MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTESCentral
Section 54 of The Industrial Relations Code, 2020
Reference to and functions of National Industrial Tribunal.
- (1)The Central Government may refer an industrial dispute to a National Industrial Tribunal which in the opinion of such Government involves question of national importance or is of such a nature that industrial establishments situated in more than one State are likely to be interested in, or affected by such industrial dispute.
- (2)Where an industrial dispute has been referred under sub-section (1) or transferred under section 92 by the Central Government to a National Industrial Tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring or transferring such industrial dispute or further period extended by the Central Government, submit its award to that Government.
Summary
- The Central Government can send a dispute to the National Industrial Tribunal if it involves a "question of national importance."
- It also refers disputes to this National Tribunal if businesses in more than one state are likely to be affected.
- The National Tribunal is required to hold its proceedings quickly (expeditiously).
- It must submit its final decision (award) within the specific time limit set by the government in the referral order.
- The government has the power under Section 92 to pull a case from a regular Tribunal and transfer it to the National Industrial Tribunal.
Practical examples
1A strike in the national banking sector involves branches in every state. The Central Government declares it a national importance issue and refers it to the National Industrial Tribunal.
2A case about port worker safety is currently at a State Tribunal. The Central Government uses its Section 92 powers to transfer it to the National level because the outcome will affect all major ports in India.
FAQ
1. Who decides if a case goes to the National Industrial Tribunal?
The Central Government makes this decision based on its opinion of the case's importance.
2. What makes a case qualify for the National Tribunal?
It must involve questions of national importance or affect industrial establishments in more than one state.
Test yourself
1.Under Section 54 of The Industrial Relations Code, 2020, which authority refers disputes to the National Industrial Tribunal?
2.Under Section 54 of The Industrial Relations Code, 2020, a dispute can be referred if it involves:
3.Under Section 54 of The Industrial Relations Code, 2020, the National Tribunal must submit its award:
4.Under Section 54 of The Industrial Relations Code, 2020, how does Section 92 relate to these functions?