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Section 57: Finality of orders constituting 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 56 All 104 Sections of Industrial Relations Code, 2020 Section 58

Legal Commentary & Landmark Judgments: Section 57

Section 57 of the Industrial Relations Code, 2020 enacts an absolute statutory bar insulating Government orders constituting Industrial Tribunals or appointing members from judicial challenge, while validating tribunal acts and proceedings against technical challenges founded on vacancies or constitutional defects.

  • Absolute Immunity for Appointment Orders: No executive order of the appropriate Government appointing any person as a member of a Tribunal can be called in question in any manner before any judicial or administrative forum.
  • Validation of Acts and Proceedings: No hearing, order, or award of an Industrial Tribunal can be invalidated merely because of a vacancy in the bench or a defect in the constitution of the Tribunal.
  • Preservation of Adjudicatory Continuity: Guarantees that collective bargaining disputes are not derailed by protracted litigation challenging the administrative process of tribunal formation.
Key Landmark Precedents:
  • Gokaraju Rangaraju v. State of Andhra Pradesh (1981) 3 SCC 132: Affirmed the de facto doctrine, ruling that acts of judges within the scope of their office cannot be collaterally challenged even if their appointment suffers from technical defects.
  • Central Bank of India v. Meenakshi Sundaram (1971) 2 SCC 514: Supreme Court upheld the validity of industrial awards against collateral challenges asserting irregular bench constitution.
Courtroom Practice & Strategic Litigation Guidance:

In resisting appellate or writ challenges against an award, cite Section 57 to extinguish objections regarding bench vacancies or member transfer irregularities. Clarify to the court that appointment legality can only be tested via direct Quo Warranto petitions against the appointing Government.

Section 56 All 104 Sections of Industrial Relations Code, 2020 Section 58