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Section 101: Power of Central Government to give directions

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 100 All 104 Sections of Industrial Relations Code, 2020 Section 102

Legal Commentary & Landmark Judgments: Section 101

Section 101 of the Industrial Relations Code, 2020 vests the Central Government with Henry VIII-type regulatory power to amend, add to, or omit entries from the First, Second, or Third Schedules of the Code by notification, subject to mandatory parliamentary laying requirements.

  • Schedules Subject to Executive Amendment: Empowers the Central Government, by notification, to add to, amend, or omit from: the First Schedule (matters to be provided in Standing Orders), the Second Schedule (Unfair Labour Practices), and the Third Schedule (Conditions of Service for change of which notice is to be given).
  • Mandatory Parliamentary Laying Requirement: Every notification proposed to be issued under sub-section (1) shall be laid before each House of Parliament while it is in session for a period of thirty days, subjecting executive schedule updates to legislative scrutiny.
  • Statutory Dynamism for Evolving Workplaces: Enables rapid modernization of standing order categories and unfair labor practices to address emerging workplace realities (e.g., remote work, platform work, automated surveillance) without the necessity of passing formal amending Acts of Parliament.
Key Landmark Precedents:
  • Jalan Trading Co. (P) Ltd. v. Mill Mazdoor Sabha AIR 1967 SC 691: The Constitution Bench held that while executive power to amend statutory schedules is permissible to fill in operational details, it cannot alter the fundamental legislative policy or core statutory architecture enacted by Parliament.
  • Atlas Cycle Industries Ltd. v. State of Haryana (1979) 2 SCC 196: The Supreme Court examined legislative laying procedures, holding that statutory negative or affirmative laying provisions provide vital constitutional checks against excessive executive discretion.
  • Quarry Owners' Association v. State of Bihar (2000) 8 SCC 655: Upheld statutory provisions empowering executive governments to update schedules of industrial categories and operational standards to reflect changing economic conditions.
Courtroom Practice & Strategic Litigation Guidance:

In assessing whether an emerging workplace policy (e.g., AI-driven productivity monitoring or work-from-home guidelines) requires standing order certification or constitutes an unfair labor practice, monitor Central Government gazette notifications issued under Section 101. Once a notification completes the 30-day parliamentary laying window, its provisions have full statutory force across all establishments.

Section 100 All 104 Sections of Industrial Relations Code, 2020 Section 102