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Section 104: Repeal and savings

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 103 All 104 Sections of Industrial Relations Code, 2020

Legal Commentary & Landmark Judgments: Section 104

Section 104 of the Industrial Relations Code, 2020 formally repeals the three foundational legacy labor enactments—The Trade Unions Act, 1926, The Industrial Employment (Standing Orders) Act, 1946, and The Industrial Disputes Act, 1947—while establishing an extensive statutory savings regime under Section 6 of the General Clauses Act, 1897 to protect accrued rights, ongoing proceedings, and certified instruments.

  • Express Repeal of Three Landmark Labor Statutes: Formally repeals: (a) The Trade Unions Act, 1926 (16 of 1926); (b) The Industrial Employment (Standing Orders) Act, 1946 (20 of 1946); and (c) The Industrial Disputes Act, 1947 (14 of 1947), with effect from appointed commencement dates.
  • Deemed Continuity of Instruments and Actions Taken: Anything done or any action taken under the repealed enactments (including rules, notifications, nominations, appointments, certified standing orders, registrations of trade unions, awards, and settlements) is deemed done or taken under the corresponding provisions of this Code and continues in force unless contrary thereto.
  • Preservation of Accrued Rights (Section 6 General Clauses Act): Expressly applies Section 6 of the General Clauses Act, 1897 to the repeal, ensuring that accrued rights, acquired privileges, incurred liabilities, pending investigations, and ongoing legal proceedings instituted under the repealed statutes continue unimpaired.
Key Landmark Precedents:
  • State of Punjab v. Mohar Singh AIR 1955 SC 84: The Constitution Bench established that upon repeal of a statute followed by fresh legislation, courts must examine whether the new Act manifests an intention to destroy accrued rights; unless a contrary intention appears, Section 6 General Clauses Act protects all vested rights and pending actions.
  • M/s Kolhapur Canesugar Works Ltd. v. Union of India (2000) 2 SCC 536: The Constitution Bench reaffirmed the universal application of Section 6 General Clauses Act to preserve pending proceedings and accrued liabilities unless explicitly extinguished by the repealing statute.
  • Neena Aneja v. Jai Prakash Associates Ltd. (2022) 2 SCC 161: The Supreme Court held that in statutory transitions, forum alterations and procedural revisions do not invalidate pending proceedings instituted under the repealed statute unless retrospective transfer is explicitly commanded.
Courtroom Practice & Strategic Litigation Guidance:

In transitional disputes, determine whether the cause of action accrued before the commencement of the Industrial Relations Code, 2020. Trade unions registered under the 1926 Act and standing orders certified under the 1946 Act remain legally valid by virtue of Section 104(2) deeming fiction until amended. For disputes pending before Labour Courts or Industrial Tribunals prior to the repeal date, invoke Section 104(3) read with Section 6 General Clauses Act to maintain tribunal jurisdiction without abating proceedings.

Section 103 All 104 Sections of Industrial Relations Code, 2020