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Section 93: Composition of offences

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 92 All 104 Sections of Industrial Relations Code, 2020 Section 94

Legal Commentary & Landmark Judgments: Section 93

Section 93 of the Industrial Relations Code, 2020 enacts statutory immunity and civil protection for any person who refuses to take part in, or to continue to take part in, an illegal strike or illegal lock-out, shielding non-participating individuals from expulsion from trade unions, disciplinary fines, loss of seniority, or civil disabilities.

  • Statutory Immunity for Refusing Illegal Strike or Lock-out: Protects any person who refuses to participate in or continue with any strike or lock-out which is illegal under the Code from expulsion from any trade union or society, or from any fine, penalty, disability, or disadvantage whatsoever.
  • Prohibition of Deprivation of Rights or Benefits: No person refusing to participate in an illegal strike or lock-out shall be subjected to any loss of seniority, deprivation of union benefits, forfeiture of welfare subscriptions, or social boycott by any union or trade society.
  • Tribunal Enforcement Jurisdiction & Compensation: If any person is expelled or penalized in contravention of this section, the Industrial Tribunal may, upon application by the aggrieved individual, order their immediate restoration to membership and award compensation out of the funds of the trade union or society.
Key Landmark Precedents:
  • T.K. Rangarajan v. Government of Tamil Nadu (2003) 6 SCC 581: The Supreme Court held that there is no fundamental or statutory right to go on an illegal strike; workers who refuse to join unlawful agitations are entitled to statutory and constitutional protection against coercion and intimidation.
  • Syndicate Bank v. K. Umesh Nayak (1994) 5 SCC 572: The Constitution Bench observed that preserving public order and industrial stability requires rigorous statutory protections for non-striking employees who choose to continue productive work during unlawful strikes.
  • Rohtas Industries Ltd. v. Rohtas Industries Staff Union (1976) 2 SCC 82: Highlighted that an illegal strike exposes unions to civil and statutory consequences, and unions cannot penalize or discriminate against members who refuse to participate in unlawful activities.
Courtroom Practice & Strategic Litigation Guidance:

When a trade union commences an illegal strike without complying with Section 62 (failure to serve 60 days' notice or striking during conciliation), management should immediately issue an advisory to all workers citing Section 93 immunity. Provide adequate police protection and security for willing workers. If the union initiates expulsion or disciplinary action against non-striking workers, assist affected workers in filing an application under Section 93 before the Industrial Tribunal for an order of immediate restoration and restraining injunctions.

Section 92 All 104 Sections of Industrial Relations Code, 2020 Section 94