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Chapter XIV · Industrial Relations Code

Miscellaneous

This chapter freezes an employer's hand while a dispute is pending: service conditions linked to the dispute cannot be worsened and workers cannot be punished over it without the authority's written permission, with extra protection for recognised union office-bearers. It also sets who may represent the parties (lawyers only in limited cases), protects workers who refuse to join an illegal strike, and gives the government powers to exempt, make rules and remove difficulties. Its last section repeals the Trade Unions Act, the Standing Orders Act and the Industrial Disputes Act, as amended in 2026.

15 sections ~22 min read Official text, PDF pp. 43–51
HR managersIndustrial relations officersTrade union office-bearersBusiness owners

Key points

  1. 1While a dispute is pending before a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, the employer cannot worsen service conditions on matters linked to the dispute, or punish a worker for misconduct linked to it, without that authority's written permission. §90
  2. 2For matters not linked to the dispute, the employer may act under the standing orders or the contract, but a discharge or dismissal needs one month's wages paid and an application to the authority for approval of the action. §90
  3. 3Protected workers, the recognised union office-bearers, who are involved in the dispute cannot have their conditions worsened or be discharged or punished during the pending dispute without the authority's express written permission, even for unrelated misconduct. §90
  4. 4An employee hit by a breach of these rules can complain in writing to the authority hearing the dispute: a conciliation officer takes it into account in the conciliation, while an arbitrator, Tribunal or National Industrial Tribunal decides it as if it were a dispute referred to it. §91
  5. 5Lawyers cannot appear in conciliation; before a Tribunal or National Industrial Tribunal they need the other parties' consent and the Tribunal's leave. Otherwise the Code lets parties be represented by union or employers' association officers. §94
  6. 6The Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947 stand repealed from the notified date, the old Tribunals and statutory authorities keep working until the Code's bodies are functional, and actions taken under the old Acts carry over so far as they are not contrary to the Code. §104

At a glance

1% of workers (minimum 5, maximum 100)Protected workers per establishmentSection 901 monthWages to be paid before discharge or dismissal during a pending disputeSection 903 months (extendable with written reasons)Time for the authority to decide an approval applicationSection 9030 days (in one or more sessions)Period Central rules sit before ParliamentSection 9930 days (in one or more sessions)Period Schedule-change notifications sit before ParliamentSection 1013 years from the Code's commencementWindow to issue removal-of-difficulty ordersSection 103
Earlier law:Industrial Disputes Act, 1947Trade Unions Act, 1926Industrial Employment (Standing Orders) Act, 1946
90

Conditions of service, etc., to remain unchanged under certain circumstances during pendency of proceedings

In plain words

While a dispute (over matters not covered by an employer's notice of change under section 40) is pending before a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, the employer needs that authority's written permission to worsen dispute-linked service conditions or punish a worker for dispute-linked misconduct. For unrelated misconduct it may act under the standing orders or contract, but before discharging or dismissing it must pay one month's wages and apply to the authority for approval, which should be decided within three months. Protected workers involved in the dispute (1% of the workforce, minimum 5, maximum 100) cannot be touched at all without permission.

(1)

Where an industrial dispute pertaining to an establishment or undertaking is already pending before a conciliation officer or an Arbitrator or a Tribunal or a National Industrial Tribunal, as the case may be, with regard to matters not covered by the notice of change issued by an employer under section 40, no employer shall—

(a)

in regard to any matter connected with such dispute, alter to the prejudice of the workers concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceedings; or

(b)

for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise any worker concerned in such dispute,

save with the express permission in writing of the authority before which the proceeding is pending.

(2)

During the pendency of any such proceeding in respect of an industrial dispute referred in sub-section (1), the employer may, in accordance with standing orders applicable to a worker concerned in such dispute or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the worker—

(a)

alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that worker immediately before the commencement of such proceeding; or

(b)

for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that worker:

Proviso

Provided that no such worker shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer.

(3)

Notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any proceeding in respect of an industrial dispute, take any action against any protected worker concerned in such dispute—

(a)

by altering, to the prejudice of such protected worker, the conditions of service applicable to him immediately before the commencement of such proceeding; or

(b)

by discharging or punishing, whether by dismissal or otherwise, such protected worker,

save with the express permission in writing of the authority before which the proceeding is pending.

