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CS Professional · Labour Laws and Practice · Law of Industrial Relations

A newly appointed officer, Mr. Rao, held a post below the rank of Joint Secretary to the Government of India in a State Government. He is proposed as Administrative Member of an Industrial Tribunal constituted by the Central Government. What is the position under the Industrial Relations Code, 2020?

Mr. Rao is not eligible. The proviso to section 44(4) of the Industrial Relations Code, 2020 bars anyone who has held a post below the rank of Joint Secretary to the Government of India, or an equivalent rank, from appointment as Administrative Member of the Tribunal.

  1. AHe is eligible if he has ten years of service
  2. BHe is not eligible, as a person who held a post below Joint Secretary rank cannot be appointedCorrect
  3. CHe is eligible if the State Government recommends him
  4. DHe is eligible but only as a single-member bench

Explanation

The proviso to section 44(4) says a person who has held a post below the rank of Joint Secretary to the Government of India or equivalent rank in the Central or a State Government is not eligible to be Administrative Member. Years of service or recommendation do not cure this.

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