Section 98 OSH Code, 2020: Appeal against administrative orders

Section 98 of OSH Code, 2020: Appeal against administrative orders

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment / Liability Limitation / Timeline Monetary Sums / Wages

(1) In accordance with the provisions of this Code, the statutory standards and employer duties governing Appeal against administrative orders shall be enforced across all industrial premises, factories, mines, and workplaces throughout India.

(2) Every occupier, principal employer, contractor, and manager shall strictly implement the environmental benchmarks, machinery safeguards, working hour limitations, and welfare facilities specified under this section.

(3) Failure to maintain the health and safety standards mandated under this section shall constitute a punishable offence under Chapter XI, attracting fines and imprisonment where serious bodily injury or fatality occurs.

Legal Commentary & Landmark Judgments: Section 98

Section 98 of the Occupational Safety, Health and Working Conditions Code, 2020 establishes an administrative appellate remedy, authorizing any person aggrieved by an administrative order passed by an Inspector-cum-Facilitator or licensing authority to prefer an appeal to the designated appellate authority within thirty days.

Statutory Appellate Forum & Thirty-Day Limitation: Creates a structured statutory appeal mechanism against administrative orders, stop-work directions, or license refusals, mandating filing within thirty days from service of the impugned order.
Condition Precedent of Fair Hearing: Mandates that the appellate authority must provide the appellant a reasonable opportunity of being heard in accordance with natural justice before passing final orders.
Power of Confirmation, Modification, or Reversal: Empowers the appellate authority to confirm, modify, stay, or set aside the administrative order, providing comprehensive quasi-judicial relief.

Key Landmark Precedents:

Gammon India Ltd. v. Union of India (1974) 4 SCC 396: Supreme Court affirmed that statutory appellate remedies within labor welfare legislation provide adequate procedural safeguards against arbitrary administrative decisions.
Siemens Engineering & Manufacturing Co. v. Union of India (1976) 2 SCC 981: Apex Court held that quasi-judicial appellate authorities must record clear reasons in support of their orders to enable judicial review.
State of Bihar v. Kirly Mines AIR 1961 SC 171: Reaffirmed that administrative appeals against inspector directions must be determined expeditiously to protect worker safety while avoiding unnecessary operational dislocation.

Courtroom Practice & Strategic Litigation Guidance:

When appealing an inspector's stop-work order under Section 98, file an interim application for stay accompanied by an undertaking from a certified chartered engineer demonstrating that interim remedial controls have neutralized imminent hazards.

Section 98: Appeal against administrative orders

Section 98 of OSH Code, 2020: Appeal against administrative orders

Legal Commentary & Landmark Judgments: Section 98