Explanation

Explanation.—For the purposes of this sub-section, a "protected worker" in relation to an establishment, means a worker who, being a member of the executive or other office-bearer of a registered Trade Union connected with the establishment, is recognised as such in accordance with rules made in this behalf.

(4)

In every establishment, the number of workers to be recognised as protected workers for the purposes of sub-section (3) shall be one per cent. of the total number of workers employed therein subject to a minimum number of five protected workers and a maximum number of one hundred protected workers and for the aforesaid purpose, the appropriate Government may make rules providing for the distribution of such protected workers among various Trade Unions, if any, connected with the establishment and the manner in which the workers may be chosen and recognised as protected workers.

(5)

Where an employer makes an application to conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, as the case may be, under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, within a period of three months from the date of receipt of such application, such order in relation thereto as it deems fit:

Proviso

Provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further periods as it may think fit:

Proviso

Provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being completed.

Source: The Industrial Relations Code, 2020, official gazette copy, page 43
91

Special provision for adjudication as to whether conditions of service, etc., changed during pendency of proceedings

In plain words

An employee hurt by an employer's breach of section 90 can complain in writing, in the manner prescribed by rules, to the conciliation officer, who takes it into account in the conciliation, or to the arbitrator, Tribunal or National Industrial Tribunal, which decides it as if it were a referred dispute and sends its award to the government.

Where an employer contravenes the provisions of section 90 during the pendency of proceedings before conciliation officer, arbitrator, Tribunal or National Industrial Tribunal, as the case may be, any employee aggrieved by such contravention, may make a complaint in writing in such manner as may be prescribed—

(a)

to such conciliation officer, and the conciliation officer shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and

(b)

to such arbitrator, Tribunal or National Industrial Tribunal and on receipt of such complaint, the arbitrator, Tribunal or National Industrial Tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this Code and shall submit his or its award to the appropriate Government and the provisions of this Code shall apply accordingly.

Source: The Industrial Relations Code, 2020, official gazette copy, page 44
92

Power to transfer certain proceedings

In plain words

The government can move a pending case from one Tribunal to another, the Central Government can move a case from any Tribunal to a National Industrial Tribunal, and the new forum may start afresh or continue from where it stood; the Central Government can also let a State Tribunal hear cases where it is the appropriate Government.

(1)

The appropriate Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this Code pending before a Tribunal and transfer the same to another Tribunal, as the case may be, for the disposal of the proceeding and the Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred.

(2)

The Central Government may, by order in writing and for reasons to be stated therein, withdraw any proceeding pending under this Code before a Tribunal constituted by the Central Government or the State Government and transfer to a National Industrial Tribunal for disposal of the proceeding and the National Industrial Tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred.

(3)

The Central Government may, by notification, and for reasons to be stated therein, empower a Tribunal constituted by the State Government to entertain and dispose of the cases arising within their respective jurisdiction under the provisions of this Code where the appropriate Government is the Central Government.

Source: The Industrial Relations Code, 2020, official gazette copy, page 45
93

Protection of persons

In plain words

A person who refuses to take part, or to keep taking part, in an illegal strike or lock-out cannot be expelled, fined, denied benefits or put at a disadvantage by a trade union or society, whatever its rules say, and a civil court can order compensation from the union's or society's funds instead of restoring membership.

(1)

No person refusing to take part or to continue to take part in any strike or lock-out which is illegal under this Code shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any Trade Union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the Union or society, anything to the contrary in rules of a Trade Union or society notwithstanding.

(2)

Nothing in the rules of a Trade Union or society requiring the settlement of dispute in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the civil court may, in lieu of ordering a person who has been expelled from membership of a Trade Union or society to be restored to membership, order that he be paid out of the funds of the Trade Union or society such sum by way of compensation or damages as that court thinks just.

