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(1) The Commission shall consist of the following persons:

(a) a chairperson who shall be nominated by the employers’ organization and organized labour except that where there is failure to nominate a chairperson within sixty days as provided, the employers’ organization in consultation with organized labour shall submit the matter to a mediator agreed on by them; and

(b) six representatives, two each nominated by the Government, employer’s organization and organized labour.

(2) The chairperson and the other members of the Commission shall be appointed by the President acting in consultation with the Council of State.