Overriding Effect, Inquiries and the Bar on Civil Courts

In one line

The Code prevails over anything inconsistent but never cuts down a better right, the Government may hold an inquiry with the powers of a civil court after an accident or an epidemic of occupational disease, official secrets may not be revealed, no civil court may touch a matter the Code covers, and good faith protects those who act under it.

In exam wording: section 120 of the Occupational Safety, Health and Working Conditions Code 2020 gives the Code effect notwithstanding anything inconsistent in any other law, award, agreement or contract of service, with a proviso preserving more favourable benefits and a sub-section permitting agreements for more favourable rights; section 121 empowers the appropriate Government to appoint assessors or competent persons to inquire into an accident which caused or could have caused serious danger, or into an occupational disease in the Third Schedule contracted in epidemic proportions, and to direct a survey, the inquiry having the powers of a civil court; section 122 permits publication of reports; section 123 empowers the Central Government to give directions to a State Government; section 124 restricts disclosure of manufacturing, commercial and process information with exceptions; section 125 bars the jurisdiction of civil courts and injunctions; and section 126 protects action taken in good faith.

Why the law has these at all

Seven sections, and four distinct jobs.

Fixing the Code's place among other laws and contracts. Section 120, and its proviso is the sentence a student should be able to write out. A labour statute that simply overrode contracts would be used against workers, because the commonest situation is a contract or a settlement giving more than the statute requires. So the Code overrides what is inconsistent and saves what is better.

Finding out what happened. Section 121, with the powers of a civil court, and section 122, which allows the report to be published.

Keeping the Union able to act. Section 123, a power of direction to the States.

Protecting information and the people who administer the Code. Sections 124, 125 and 126: no disclosure of a manufacturing or commercial secret, no civil suit about a matter the Code covers, and no proceeding against a person who acted in good faith.

Some words this chapter uses

Notwithstanding anything inconsistent therewith is the non obstante formula in section 120(1).

Award is the decision of a labour court, industrial tribunal or arbitrator.

Assessor is a person appointed to assist an inquiry with special knowledge; competent person is the Code's alternative term in section 121(1).

Epidemic proportions in section 121(1) is not defined.

Third Schedule lists the notifiable occupational diseases, reportable under section 12.

Good faith is not defined in the Code; the General Clauses Act 1897 supplies the usual meaning of an act done honestly, whether or not negligently.