Repeal and savings
Section 104 of the Industrial Relations Code, 2020 deals with repeal and savings. 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); The Act was enacted on 28 Sep 2020.
(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shall stand repealed with effect from the date appointed in the notification in this behalf and the remaining provisions of the enactments referred to in clauses (a) to (c) shall remain in force till they are repealed by like notifications in the like manner.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such repeal under sub-section (1), anything done or any action taken under the provisions of the enactments so repealed including any rule, regulation, notification, nomination, appointment, order or direction made thereunder shall be deemed to have been done or taken under the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.
Section 104, The Industrial Relations Code, 2020 (Act 35 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Merin Mathew v. Union of India & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2024-02-21 (order-2.pdf): POSH appellate-authority dispute. Court holds that under the Industrial Relations Code, 2020, the Industrial Employment (Standing Orders) Act remains in force until repealed by subsequent notification; anything done under the Act is deemed taken under the Code unless contrary to the Code. Uses this savings reading to confirm State appellate authority remains competent for the private JV employer.
On this section: s.104 Repeal and savings: Standing Orders Act continues until Code repeal is notified; transitional savings preserve pre-Code appellate machinery.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 104
What have the courts held on Section 104 of the Industrial Relations Code?
Merin Mathew v. Union of India & Ors. (21 Feb 2024) is the leading judgment on this section among those set out below: s.104 Repeal and savings: Standing Orders Act continues until Code repeal is notified; transitional savings preserve pre-Code appellate machinery.
How do I find court cases under Section 104 of the Industrial Relations Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Industrial Relations Code 104, section 104 Industrial Relations Code, section 104 of the Industrial Relations Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Merin Mathew v. Union of India & Ors. (21 Feb 2024).
What should I read with Section 104 of the Industrial Relations Code, and has it changed?
Its own text turns on General Clauses Act 6 (Effect of repeal), section 1 (Short title, extent and commencement), so none of them can safely be read on its own.
When was Section 104 of the Industrial Relations Code enacted?
Section 104 of the Industrial Relations Code, cited as Industrial Relations Code 104, was enacted on 28 Sep 2020 as Act 35 of 2020. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions3327 words
- 99. Power of appropriate Government to make rules1827 words
- 86. Penalties1320 words
- 30. Preparation of draft standing orders by employer and procedure for certification942 words
- 78. Prohibition of lay-off858 words
- 79. Conditions precedent to retrenchment of workers to which Chapter X applies706 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.