Source: The Industrial Relations Code, 2020, official gazette copy, page 45
94

Representation of parties

In plain words

A worker may be represented by an office-bearer of their union or its federation (or, if not a union member, by an authorised union office-bearer or fellow worker in the industry), an employer by an officer of its employers' association or federation, and lawyers are barred from conciliation and allowed before a Tribunal only with the other parties' consent and the Tribunal's leave.

(1)

A worker who is a party to a dispute shall be entitled to be represented in any proceeding under this Code by—

(a)

any member of the executive or other office-bearer of a registered Trade Union of which he is a member;

(b)

any member of the executive or other office-bearer of a federation of Trade Unions to which the Trade Union referred to in clause (a) is affiliated;

(c)

where the worker is not a member of any Trade Union, any member of the executive or other office-bearer of any Trade Union connected with, or by any other worker employed in the industry in which the worker is employed and authorised in such manner as may be prescribed.

(2)

An employer who is a party to a dispute shall be entitled to be represented in any proceeding under this Code by—

(a)

an officer of an association of employer of which he is a member;

(b)

an officer of a federation of associations of employers to which the association referred to in clause (a) is affiliated;

(c)

where the employer is not a member of any association of employers, an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed.

(3)

No party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this Code or any proceedings before Tribunal or National Industrial Tribunal.

(4)

Notwithstanding anything contained in sub-section (3), in any proceeding before a Tribunal or a National Industrial Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Tribunal or National Industrial Tribunal, as the case may be.

Source: The Industrial Relations Code, 2020, official gazette copy, page 45
95

Removal of doubts in interpretation of award or settlement

In plain words

If the government finds a doubt over what an award or settlement means, it can refer the question to a Tribunal or National Industrial Tribunal, whose decision after hearing the parties is final and binding.

(1)

If, in the opinion of the appropriate Government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such Tribunal or National Industrial Tribunal as it may think fit.

(2)

A Tribunal or National Industrial Tribunal to which such question is referred shall, after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such parties.

Source: The Industrial Relations Code, 2020, official gazette copy, page 46
96

Power to exempt

In plain words

The government can, by notification, exempt an establishment or class of establishments, conditionally or unconditionally, from a provision of the Code where adequate provisions already exist to fulfil its objects, and can exempt new establishments from all or any provisions for a notified period in the public interest, with earlier State notifications of this kind under the Industrial Disputes Act staying in force for their remaining term.

(1)

Where the appropriate Government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings that adequate provisions exist to fulfil the objects of any provision of this Code, it may, by notification, exempt, conditionally or unconditionally such establishment or undertaking or, class of establishments or undertakings from that provision of this Code.

(2)

Notwithstanding anything contained in sub-section (1), where the appropriate Government is satisfied in relation to any new industrial establishment or new undertaking or class of new industrial establishments or new undertakings that it is necessary in the public interest so to do, it may, by notification, exempt, conditionally or unconditionally, any such new establishment or new undertaking or class of new establishments or new undertakings from all or any of the provisions of this Code for such period from the date of establishment of such new industrial establishment or new undertaking or class of new establishments or new undertakings, as the case may be, as may be specified in the notification:

Proviso

Provided that any notification issued by a State Government under the Industrial Disputes Act, 1947, prior to the commencement of this Code, to achieve the purpose as is specified in this sub-section in the State, shall remain in force after such commencement for its remaining period as if the provisions of this Code have not been brought into force to the extent they defeat any purpose to be achieved by such notification issued by that State Government.

Explanation

Explanation.—For the purposes of this sub-section, the expression "new industrial establishment or new undertaking or class of new industrial establishments or new undertakings" means such industrial establishment or undertaking or class of industrial establishments or undertakings which are established within a period as may be specified in the notification.

Source: The Industrial Relations Code, 2020, official gazette copy, page 46
97

Jurisdiction of civil courts barred

In plain words

Civil courts cannot hear any matter covered by the Code or grant an injunction against anything done or intended under it.

No civil court shall have jurisdiction in respect of any matter to which any provision of this Code applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Code.

Source: The Industrial Relations Code, 2020, official gazette copy, page 46
98

Protection of action taken in good faith

In plain words

No suit, prosecution or other case lies against anyone for anything done or intended in good faith under the Code or its rules.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Code or any rules made thereunder.

