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Section 61: Removal of difficulties in relation to settlement or award

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 60 All 104 Sections of Industrial Relations Code, 2020 Section 62

Legal Commentary & Landmark Judgments: Section 61

Section 61 of the Industrial Relations Code, 2020 establishes a statutory procedure empowering the appropriate Government to refer questions concerning difficulties or doubts in the interpretation of an award or settlement to an Industrial Tribunal for binding, non-appealable clarification.

  • Government Reference for Interpretation: Triggered when a genuine difficulty or doubt arises between parties regarding the interpretation of any term in an operative settlement or award.
  • Summary Inquisitorial Adjudication: The Tribunal hears the parties and decides the question, providing an authoritative interpretation without modifying the substantive terms of the original award.
  • Binding Decision Integrated into Award: The Tribunal's decision becomes an integral part of the original award or settlement, resolving ambiguities with binding finality.
Key Landmark Precedents:
  • Central Bank of India v. P.S. Rajagopalan AIR 1964 SC 743: Constitution Bench held that the power to resolve difficulties cannot be used to rewrite or alter the substantive terms of an award under the guise of interpretation.
  • KCP Ltd. v. Presiding Officer (1996) 10 SCC 446: Supreme Court held that interpretive proceedings are limited to clarifying ambiguities and cannot be utilized as an appellate forum to reconsider finalized merits.
Courtroom Practice & Strategic Litigation Guidance:

When disputes emerge over the practical application of complex wage scales, fitment formulas, or pension terms in a tribunal award, do not file a fresh industrial dispute or contempt petition. Petition the Labour Department under Section 61 for an interpretive reference, formulating concise questions of construction.

Section 60 All 104 Sections of Industrial Relations Code, 2020 Section 62