Section 141: Overriding effect of OSH Code

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

Legal Commentary & Landmark Judgments: Section 141

Section 141 of the Code establishes the overriding effect of the Occupational Safety, Health and Working Conditions Code, 2020, declaring that the provisions of the Code shall have effect notwithstanding anything inconsistent therewith contained in any other law, contract, or instrument.

  • Express Non-Obstante Statutory Primacy: Enacts a definitive non-obstante clause ensuring that the health, safety, and welfare standards of the Code prevail over conflicting state enactments, private agreements, or legacy company policies.
  • Nullification of Contracting-Out Clauses: Renders null and void any employment contract, collective bargaining settlement, or vendor agreement purporting to dilute statutory safety standards or waive employer liability.
  • Harmonization with Favorable Working Conditions: Preserves more favorable benefits, higher leave entitlements, or superior safety covenants secured by workers under existing collective agreements or awards.
Key Landmark Precedents:
  • Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Supreme Court held that non-obstante clauses in labor welfare enactments are designed to ensure that protective minimum standards cannot be defeated through private contracts.
  • Steel Authority of India Ltd. v. National Union Waterfront Workers (2001) 7 SCC 1: Constitution Bench affirmed that statutory labor provisions override inconsistent private agreements and commercial subcontracts.
  • Bhilwara Dugdh Utpadak Sahakari Samiti Ltd. v. Vinod Kumar Sharma (2011) 15 SCC 209: Affirmed that private contractual arrangements designed to evade statutory labor protections are void ab initio.
Courtroom Practice & Strategic Litigation Guidance:

Review all vendor master service agreements, contractor standard terms, and employment contracts: excise any clause that seeks to limit statutory contractor welfare liabilities or shift occupier safety liabilities, as Section 141 invalidates such clauses.