Sections 43 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 43 lets the appropriate Government appoint conciliation officers to mediate in industrial disputes. Section 44 lets it constitute Industrial Tribunals, each with two members, one Judicial and one Administrative, and lists five kinds of case that must be decided by a bench of both.
The appropriate Government appoints conciliation officers to mediate and promote settlement, for a specified area or industry, permanently or for a limited period (s.43). It constitutes one or more Industrial Tribunals, each of two members: a Judicial Member and an Administrative Member (s.44(1), (2)). A bench may be both members or a single member (s.44(3)), but five categories of case, including standing orders, dismissal, strikes, retrenchment and closure, and trade union disputes, need a two-member bench (s.44(7)).
Section 43: conciliation officers
The appointment
Section 43(1): "The appropriate Government may, by notification, appoint such number of persons, as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes."
Section 43(2): an officer "may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited period."
The text gives four features. Appointment is by notification. The number is for the Government to decide. The officer's duty is to mediate and promote settlement. The appointment can be by area, by industry or by both, and permanent or temporary.
What a conciliation officer can do
Section 43 is only the appointment. The officer's powers are in s.49: to enter the premises of an establishment to which a dispute relates after reasonable notice (s.49(2)); to hold powers of a civil court in enforcing attendance, examining on oath and compelling production of documents (s.49(3), (4)); and to be deemed a public servant under s.21 of the Indian Penal Code (s.49(6)). See section 49. The conciliation procedure under the Central Rules is covered under rule 23.
The appropriate Government is the Central Government for Central-sphere establishments and the State Government for others (s.2(b)); the conciliation officer you deal with depends on that. The Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026) apply to Central-sphere establishments, and State-sphere establishments follow their State's own rules. Employers and unions who do not know which officer has jurisdiction can ask our legal dispute resolution team.
Section 44: the Industrial Tribunal
Constitution and membership: s.44(1) and (2)
The appropriate Government "may, by notification, constitute one or more Industrial Tribunals for the adjudication of industrial disputes and for performing such other functions as may be assigned to them under this Code". A Tribunal constituted by the Central Government also exercises the jurisdiction, powers and authority conferred on the Tribunal, as defined in clause (m) of section 2 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, by or under that Act. So the Central Government's Industrial Tribunal also takes on the EPF Act tribunal work.
"Every Industrial Tribunal shall consist of two members to be appointed by the appropriate Government out of whom one shall be a Judicial Member and the other, an Administrative Member."
Benches: s.44(3), (7) and (8)
A bench "shall consist of a Judicial Member and an Administrative Member or single Judicial Member or single Administrative Member" (s.44(3)). The Judicial Member presides where the bench has both (s.44(8)).
Section 44(7) makes the choice of bench depend on the case. A bench of one Judicial Member and one Administrative Member "shall entertain and decide the cases only relating to":
| Clause | Case type |
|---|---|
| (a) | Application and interpretation of standing order |
| (b) | Discharge or dismissal of workmen, including reinstatement of, or grant of relief to, workmen dismissed |
| (c) | Illegality or otherwise of a strike or lockout |
| (d) | Retrenchment of workmen and closure of establishment |
| (e) | Trade Union disputes |
"and the remaining cases shall be entertained and decided by the bench of the Tribunal consisting either a Judicial Member or an Administrative Member of the Tribunal." The word "only" in the printed text is awkward; the clear structure is that these five categories go to the two-member bench and the remaining cases to a single-member bench. The procedure of the Tribunal, including the distribution of cases among benches, is "such as may be prescribed".
Each category has its own article in this series: standing orders in sections 36 and 37, trade union disputes in sections 22 and 23, and dismissal relief in sections 50 to 52.
Service conditions: s.44(4) to (6)
- Central Tribunals (s.44(4)): the qualifications, method of recruitment, term of office, salaries and allowances, resignation, removal and other terms for the Judicial Member and the Administrative Member are "in accordance with the rules made under section 184 of the Finance Act, 2017". Proviso: a person who has held a post below the rank of Joint Secretary to the Government of India, or an equivalent rank in the Central or a State Government, is not eligible as Administrative Member.
- State Tribunals (s.44(5)): term of office, salaries and allowances, resignation, removal and other terms are as prescribed by the State Government.
- State appointees (s.44(6)): salary, allowances and terms of a Judicial or Administrative Member appointed by a State Government "shall not be varied to his disadvantage after his appointment".
Vacancies and staff: s.44(9) and (10)
If a vacancy, "other than a temporary absence", occurs in a National Industrial Tribunal or a Tribunal, it is filled as prescribed, "without prejudice to" the service rules in (4) or (5), and the proceeding continues "from the stage at which the vacancy is filled". The appropriate Government provides officers and staff as it thinks fit, in consultation with the Judicial Member (s.44(10)).
Example (invented). A worker dismissed for misconduct and a union disputing an election result both go to the Tribunal. Both are in the list in s.44(7) (clauses (b) and (e)), so a two-member bench, Judicial Member presiding, hears each. A dispute over an unpaid bonus is not in the list, so a single member may hear it. If a member's seat falls vacant mid-hearing, the case resumes from the stage reached when the vacancy is filled.
Why it matters
The old system had separate Labour Courts and Tribunals. The Code has one Industrial Tribunal with two kinds of members, and it moves pending cases across (s.51; see sections 50 to 52). The Code also provides for a National Industrial Tribunal for disputes of national importance or affecting several States; see sections 45 and 46. For background on how disputes were handled under the Industrial Disputes Act, 1947, see our post on industrial disputes under the new labour codes.
Need help with a dispute before a conciliation officer or Tribunal?
The first question in any dispute is where it goes and on what papers. Our legal dispute resolution team can help you identify the conciliation officer and Tribunal with jurisdiction, prepare your case and track the next step.
Key takeaways
- The appropriate Government appoints conciliation officers by notification, by area or industry, permanently or for a limited time (s.43).
- An Industrial Tribunal has a Judicial Member and an Administrative Member (s.44(2)); benches may be both, or one (s.44(3)).
- Five case types need a two-member bench: standing orders, dismissal, strikes or lock-outs, retrenchment and closure, and trade union disputes (s.44(7)).
- Central Tribunals also exercise the EPF Act tribunal jurisdiction (s.44(1)).
- A vacancy does not restart the case (s.44(9)).
Read next
- Section 45-46: finality of appointments and the National Industrial Tribunal
- Section 42: voluntary reference of disputes to arbitration
- Section 49: procedure and powers of conciliation officers and Tribunals
- Industrial disputes under the new labour codes
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.