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Section 99: Power to make rules

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 98 All 104 Sections of Industrial Relations Code, 2020 Section 100

Legal Commentary & Landmark Judgments: Section 99

Section 99 of the Industrial Relations Code, 2020 confers extensive subordinate legislative authority upon the appropriate Government to frame statutory rules for carrying out the provisions of the Code, detailing operational procedures, statutory forms, conciliation protocols, tribunal rules, and the administration of the Worker Re-skilling Fund.

  • Delegated Subordinate Legislative Authority: The appropriate Government is empowered to make rules for carrying out the provisions of the Code, subject to the condition of previous publication in the Official Gazette to allow public and stakeholder feedback.
  • Exhaustive Illustrative Rule-Making Powers: Rules cover: (a) constitution and procedure of Works Committees and Grievance Redressal Committees; (b) procedure and powers of Conciliation Officers and Industrial Tribunals; (c) forms of notices for strike, lock-out, lay-off, retrenchment, and closure; (d) maintenance of muster rolls and registers; (e) electronic application procedures and registers; and (f) management, contribution, and DBT distribution under the Worker Re-skilling Fund.
  • Mandatory Parliamentary and State Legislative Scrutiny: Every rule made by the Central Government must be laid before each House of Parliament while in session for a total period of thirty days; every rule made by a State Government must be laid before the State Legislature, ensuring democratic oversight over delegated executive rule-making.
Key Landmark Precedents:
  • Gammon India Ltd. v. Union of India (1974) 1 SCC 596: The Supreme Court affirmed that rule-making powers in labor statutes must conform strictly to the legislative policy of the parent Act; subordinate rules cannot exceed statutory boundaries or abridge substantive statutory entitlements.
  • State of Tamil Nadu v. P. Krishnamurthy (2006) 4 SCC 517: Laid down the definitive grounds for challenging delegated subordinate legislation: lack of legislative competence, inconsistency with parent statute, violation of fundamental rights, or manifest unreasonableness and arbitrariness.
  • Indian Express Newspapers (Bombay) Pvt. Ltd. v. Union of India (1985) 1 SCC 641: Held that subordinate rules can be struck down if they are manifestly unreasonable, arbitrary, or ultra vires the statutory purpose of the parent enactment.
Courtroom Practice & Strategic Litigation Guidance:

Compliance teams must cross-reference central statutory rules with State-specific rules notified under Section 99. Verify state electronic portals for mandatory filing forms for strikes, lockouts, retrenchments, and closures. If an executive rule attempts to restrict or condition a substantive statutory right granted under the Code (e.g., imposing unmandated restrictions on retrenchment compensation), challenge the rule via writ petition as ultra vires the parent statute.

Section 98 All 104 Sections of Industrial Relations Code, 2020 Section 100