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Section 98: Protection of persons acting under this Code

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 97 All 104 Sections of Industrial Relations Code, 2020 Section 99

Legal Commentary & Landmark Judgments: Section 98

Section 98 of the Industrial Relations Code, 2020 grants comprehensive statutory immunity shielding the appropriate Government, Presiding Officers and Members of Industrial Tribunals, conciliation officers, and authorized facilitators from civil suits, prosecutions, or legal proceedings for acts done or intended to be done in good faith under the Code.

  • Statutory Immunity Architecture: No suit, prosecution, or other legal proceeding shall lie against the appropriate Government, the Presiding Officer or Member of an Industrial Tribunal, a Conciliation Officer, or any officer authorized by the Government for anything which is in good faith done or intended to be done in pursuance of this Code or any rule or order made thereunder.
  • Objective Standard of Good Faith: 'Good faith' under Section 3(22) of the General Clauses Act, 1897 encompasses acts done honestly, whether done negligently or not; immunity protects administrative and quasi-judicial officers discharging onerous regulatory mandates from personal harassment and retaliatory lawsuits.
  • Jurisdictional Limits of Statutory Protection: Immunity does not protect corrupt, malicious, or ultra vires actions executed with deliberate knowledge of illegality; writ jurisdiction under Articles 226 and 32 remains fully available to correct arbitrary or illegal statutory orders.
Key Landmark Precedents:
  • Iswar Chander Jain v. High Court of Punjab & Haryana (1988) 3 SCC 370: The Supreme Court held that statutory immunity clauses protect judicial and quasi-judicial officers from vexatious litigation and personal liability, preserving institutional independence and fearlessness in adjudication.
  • B.S. Sambhu v. T.S. Krishnaswamy (1983) 1 SCC 51: Held that protection of action in good faith is available only when the officer acts within the scope of their statutory jurisdiction; reckless, malicious, or intentionally defamatory acts outside jurisdiction lose statutory immunity.
  • State of Maharashtra v. Budhikota Subbarao (1993) 3 SCC 339: Reaffirmed that public servants performing duties under regulatory statutes cannot be harassed through criminal complaints without proving deliberate malice and bad faith beyond reasonable doubt.
Courtroom Practice & Strategic Litigation Guidance:

When challenging a conciliation failure report, government reference order, or tribunal ruling, do NOT array the Presiding Officer or Conciliation Officer as personal respondents or file private criminal complaints against them; such petitions will be dismissed with exemplary costs under Section 98. Direct the legal challenge exclusively against the institutional authority via writ petition under Article 226 of the Constitution.

Section 97 All 104 Sections of Industrial Relations Code, 2020 Section 99