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Section 50: Powers of Tribunal to grant interim relief

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 49 All 104 Sections of Industrial Relations Code, 2020 Section 51

Legal Commentary & Landmark Judgments: Section 50

Section 50 of the Industrial Relations Code, 2020 explicitly empowers the Industrial Tribunal to grant interim relief to disputing parties during the pendency of proceedings, establishing a statutory mechanism to prevent irreparable hardship and maintain industrial peace pendente lite.

  • Statutory Interim Relief Jurisdiction: Provides explicit statutory authority to grant interlocutory relief during the pendency of any proceeding before the Tribunal, removing historical doubts regarding inherent interim jurisdiction.
  • Equitable Triple Test for Injunction/Relief: Applicant must establish a strong prima facie case, grave balance of convenience, and imminent irreparable injury or economic destitution.
  • Relief Modalities & Limits: Encompasses interim subsistence wages, temporary stays against punitive transfer orders, or preservation of status quo; however, interim relief cannot decide the final reference at an interlocutory stage.
Key Landmark Precedents:
  • Management of Hotel Imperial v. Hotel Workers' Union AIR 1959 SC 1342: Supreme Court established that industrial tribunals have the incidental power to grant interim relief, including interim wages, provided the order does not amount to a pre-judgment on the merits of the dispute.
  • Delhi Cloth and General Mills Co. Ltd. v. Rameshwar Dayal AIR 1961 SC 689: Supreme Court held that interim relief should only be granted in exceptional situations of extreme hardship and cannot grant the entire substantive relief claimed in the main dispute.
Courtroom Practice & Strategic Litigation Guidance:

When drafting an interim relief application under Section 50, attach an affidavit of extreme hardship showing lack of alternative employment, pending medical expenses, or imminent eviction. Management resisting interim relief must demonstrate that the main dispute is legally unsustainable and offer financial security in lieu of reinstatement.

Section 49 All 104 Sections of Industrial Relations Code, 2020 Section 51