Sections 47 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 47 says how a Tribunal or a National Industrial Tribunal reaches its decision: by consensus of its members, and by a special route if the members differ. Section 48 lists who cannot be appointed, or continue, as a member: a person who is not independent, or who has reached sixty-five.
A decision of a Tribunal or National Industrial Tribunal is by consensus of the members (s.47(1)). If members differ in opinion, they state the point and refer it to the appropriate Government, which appoints a Judicial Member of another Tribunal to hear that point, and it is decided by the majority (s.47(2), (3)). Under s.48 nobody may be appointed to, or continue in, the office if he is not an independent person or has attained sixty-five years.
Section 47: how the Tribunal decides
Under the Code, a Tribunal is ordinarily a bench of a Judicial Member and an Administrative Member (see sections 43 and 44). The National Industrial Tribunal also has a Judicial and an Administrative Member (see sections 45 and 46). Section 47 sets the decision rule for both.
| Sub-section | What it says |
|---|---|
| 47(1) | The decision of a Tribunal or a National Industrial Tribunal "shall be by consensus of the members" |
| 47(2) | If the members differ in opinion on any point, they "shall state the point or points on which they differ, and make a reference to the appropriate Government" |
| 47(3) | The appropriate Government appoints a Judicial Member of another Tribunal (or a National Industrial Tribunal) who hears the point or points himself |
What "consensus" means in practice
The Code does not define consensus beyond the word itself. Read with s.47(2), the working meaning is agreement between the members. Unlike a simple majority vote, the members of the original bench do not outvote each other; if they cannot agree, the Code sends the disputed point elsewhere.
The differing-opinion route
The steps under s.47(2) and (3) are:
- The members record the point or points on which they differ. They do not send the whole case away, only the points of difference.
- They refer those points to the appropriate Government.
- The appropriate Government appoints a Judicial Member of another Tribunal, or of a National Industrial Tribunal, to hear the point or points himself.
- The point is decided according to the majority of the members who first heard the case, including the Judicial Member of the other Tribunal "who heard the case thereafter".
So the third Judicial Member does not decide alone and does not rehear everything. He hears the disputed point, and his view counts alongside those of the members who first heard the case. With a two-member bench that divides equally, his view settles the point.
Example (invented). A Tribunal with a Judicial Member and an Administrative Member hears a dispute about whether a group of workers was covered by a settlement. On the question of the settlement's scope they differ. They record that point, refer it to the appropriate Government, and a Judicial Member of another Tribunal is appointed to hear it. If he agrees with one of the two original members, that view forms the majority and the point is decided accordingly, and the rest of the award follows.
If you are a party to such a dispute, the record of the differing points matters, because that is what the third Judicial Member hears. Our legal dispute resolution team can help you prepare submissions for the point in issue.
Section 48: disqualifications of members
Section 48 provides: "No person shall be appointed to, or continue in, the office of the member of a Tribunal or National Industrial Tribunal, respectively, if— (a) he is not an independent person; or (b) he has attained the age of sixty-five years."
Two grounds
- Not an independent person (clause (a)). The Explanation says that "independent person" means a person "who is unconnected with the industrial dispute referred to a Tribunal or National Industrial Tribunal or with any industry directly affected by such dispute".
- Age of sixty-five (clause (b)). A person who has attained sixty-five cannot be appointed, and one who reaches that age cannot continue.
Points to read carefully
- The independence test has two limbs: no connection with the dispute referred, and no connection with any industry directly affected by it. A person connected with either is not independent.
- The words "appointed to, or continue in" mean the bar works at entry and during service. A member who reaches sixty-five during a part-heard matter is caught by the words "continue in".
- Section 48 names both Judicial and Administrative Members by speaking of "the office of the member". It does not say how a part-heard case proceeds if a member must leave; s.44(9) on filling a vacancy in a Tribunal, discussed in our sections 43 and 44 article, is the provision that deals with vacancies.
- The section does not say who decides whether a person is independent. It is stated as a disqualification in the Code's own words, and we do not add a procedure that the text does not contain.
The Central Rules, 2026 (G.S.R. 342(E), 8 May 2026), in the text reviewed, add no separate rule on decisions by consensus or on these disqualifications. They apply to Central-sphere establishments; where the State Government is the appropriate Government, the State's own rules and notifications apply.
Sections 47 and 48 together
| Question | Answer | Section |
|---|---|---|
| How is a decision reached? | By consensus of the members | 47(1) |
| What if the members differ? | State the point, refer to appropriate Government | 47(2) |
| Who hears the point? | A Judicial Member of another Tribunal or National Industrial Tribunal | 47(3) |
| How is the point decided? | By majority, counting the added Judicial Member | 47(3) |
| Who is disqualified? | A person not independent or aged sixty-five | 48 |
Need help with a Tribunal dispute?
When members of a bench differ, or a member's independence is in doubt, the points that go forward need to be put precisely. Our legal dispute resolution team can help employers and unions frame and present them.
Key takeaways
- Tribunal and National Industrial Tribunal decisions are by consensus of the members (s.47(1)).
- If members differ, the point is referred to the appropriate Government, which appoints a Judicial Member of another Tribunal to hear it (s.47(2), (3)).
- The point is decided by the majority of the members who first heard the case together with the added Judicial Member.
- A person who is not independent, or has reached sixty-five, cannot be appointed or continue (s.48).
- "Independent" means unconnected with the dispute and with any industry directly affected by it.
Read next
- Section 43-44: conciliation officers and Industrial Tribunals
- Section 49: procedure and powers of conciliation officers and Tribunals
- Section 55: form of award and commencement
- 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.