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Which of the following statements regarding decisions of a Tribunal or a National Industrial Tribunal…

Under section 47(1) of the Industrial Relations Code, 2020, the decision of a Tribunal or National Industrial Tribunal shall be by consensus of the members. If the members…

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Which of the following statements regarding decisions of a Tribunal or a National Industrial Tribunal under section 47 of the Industrial Relations Code, 2020 is correct?

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Correct answer A

Under section 47(1) of the Industrial Relations Code, 2020, the decision of a Tribunal or National Industrial Tribunal shall be by consensus of the members. If the members differ in opinion on any point, s.47(2) requires them to state the point or points on which they differ and make a reference to the appropriate Government, which under s.47(3) appoints a Judicial Member of another Tribunal or a National Industrial Tribunal to hear those points; the points are then decided by the majority of the members who first heard the case together with that Judicial Member. Neither member's opinion automatically prevails, and the High Court plays no part in resolving the difference. (The Code has no Court of Inquiry, formerly s.6 of the Industrial Disputes Act, 1947.)

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