section 47 of the Industrial Relations Code, 2020 governs the constitution of two-member Industrial Tribunals by the appropriate Government, mandating that each Tribunal bench shall consist of one Judicial Member and one Administrative Member to combine rigorous judicial scrutiny with practical industrial expertise.

  • Two-Member Bench Architecture: Substitutes the erstwhile single-member Labour Courts and Tribunals with a collegiate two-member bench comprising a Judicial Member and an Administrative Member.
  • Specialized Professional Qualifications: The Judicial Member is appointed from judicial officers of High Court or District Judge standing, while the Administrative Member is selected from senior civil servants with expertise in labour administration and economics.
  • Broad Subject-Matter Jurisdiction: Vested with comprehensive jurisdiction to adjudicate all industrial disputes, trade union recognition disputes, standing orders interpretations, and statutory approval applications.
Key Landmark Precedents:
  • Bharat Bank Ltd. v. Employees of Bharat Bank Ltd. AIR 1950 SC 188: Constitution Bench established that Industrial Tribunals exercise the judicial power of the State, functioning as specialized quasi-judicial bodies subject to Supreme Court appellate jurisdiction under Article 136.
  • Union of India v. R. Gandhi (2010) 11 SCC 1: Constitution Bench laid down governing norms for tribunalisation, mandating that technical tribunals must preserve judicial dominance, institutional independence, and parity with traditional courts.
Courtroom Practice & Strategic Litigation Guidance:

Pleadings before the two-member Industrial Tribunal must balance pure legal doctrine (tailored for the Judicial Member) with empirical operational, productivity, and balance sheet realities (tailored for the Administrative Member). When arguing wage revisions or workload disputes, present audited financial statements and industry-cum-region benchmarks.

Section 46 All 104 Sections of Industrial Relations Code, 2020 Section 48