Source: The Industrial Relations Code, 2020, official gazette copy, page 46
99

Power of appropriate Government to make rules

In plain words

The appropriate Government makes rules to carry out the Code after previous publication (which it may cut short or skip in the public interest), on a long list of matters such as Works Committees, union registration, standing orders, strike notices and retrenchment notices; the Central Government must make rules on recognising Central Trade Unions and on penalty enquiries under section 85, and rules must be laid before the State Legislature or Parliament.

(1)

The appropriate Government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Code:

Proviso

Provided that the appropriate Government may, if it is satisfied that circumstances exist which render it necessary or expedient in the public interest so to do, dispense with the condition of previous publication or reduce the required time period for inviting objections or suggestions on such previous publication to the extent as it may deem fit.

(2)

In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(a)

written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding to arrive at a settlement under clause (zi) of section 2;

(b)

constitution of Works Committee and choosing of representatives of employer and workers engaged in the establishment under section 3;

(c)

manner of choosing members from the employer and the workers for Grievance Redressal Committee under sub-section (2) of section 4;

(d)

application in respect of any dispute to be filed before the Grievance Redressal Committee by any aggrieved worker under sub-section (5) of section 4;

(e)

manner of filing application for the conciliation of grievance as against the decision of the Grievance Redressal Committee to the conciliation officer under sub-section (8) of section 4;

(f)

the payment of a subscription by members of the Trade Union and donation from such members and others under clause (f) of section 7;

(g)

manner of annual audit under clause (j) of section 7;

(h)

form of declaration to be made by an affidavit and the manner of making the same under clause (a) of sub-section (1) of section 8;

(i)

general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars under sub-section (2) of section 8;

(j)

the form of application for registration under sub-section (1), and the form of issuing certificate of registration to be issued by the Registrar to the applicant Trade Union under sub-section (2) of section 9;

(k)

the form of entering the name and other particulars of Trade Union in a register maintained by the Registrar in this behalf under sub-section (3) of section 9;

(l)

verification of application of the Trade Union under sub-section (5) of section 9;

(m)

period within which appeal is to be preferred by Trade Union to Tribunal under sub-section (1) of section 10;

(n)

sending of communication and notices under sub-section (1) and the manner to inform the Registrar under sub-section (3) of section 11;

(o)

matters on which negotiating union or negotiating council, as the case may be, in an industrial establishment may negotiate with the employer of the industrial establishment under sub-section (1) and the criteria to be followed by the employer of industrial establishment under sub-section (2) of section 14;

(p)

manner of verification of workers on the muster roll of the industrial establishment, under sub-sections (3) and (4) and the facilities to be provided by industrial establishment to a negotiating union or negotiating council under sub-section (7) of section 14;

(q)

the objects under sub-section (1) and sub-section (2) and the subscription payable under sub-section (4) of section 15;

(r)

manner of making application for adjudication before the Tribunal under sub-section (1) of section 22;

(s)

manner of amalgamation under sub-section (2), and the manner of sending signed amalgamation to the Registrar of a different State under sub-section (3) of section 24;

(t)

distribution of funds of the Trade Union on dissolution by Registrar under sub-section (2) of section 25;

(u)

the date before which a general statement shall be forwarded annually to the Registrar, the particulars to be contained in general statement and its form, the person by whom and the manner in which such general statement shall be audited under clause (a) of sub-section (1) of section 26;

(v)

manner and purpose of recognition of a Trade Union or a federation of Trade Unions by the State Government as a State Trade Union at the State level and the authority and the manner of deciding dispute by it under sub-section (2) of section 27;

(w)

the manner of forwarding information to the certifying officer under sub-section (3) of section 30 and the period within which the amendment of standing order is to be done as observed by the certifying officer under the proviso thereof;

(x)

manner of choosing representatives of the workers of the industrial establishment or undertaking for issuing notice by certifying officer, where there is no Trade Union operating, under sub-section (5) and the manner of authentication of certified standing orders under sub-section (8) of section 30;

(y)

statement to be accompanied with draft standing orders under sub-section (9) of section 30;

