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Section 127: Bar of jurisdiction of civil courts

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

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 37 of 2020
Section 126 All 143 Sections of OSH Code, 2020 Section 128

Legal Commentary & Landmark Judgments: Section 127

Section 127 of the Code enacts a strict bar of jurisdiction of civil courts, providing that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an appellate authority or adjudicating officer is empowered to determine under the Code.

  • Exclusive Statutory Dispute Resolution Machinery: Bars ordinary civil courts from granting injunctions against stop-work orders, licensing refusals, or penalty proceedings governed by specialized tribunals under the Code.
  • Prevention of Collateral Injunction Tactics: Prevents employers from obtaining ex-parte civil court injunctions to stall statutory inspections, penalty enforcement, or accident inquiries.
  • Strict Statutory Finality of Specialized Determinations: Confines judicial review of administrative safety determinations exclusively to the High Courts and Supreme Court under their constitutional writ jurisdiction.
Key Landmark Precedents:
  • Dhulabhai v. State of M.P. AIR 1969 SC 78: Constitution Bench laid down the classical tests governing exclusion of civil court jurisdiction, affirming that where a statute creates a specialized liability and complete appellate machinery, civil jurisdiction is excluded.
  • Premier Automobiles Ltd. v. Kamlekar Shantaram Wadke (1976) 1 SCC 496: Supreme Court held that rights and liabilities created under specialized labor codes are enforceable exclusively through the statutory forums provided therein.
  • Gujarat Electricity Board v. Hind Mazdoor Sabha (1995) 5 SCC 27: Reaffirmed that civil courts cannot interfere with statutory proceedings under contract labor and safety enactments.
Courtroom Practice & Strategic Litigation Guidance:

If served with an adverse regulatory order under the Code, do not waste time filing civil suits for declaration or injunction before a District Munsif or Civil Judge. Immediately file an administrative appeal under Section 98 or a writ petition under Article 226 before the High Court.

Section 126 All 143 Sections of OSH Code, 2020 Section 128