Compliance & labour law · Updated October 2026
Under the Industrial Disputes Act, 1947, a Labour Court heard “rights” disputes such as dismissals, standing orders and illegal strikes, while an Industrial Tribunal could also decide “interest” disputes over wages, hours, bonus, retrenchment and closure. The Industrial Relations Code, 2020 drops labour courts altogether and sends every industrial dispute to a two-member Industrial Tribunal or, for national-level matters, a National Industrial Tribunal.
| Point | Labour Court (ID Act) | Industrial Tribunal (ID Act) | Industrial Tribunal (IR Code) |
|---|---|---|---|
| Bench | One presiding officer | One presiding officer | A Judicial Member and an Administrative Member (section 44) |
| Matters | Second Schedule: standing orders, discharge or dismissal, withdrawal of customary concessions, legality of strikes and lock-outs | Second and Third Schedule: also wages, allowances, hours, leave, bonus, PF, gratuity, retrenchment and closure | All industrial disputes, plus trade union disputes |
| How a case arrived | Usually a government reference after failed conciliation | Same | Direct application within 90 days of the conciliation failure report (section 53(6)) |
Under section 44(7), five kinds of case need the full two-member bench: standing orders, discharge or dismissal, legality of a strike or lock-out, retrenchment and closure, and trade union disputes. A dismissed or retrenched worker need not wait for the failure report: 45 days after applying to the conciliation officer, he can go straight to the tribunal, within two years of termination (section 4). Claims to compute money due, once a labour court job, now go to a tribunal the government specifies, which has three months to decide (section 59). The National Industrial Tribunal (sections 46 and 54) takes disputes the Central Government thinks are of national importance or affect establishments in more than one state.
The Code says pending labour court and tribunal cases transfer to the new tribunals (section 51), and that sitting presiding officers become Judicial Members (section 52). The new tribunals were not ready on 21 November 2025, so the Industrial Relations Code (Removal of Difficulties) Order, 2025 (S.O. 5683(E), 8 December 2025) let the old labour courts, tribunals and national tribunals keep hearing pending and fresh cases until the new bodies are constituted. The Industrial Relations Code (Amendment) Act, 2026 added a saving to the same effect, which the Kerala High Court has upheld. Court orders we saw from mid-2026 still describe the Code tribunals as not yet constituted, so a summons from a “Labour Court” is still normal.
Yes. The tribunal can examine whether the domestic enquiry was fair, and under section 50 it can give appropriate relief, including reinstatement, in a discharge or dismissal case.
One year from when it becomes enforceable, unless the government shortens it or extends it, up to three years in total (section 58). It then continues until 60 days after either side gives notice to end it.
For the National Industrial Tribunal, yes: the Central Government refers disputes to it. Ordinary disputes now reach the tribunal by application, after the grievance committee and conciliation stages.
Most tribunal cases start with a termination, so read our guide to misconduct, termination and domestic inquiry before you issue the letter.