MP HC2026:MPHC-JBP:18496
POORAN SINGH THAKURv.THE STATE OF MADHYA PRADESH AND OTHERS
HIGH COURT OF MADHYA PRADESH·9 Mar 2026·HON'BLE SHRI JUSTICE VIVEK JAIN
Case No.
Decided On
Judges
Bench
Advocates
Citation
Statutes
Result
execution of awardindustrial disputesrepealsavings clauseindustrial relations codeback wageslabour courtgeneral clauses act
The petitioner challenges the Labour Court's refusal to execute an award dated 27.06.2002 for reinstatement with 25% back wages, citing the repeal of the Industrial Disputes Act, 1947 by the Industrial Relations Code, 2020. The petitioner argues that Section 104 of the 2020 Code, along with Section 6 of the General Clauses Act, 1897, provides for the continuation of rights and remedies under the repealed Act.
The repeal of an enactment does not affect previous operations, rights, liabilities, or ongoing legal proceedings under the repealed law, provided a contrary intention is not expressed. Specifically, the Industrial Relations Code, 2020, through its savings clause (Section 104), preserves the power of Labour Courts to execute awards passed under the Industrial Disputes Act, 1947, prior to the Code's notification.
1.ORDER
By way of present petition, challenge is made to the order Annexure P-
6, whereby the Labour Court has refused to execute the award dated
27.06.2002, which was an award of reinstatement with 25% back wages as
the back wages part still remains to be paid to the petitioner. The Labour
Court has closed the proceedings on the ground that since the Industrial
Disputes Act has been repealed and has been succeeded by the Industrial
Relations Code, 2020 as notified in the year 2025, therefore, no orders for
execution of the execution and enforcement of the award passed under
Industrial Disputes Act, 1947 can be passed.
2. The aforesaid order passed by the Labour Court is utterly contrary to
law because as per Section 104 of Industrial Relations Code, 2020, repeal
and savings has been provided which is as under Section 104:-
"104. Repeal and savings.—(1) In the notification issued under
sub-section (3) of section 1 for the commencement of any
provision of this Code, the Central Government may specify that
the provisions of—
(a) the Trade Unions Act, 1926 (16 of 1926);
(b) the Industrial Employment (Standing Orders) Act, 1946
(20 of 1946); and
(c) the Industrial Disputes Act, 1947 (14 of 1947),
shall stand repealed with effect from the date appointed in the
notification in this behalf and the remaining provisions of the
enactments referred to in clauses (a) to (c) shall remain in force
till they are repealed by like notifications in the like manner.
(2) Notwithstanding such repeal under sub-section (1), anything
done or any action taken under the provisions of the enactments so
repealed
including
any
rule,
regulation,
notification,
nomination, appointment, order or direction made thereunder shall
be deemed to have been done or taken under the corresponding
provisions of this Code and shall be in force to the extent they are
not contrary to the provisions of this Code.
(3) Without prejudice to the provisions of sub-section (2), the
provisions of section 6 of the General Clauses Act, 1897 shall
apply to the repeal of such enactments."
3. As per Section 104(2) anything done or any action taken under the
repeal enactments shall be deemed to have been done or taken under the
corresponding provisions of this Court and shall be in force. The Labour
Court would continue to have the power and authority to execute and enforce
the award passed under the Act of 1947 prior to the date of Notification of
Industrial Relations Code, 2020.
4. As per Section 104 (3), the provisions of Section 6 of General
Clauses Act 1897 have been applied to such repeal. Section 6 is as under :-
6. Effect of repeal.—Where this Act, or any [Central Act] or
Regulation made after the commencement of this Act, repeals
any enactment hitherto made or hereafter to be made, then,
unless a different intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at
which the repeal takes effect; or
(b) affect the previous operation of any enactment so
repealed or anything duly done or suffered thereunder;
or
(c) affect any right, privilege, obligation or liability
acquired, accrued or incurred under any enactment so
repealed; or
(d) affect any penalty, forfeiture or punishment incurred
in respect of any offence committed against any
enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy
in respect of any such right, privilege, obligation,
liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy
may be instituted, continued or enforced, and any such
penalty, forfeiture or punishment may be imposed as if the
repealing Act or Regulation had not been passed.
5. Therefore, in view of Section 104 of Code 2020 readwith Section 6 of Act
of 1897, the impugned order passed by the Labour Court is set aside and the
Labour Court is directed to deal with the application for enforcement of the
award, and if the amount to be paid under the award is not paid as yet, then
to issue RRC to the concerned Revenue authority for recovery of amount.
6. Petition is disposed of.
(VIVEK JAIN)
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