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Section 92: Offences by companies

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

Statutory Mandate
Chapter XIII: Offences and Penalties
Competent Labour Forum
Act No. 35 of 2020
Section 91 All 104 Sections of Industrial Relations Code, 2020 Section 93

Legal Commentary & Landmark Judgments: Section 92

Section 92 of the Industrial Relations Code, 2020 empowers the appropriate Government to withdraw and transfer pending conciliation, arbitration, or Tribunal proceedings from one authority or Tribunal to another for reasons of administrative efficiency, institutional workload, or fair adjudication, preserving the continuity of proceedings.

  • Executive Power of Transfer: The appropriate Government may, by order in writing and for reasons stated therein, withdraw any proceeding pending before a conciliation officer, arbitrator, or Industrial Tribunal and transfer it to any other conciliation officer, arbitrator, or Tribunal.
  • Continuation of Transferred Proceedings: The authority or Tribunal to which the proceeding is transferred may proceed either de novo (from the beginning) or from the stage at which it was transferred, preserving judicial time and preventing unnecessary re-examination of witnesses unless required in the interest of justice.
  • Mandatory Recording of Reasons: The requirement of recording reasons in writing is a mandatory statutory condition precedent; an unreasoned transfer order or an order passed without administrative justification is arbitrary and vulnerable to writ challenge under Article 226.
Key Landmark Precedents:
  • Associated Cement Companies Ltd. v. P.N. Sharma AIR 1965 SC 1595: The Supreme Court held that while the power of transfer under labor statutes is administrative, the statutory requirement to record reasons in writing is mandatory; an unreasoned transfer order is arbitrary and liable to be quashed under Article 226.
  • Management of Express Newspapers (P) Ltd. v. Workers AIR 1963 SC 569: Confirmed that the appropriate government possesses statutory power to transfer proceedings between tribunals to ensure the expeditious disposal of protracted industrial disputes and balance tribunal workloads.
  • Bengal Chemical & Pharmaceutical Works Ltd. v. Their Workmen AIR 1959 SC 633: Held that the transfer of an industrial dispute does not prejudice the legal rights of parties provided the successor tribunal adheres strictly to principles of natural justice.
Courtroom Practice & Strategic Litigation Guidance:

If a proceeding before an Industrial Tribunal is stalled due to a prolonged vacancy or there is a demonstrable apprehension of bias, submit a representation to the Secretary, Department of Labour, citing Section 92. Plead objective facts (e.g., continuous non-sitting for over six months, manifest conflict of interest) and request an administrative transfer. If an arbitrary transfer is ordered at the behest of a political rival without reasons, challenge the order via writ petition under Article 226.

Section 91 All 104 Sections of Industrial Relations Code, 2020 Section 93