Section 31 Industrial Disputes Act 1947 - Penalty for Other Offences

Section 31 of the Industrial Disputes Act, 1947 contained a specific penalty for an employer's contravention of Section 33 and a residual penalty for contraventions for which no other punishment was provided. The current framework is contained in the Industrial Relations Code, 2020.

Current law: The Industrial Relations Code, 2020 has been in force from 21 November 2025. Section 90 now regulates alteration of service conditions and specified employer action during the pendency of industrial-dispute proceedings. Penalties are consolidated in Section 86, including the residual penalty in Section 86(20).

Section 31 of the Industrial Disputes Act 1947

Section 31(1)

Any employer who contravenes the provisions of Section 33 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 31(2)

Whoever contravenes any provision of the Act or any rule made under it shall, where no other penalty is provided by or under the Act for that contravention, be punishable with fine which may extend to one hundred rupees.

Legacy provision: Section 31 must be read with former Section 33 when considering historical conduct under the Industrial Disputes Act. The date of the alleged contravention and the applicable repeal and saving provisions may affect which statutory regime governs a proceeding.

Section 90 Industrial Relations Code - Conditions of Service During Pending Proceedings

Section 90 protects workers while an industrial dispute concerning an establishment or undertaking is pending before a conciliation officer, arbitrator, Tribunal or National Industrial Tribunal. In relation to matters connected with the pending dispute, an employer cannot alter the conditions of service applicable immediately before commencement of the proceeding to the prejudice of the workers concerned, or discharge or punish those workers for misconduct connected with the dispute, except in accordance with the conditions stated in Section 90.

For matters not connected with the pending dispute, the Code permits specified changes and disciplinary action subject to the statutory safeguards. Additional protection applies to protected workers as provided by Section 90.

Section 91 - Complaint for Contravention of Section 90

Section 91 provides a direct adjudicatory remedy where an employer contravenes Section 90 during pending proceedings. An aggrieved employee may make a written complaint in the prescribed manner. A conciliation officer takes the complaint into account while mediating and promoting settlement, while an arbitrator, Tribunal or National Industrial Tribunal may adjudicate the complaint as if it were a dispute referred to or pending before it.

Section 86(20) - Residual Penalty

The Industrial Relations Code contains detailed penalties for specified contraventions in Section 86. Where a person contravenes another provision of the Code, or rules or regulations made under it, and that contravention is not otherwise covered by the preceding penalty clauses, Section 86(20) provides the residual penalty.

Section 86(20)

The residual penalty may extend to Rs. 1,00,000 for a contravention not otherwise specifically covered by the preceding provisions of Section 86.

Meaning and Scope of the Key Provisions

Provision	Purpose
Former Section 33	Restricted prejudicial changes in service conditions and specified disciplinary action during pendency of industrial-dispute proceedings.
Former Section 31(1)	Prescribed punishment for an employer who contravened Section 33.
Former Section 31(2)	Created a residual penalty where the Industrial Disputes Act or rules were contravened and no other penalty applied.
Section 90, Industrial Relations Code	Current provision regulating service-condition changes and specified employer action during pending proceedings.
Section 91, Industrial Relations Code	Provides a complaint and adjudication mechanism for an employee aggrieved by contravention of Section 90.
Section 86(20), Industrial Relations Code	Current residual penalty for contraventions not otherwise covered by the preceding penalty provisions.

Industrial Relations Code Amendment Act 2026

The Industrial Relations Code (Amendment) Act, 2026 received Presidential assent on 16 February 2026 and is deemed to have come into force from 21 November 2025. It addressed the repeal and transition framework connected with commencement of the labour codes. Current applications of the Code should therefore be read with the amended statutory text and relevant notifications and orders.

Repeal, Transition and Pending Proceedings

Section 104 of the Industrial Relations Code deals with repeal and savings. The Central Government also issued the Industrial Relations Code (Removal of Difficulties) Order, 2025 to address continuity of adjudication during the transition to institutions constituted under the Code. For a historical contravention, the date of conduct, status of proceedings and applicable saving provisions should be examined before determining the governing law.

This article provides general statutory information. The precise consequence of a change in service conditions, discharge, dismissal or other employer action during pending proceedings depends on the facts, the nature of the pending dispute, the worker concerned, applicable rules and the statutory provisions in force on the relevant date.