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

The State Government of Gujarat constitutes an Industrial Tribunal under the Industrial Relations Code, 2020. A case on the legality of a strike at Narmada Chemicals is listed. Which bench must decide it?

A bench of one Judicial Member and one Administrative Member must decide it. Section 44(7) of the Industrial Relations Code, 2020 reserves cases on the illegality of a strike or lockout, among certain listed matters, to a combined bench, presided over by the Judicial Member.

  1. AA single Administrative Member
  2. BA bench of a Judicial Member and an Administrative MemberCorrect
  3. CA single Judicial Member only
  4. DAny one member chosen by the employer

Explanation

Section 44(7) requires a two-member bench (Judicial and Administrative) for cases on standing orders, discharge or dismissal, illegality of strike or lockout, retrenchment and closure, and trade union disputes. Other cases may go to a single member. The Judicial Member presides over such a bench.

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