Existing mechanisms to continue until new labour tribunals are constituted: Govt
The Industrial Relations Code, 2020, is a specific, single code within the larger codes replacing the Industrial Disputes Act and the Trade Unions Act to govern industrial relations
The existing labour courts, industrial tribunals, and national industrial tribunals shall continue to adjudicate all pending and future matters under the Industrial Relations Code, 2020, until the new tribunals envisaged are constituted, the Union government told the Delhi high court on Thursday.
The Industrial Relations Code, 2020, is one of the four labour codes consolidated to replace 29 older labour laws. It came into force on November 21. The Industrial Relations Code, 2020, is a specific, single code within the larger codes replacing the Industrial Disputes Act, 1947, and the Trade Unions Act, 1926, to govern industrial relations.
Industrial Relations Code’s Section 51 provides for the transfer of all cases related to industrial disputes pending before any authority (such as a conciliation officer, board, court, or tribunal) immediately before the establishment of a new industrial tribunal. The rules provide for the qualifications for appointment of the tribunal members.
Additional solicitor general Chetan Sharma and standing counsel Ashish Dixit, who appeared for the government, cited a December 8 notification for removing difficulties, ensuring continuity of adjudicatory processes, and averting any legal or administrative vacuum.
The submission before a bench of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela was made in a petition that advocates practising before the labour courts and industrial tribunals, including NA Sebastian, filed challenging the notification on the Industrial Relations Code, 2020, without framing relevant rules for implementation or constituting any tribunals.
The lawyers argued that the code establishes an entirely new adjudicatory framework—an industrial tribunal with a distinct composition, authority, and jurisdiction, including the transfer of pending Industrial Disputes Act cases. They added that the government had failed to notify the rules governing the tribunal’s constitution and the terms and qualifications for appointing its members. Such an inaction, the lawyer said, was a paralysing effect on the adjudicatory machinery.
The high court last week expressed displeasure over the decision to operationalise the Industrial Relations Code, 2020, without framing the rules and constituting the tribunals required under the law to adjudicate disputes, and directed it to take corrective steps.
The advocates contended that the government had not issued any specific order repealing the earlier Acts. The court considered the same and asked the government to take steps to ensure a smooth transition from the old to the new labour law regime and fixed January 12 as the next date of hearing.
“We appreciate the efforts made by Shri Sharma and further repose our trust that at the end of the government, everything required to provide a smooth transition from the old to the new labour law regime shall be done. List on January 12,” the court said.
