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Section 48: National 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 47 All 104 Sections of Industrial Relations Code, 2020 Section 49

Legal Commentary & Landmark Judgments: Section 48

Section 48 of the Industrial Relations Code, 2020 empowers the Central Government to constitute National Industrial Tribunals to adjudicate industrial disputes involving questions of national importance or establishments situated across multiple States, superseding State Tribunal jurisdiction.

  • Exclusive Central Government Prerogative: The Central Government alone possesses statutory authority to constitute National Industrial Tribunals by notification in the Official Gazette.
  • Statutory Threshold of National or Inter-State Scope: Disputes must involve questions of national importance or involve industrial establishments located in more than one State, where uniform adjudication is imperative.
  • Overriding Jurisdictional Primacy: Upon reference of a dispute to a National Industrial Tribunal, any pending proceeding before a State Industrial Tribunal regarding matters covered by the reference stands stayed and extinguished.
Key Landmark Precedents:
  • Air India v. Nergesh Meerza (1981) 4 SCC 335: Supreme Court reviewed national-level industrial adjudication concerning unified service conditions across interstate aviation networks, highlighting the necessity of uniform national settlement.
  • Indian Airlines Corp. v. Capt. KMC Kulshreshtha AIR 1957 Cal 348: High Court recognized the overriding authority of national industrial adjudication over multi-state enterprises, preventing conflicting regional awards.
Courtroom Practice & Strategic Litigation Guidance:

In industrial disputes involving multi-state corporations, banking entities, or pan-Indian transport networks, petition the Union Ministry of Labour & Employment for National Tribunal reference under Section 48. This prevents multiple conflicting State Tribunal awards and achieves a single, binding nationwide service settlement.

Section 47 All 104 Sections of Industrial Relations Code, 2020 Section 49