(z)

conditions for submission of draft standing orders by group of employers in similar establishment under sub-section (10) of section 30;

(za)

manner of disposal of appeal by the appellate authority under section 32;

(zb)

the manner of sending copies of the order of the appellate authority under sub-section (1) and the language and the manner of maintaining standing order under sub-section (2) of section 33;

(zc)

form of register for filing finally certified standing orders by the certifying officer and fee for furnishing certified copy of such orders under section 34;

(zd)

application for modification of standing orders to be made before certifying officer under sub-section (2) of section 35;

(ze)

the manner of giving of notice of the nature of the change proposed to be effected under clause (i) of section 40;

(zf)

form of arbitration agreement and the manner to be signed by the parties thereto under sub-section (3) of section 42;

(zg)

manner of issuance of notification where an industrial dispute has been referred to arbitration under sub-section (5) of section 42;

(zh)

manner of choosing representatives of the workers where there is no Trade Union under the proviso to sub-section (5) of section 42;

(zi)

manner of filling up the vacancy under sub-section (9) of section 44;

(zj)

the procedure for selection, salaries and allowances and other terms and conditions of Judicial and Administrative Members of the National Industrial Tribunal under sub-section (6) of section 46;

(zk)

such other matters in respect of which a conciliation officer, Tribunal and National Industrial Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure,1908 under sub-section (3) of section 49;

(zl)

manner of holding conciliation proceedings under sub-section (1), form of full report under sub-section (4), and the form of application and the manner of deciding such application under sub-section (6), of section 53;

(zm)

the number of persons by whom the notice of strike shall be given, the person or persons to whom such notice shall be given, and the manner of giving such notice, under sub-section (4) of section 62;

(zn)

manner of giving notice of lock-out under sub-section (5) and the authority under sub-section (6) of section 62;

(zo)

manner of serving notice before retrenchment of a worker employed in the industry who has been in continuous service for not less than one year by an employer on the appropriate Government or such authority as may be specified by the appropriate Government by notification under clause (c) of section 70;

(zp)

manner in which the employer shall give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment under section 72;

(zq)

manner in which the employer shall serve notice on the appropriate Government stating clearly the reasons for the intended closure of the undertaking under sub-section (1) of section 74;

(zr)

manner of making application by the employer stating clearly the reasons for the intended lay-off and the manner of serving copy of such application to workers under sub-section (2) of section 78;

(zs)

manner of applying to the appropriate Government for permission to continue the lay-off by the employer under sub-section (3) of section 78;

(zt)

time-limit for review under sub-section (7) of section 78;

(zu)

manner of making application by the employer stating clearly the reasons for the intended retrenchment and the manner of serving copy of such application to workers under sub-section (2) of section 79;

(zv)

time-limit for review under sub-section (6) of section 79;

(zw)

manner of making application by the employer stating clearly the reasons for the intended closing down of an undertaking of an industrial establishment and the manner of serving copy of such application to the representatives of workers under sub-section (1) of section 80;

(zx)

time-limit for review under sub-section (5) of section 80;

(zy)

contribution from such other sources to be made to the worker re-skilling fund under clause (b) of sub-section (2) of section 83;

(zz)

manner of utilisation of fund under sub-section (3) of section 83;

(zza)

manner of composition of offence by a Gazetted Officer specified under sub-section (1) of section 89;

(zzb)

manner of making application for the compounding of an offence specified under sub-section (4) of section 89;

(zzc)

manner of making complaint by an aggrieved employee under section 91;

(zzd)

manner of authorisation of worker for representing in any proceeding under sub-section (1) of section 94;

(zze)

manner of authorisation of employer for representing in any proceeding under sub-section (2) of section 94;

(zzf)

any other matter which is required to be, or may be, prescribed under the provisions of this Code.

(3)

The Central Government shall make rules for the—

(a)

manner of recognition of a Trade Union or federation of Trade Unions by the Central Government as a Central Trade Union at the Central level and the authority and the manner of deciding dispute by it under sub-section (1) of section 27; and

(b)

manner of holding an enquiry under sub-section (1) of section 85.

(4)

All rules made under this section by the State Government shall, as soon as possible after they are made, be laid before the State Legislature.

