Section 85: Worker re-skilling fund

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

Statutory Mandate
Chapter XI: Worker Reskilling Fund
Competent Labour Forum
Act No. 35 of 2020

Legal Commentary & Landmark Judgments: Section 85

Section 85 of the Industrial Relations Code, 2020 introduces an administrative adjudication framework empowering designated gazetted officers of the appropriate Government to conduct summary inquiries and impose civil monetary penalties for specified non-grave statutory contraventions, decriminalizing routine labor defaults and de-clogging criminal magistrates' courts.

  • Appointment of Administrative Adjudicating Officers: The appropriate Government may appoint an officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government to hold inquiries and impose penalties for designated contraventions under the Code.
  • Summary Adjudication & Natural Justice Mandates: The adjudicating officer must issue a formal show-cause notice specifying the alleged contravention, afford a reasonable opportunity of making written representations, grant an oral hearing, and record reasoned findings before imposing monetary penalties.
  • Statutory Proportionality Metrics for Penalty Determination: In determining the quantum of penalty, the officer must statutorily consider: (a) the amount of disproportionate gain or unfair advantage; (b) the nature and volume of loss caused to workers; (c) the repetitive nature of the default; and (d) the overall economic viability of the industrial establishment.
Key Landmark Precedents:
  • SEBI v. Saumil Bhavnagari (2014) 16 SCC 28: The Supreme Court upheld administrative monetary penalty mechanisms, ruling that civil penalties imposed by executive adjudicating officers for statutory non-compliance do not violate Article 21 or separation of powers.
  • Chairman, SEBI v. Shriram Mutual Fund (2006) 5 SCC 361: The Supreme Court established that in administrative civil penalties for breach of statutory regulations, mens rea is not an essential ingredient; proof of contravention of the civil obligation automatically attracts the statutory penalty.
  • Director of Enforcement v. MCTM Corpn. (P) Ltd. (1996) 2 SCC 471: Clarified that civil penalties are remedial and coercive, intended to secure adherence to statutory norms, distinguished from criminal prosecutions which require proof of criminal intent beyond reasonable doubt.
Courtroom Practice & Strategic Litigation Guidance:

Upon receipt of a show-cause notice under Section 85, submit a detailed reply within the stipulated time, demonstrating: (1) prompt remedial action; (2) absence of any financial injury or prejudice to workers; (3) technical or procedural inadvertence rather than deliberate defiance; and (4) clean prior compliance history. Invoke Section 85(4) factors to argue for mitigation to the minimum penalty, or submit an application for compounding under Section 89 prior to final order.