Section 106: Publication of reports

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XI: Offences and Penalties
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 106

Section 106 of the Code provides for the publication of reports of inquiries conducted under Section 105, ensuring public transparency and institutional learning across the industrial ecosystem.

  • Statutory Publication Mandate: Empowers the appropriate Government to publish the full inquiry report, along with expert analyses and administrative recommendations, in the Official Gazette or digital public domains.
  • Parliamentary & Legislative Scrutiny: Facilitates legislative oversight by ensuring inquiry findings into major industrial disasters are placed before Parliament or State Legislatures.
  • Immunity from Defamation Actions: Protects bona fide factual reporting of inquiry findings from commercial libel or civil defamation suits brought by affected corporate entities.
Key Landmark Precedents:
  • Research Foundation for Science, Technology and Natural Resource Policy v. Union of India (2005) 10 SCC 510: Supreme Court held that public dissemination of industrial hazard reports is an essential facet of environmental transparency under Article 21.
  • Express Newspapers Pvt. Ltd. v. Union of India AIR 1958 SC 578: Affirmed the sovereign public interest in disseminating factual findings of statutory inquiry commissions.
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court held that community safety requires complete transparency regarding the operational vulnerabilities of hazardous industrial plants.
Courtroom Practice & Strategic Litigation Guidance:

Corporate communications and legal teams must coordinate closely prior to the release of a Section 106 report, preparing a structured public response detailing voluntary remedial actions already completed to mitigate reputational and stock market impact.