(5)

Every rule made under this section and notification issued under clause (p) of section 2, by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification, or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

Source: The Industrial Relations Code, 2020, official gazette copy, page 46
100

Delegation of powers

In plain words

The government can, by notification, let its own officers (and, for the Central Government, a State Government or its officers) exercise its powers under the Code and rules, on the matters and conditions it specifies.

The appropriate Government may, by notification, direct that any power exercisable by it under this Code or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,—

(a)

where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government, or by such officer or authority subordinate to the State Government, as may be specified in the notification;

(b)

where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.

Source: The Industrial Relations Code, 2020, official gazette copy, page 50
101

Power to amend Schedules

In plain words

The Central Government can amend the First Schedule (matters for standing orders), the Second Schedule (unfair labour practices) and the Third Schedule (conditions needing a notice of change) by notification, which must be laid before Parliament for 30 days and can be modified or annulled there.

(1)

The Central Government may, by notification, add to or alter or amend the First Schedule or the Second Schedule or the Third Schedule and on any such notification being issued, the First Schedule or the Second Schedule or the Third Schedule, as the case may be, shall be deemed to be amended accordingly.

(2)

Every notification issued by the Central Government under sub-section (1) shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification, or both Houses agree that the modification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done in pursuance of that notification.

Source: The Industrial Relations Code, 2020, official gazette copy, page 50
102

Amendment of Act 7 of 2017

In plain words

This section updates the Finance Act, 2017 so that its entry for the Central Government's Industrial Tribunal refers to a Tribunal set up under section 44 of this Code instead of the Industrial Disputes Act, 1947.

In the Finance Act, 2017, in the Eighth Schedule, against serial number 1,—

(a)

in column (2), for the words "Industrial Tribunal constituted by the Central Government", the words, brackets and figures "Industrial Tribunal constituted by the Central Government under sub-section (1) of section 44 of the Industrial Relations Code, 2020" shall be substituted;

(b)

in column (3), for the words and figures "The Industrial Disputes Act, 1947", the words and figures "The Industrial Relations Code, 2020" shall be substituted.

Source: The Industrial Relations Code, 2020, official gazette copy, page 50
103

Power to remove difficulties

In plain words

If a difficulty arises in applying the Code, the Central Government can issue an order in the Official Gazette, consistent with the Code, to remove it, but only within three years of the Code's commencement, and each order must be laid before Parliament.

(1)

If any difficulty arises in giving effect to the provisions of this Code, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Code as may appear to it to be necessary for removing the difficulty:

Proviso

Provided that no order shall be made under this section after the expiry of three years from the date of commencement of this Code.

(2)

Every order made under this section shall be laid before each House of Parliament.

Source: The Industrial Relations Code, 2020, official gazette copy, page 51
104

Repeal and savings

In plain words

As amended in 2026, this section repeals the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947 from the date notified under section 1(3), keeps the old Tribunals and statutory authorities working until the Code's bodies are functional, treats rules, orders, appointments and actions under the old Acts as made under the Code so far as they do not conflict with it, and applies section 6 of the General Clauses Act, 1897 to the repeal.

(1)

In the notification issued under sub-section (3) of section 1 for the commencement of any provision of this Code, the Central Government may specify that the provisions of—

(a)

the Trade Unions Act, 1926;

(b)

the Industrial Employment (Standing Orders) Act, 1946; and

(c)

the Industrial Disputes Act, 1947,

shall stand repealed with effect from the date appointed in the notification in this behalf and the remaining provisions of the enactments referred to in clauses (a) to (c) shall remain in force till they are repealed by like notifications in the like manner.

(2)

Notwithstanding such repeal under sub-section (1), anything done or any action taken under the provisions of the enactments so repealed including any rule, regulation, notification, nomination, appointment, order or direction made thereunder shall be deemed to have been done or taken under the corresponding provisions of this Code and shall be in force to the extent they are not contrary to the provisions of this Code.

(3)

Without prejudice to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897 shall apply to the repeal of such enactments.

Source: The Industrial Relations Code, 2020, official gazette copy, page 51

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