Delhi HC flags lack of repeal notification as Centre enforces labour code

Delhi HC flagged concerns that the Centre may have enforced the Industrial Relations Code, 2020 without formally repealing older labour laws, and has sought clarity on how the transition was notified

The Delhi High Court on Thursday observed that the Centre may have enforced the Industrial Relations Code, 2020, without properly repealing the existing labour laws governing the sector.

 

A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela directed Additional Solicitor General (ASG) Chetan Sharma to confer with government officials and address the issue. “You can issue a separate notification in conjunction with this (the notification bringing the code into force),” the Bench suggested.

 

The court observed that no notification had been issued declaring the repeal — whether partial or complete — of the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, or the Industrial Disputes Act, 1947.

   

“There has to be a repealing notification. The notification should contain the declaration of the commencement of the code, and it must also notify the repeal of these Acts. As of today, these Acts have not been repealed,” the Bench remarked.

 

The court was hearing a public interest litigation filed by N A Sebastian and another petitioner, challenging the government notification that brought the new labour code into effect. The plea contended that the notification has disrupted the country’s labour dispute resolution framework by transferring all pending cases under the Industrial Disputes Act, 1947, to the yet-to-be-constituted tribunals under the new code.

 

At the previous hearing, the court had directed ASG Sharma to examine the issue. On Thursday, Sharma informed the Bench that the government had issued a notification on December 8, allowing the existing labour courts and industrial tribunals under the Industrial Disputes Act to continue handling both pending and new matters until the new tribunals are set up. The matter will be heard next on January 12, 2026.