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Section 100: Power to remove difficulties

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 35 of 2020
Section 99 All 104 Sections of Industrial Relations Code, 2020 Section 101

Legal Commentary & Landmark Judgments: Section 100

Section 100 of the Industrial Relations Code, 2020 governs the statutory delegation of executive and regulatory powers by the appropriate Government to subordinate officers or authorities, facilitating administrative decentralization while preserving statutory accountability.

  • Statutory Delegation Architecture: The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Code or rules made thereunder shall, in specified circumstances and subject to conditions, be exercisable also by designated subordinate officers or authorities.
  • Vertical and Horizontal Delegation Powers: The Central Government may delegate its powers to State Governments, or to officers or authorities subordinate to the Central Government; State Governments may delegate their powers to subordinate state officers or authorities, ensuring operational flexibility.
  • Exclusion of Core Subordinate Legislative Powers: Statutory delegation under Section 100 typically excludes the sovereign power to frame rules under Section 99 or the power to amend Schedules under Section 101, preserving core legislative functions with the Government.
Key Landmark Precedents:
  • Hazrat Syed Shah v. Commissioner of Wakfs AIR 1961 SC 1095: The Supreme Court held that statutory delegation of administrative and regulatory powers is valid provided it does not constitute an unauthorized abdication of essential legislative functions.
  • State of Uttar Pradesh v. Batuk Deo Pati Tripathi (1978) 2 SCC 102: Affirmed that delegation of power to subordinate officers or designated committees is an essential incident of modern public administration to ensure operational speed and efficiency.
  • Roop Chand v. State of Punjab AIR 1963 SC 1503: Established that an order passed by a delegate in exercise of validly delegated statutory power is legally deemed to be an order of the delegating Government itself.
Courtroom Practice & Strategic Litigation Guidance:

In any administrative proceeding before a Deputy Labour Commissioner or Joint Labour Commissioner (such as sanction of closure, reference of disputes, or compounding), verify the Official Gazette notification issued under Section 100. If the officer acting on behalf of the Government is not specifically empowered by a valid gazetted delegation notification, challenge the order for lack of jurisdiction.

Section 99 All 104 Sections of Industrial Relations Code, 2020 Section 101