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CS Executive · Setting Up of Business, Industrial and Labour Laws · The Industrial Relations Code, 2020

A Grievance Redressal Committee has 6 members: 3 for the employer and 3 for workers. On an application, 4 members vote in favour of a decision, of whom 1 represents the workers and 3 represent the employer. What is the legal result under the Code?

No decision is deemed to have been reached. Although four of six members voted for it, only one of three worker-representatives agreed, and the Code requires more than half of the worker-representatives to agree in addition to a majority view of the committee.

  1. AIt is deemed that no decision could be arrived at, as more than half of the worker-representatives did not agreeCorrect
  2. BThe decision stands as a majority view of 4 out of 6
  3. CThe chairperson's casting vote decides the matter
  4. DThe decision is valid if at least one worker-representative agrees

Explanation

Section 4(7) requires a majority view and also that more than half of the worker members agree. Half of 3 worker members is 1.5, so at least 2 are needed; only 1 agreed. Hence no decision is deemed reached despite 4 of 6 votes.

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