(wl 3009)-How Can The Industrial Relations Code Of 2020 Weaken Industrial Adjudication?

The Industrial Relations Code of 2020 represents a transformative shift in India’s industrial dispute resolution system, consolidating Labour Courts (LCs) and Industrial Tribunals (ITs) into a single entity comprising Judicial and Administrative Members. While the reform aims to streamline adjudication, it risks exacerbating existing inefficiencies, particularly regarding the transfer of pending cases in LCs and ITs, the delineation of rights versus interest disputes, and the potential for further delays in deciding cases. We suspect that by merging the specialised roles of LCs and ITs, the Code may inadvertently compromise the effectiveness of dispute resolution. Therefore, clear guidelines and robust transitional mechanisms are imperative to ensure that the reform addresses, rather than aggravates, the challenges it seeks to resolve.

Authors

Publication Details

Journal
Economic and political weekly/Economic & political weekly
Published
2025-03-15
DOI
https://doi.org/10.71279/epw.v60i11.42795
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

(wl 3009)-How Can The Industrial Relations Code Of 2020 Weaken Industrial Adjudication?

Santanu Sarkar
Economic and political weekly/Economic & political weekly
European and International Law Studies
article

(wl 3009)-How Can The Industrial Relations Code Of 2020 Weaken Industrial Adjudication?

Santanu Sarkar
article en

Abstract

The Industrial Relations Code of 2020 represents a transformative shift in India’s industrial dispute resolution system, consolidating Labour Courts (LCs) and Industrial Tribunals (ITs) into a single entity comprising Judicial and Administrative Members. While the reform aims to streamline adjudication, it risks exacerbating existing inefficiencies, particularly regarding the transfer of pending cases in LCs and ITs, the delineation of rights versus interest disputes, and the potential for further delays in deciding cases. We suspect that by merging the specialised roles of LCs and ITs, the Code may inadvertently compromise the effectiveness of dispute resolution. Therefore, clear guidelines and robust transitional mechanisms are imperative to ensure that the reform addresses, rather than aggravates, the challenges it seeks to resolve.

Economic and political weekly/Economic & political weeklyVol. 60(11)
Openalex Percentile: Top 80%
European and International Law Studies
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