Existing labour courts, industrial tribunals to continue till new ones formed: Govt to Delhi HC

New Delhi, Dec 11 (PTI) The Delhi High Court on Thursday was informed by the central government that the existing labour courts and industrial tribunals will continue to adjudicate all the pending and new cases until the new tribunals are constituted.

The Centre's counsel referred to a December 8 notification of the Ministry of Labour and Employment stating that the existing labour courts, industrial tribunals and national industrial tribunals will continue to adjudicate the existing and new cases for the removal of difficulties, continuity of adjudication and avoidance of any legal or administrative vacuum till the constitution of new tribunals.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela recorded the submissions and asked the government to take steps to ensure a smooth transition from the old to the new labour law regime, Industrial Relations Code 2020.

The court listed the matter for further hearing on January 12.

"We appreciate the efforts made by ASG (Additional Solicitor General) Chetan Sharma and further repose our trust that at the government's end everything required to provide a smooth transition from the old to the new labour law regime shall be done," it said.

The high court was hearing a petition challenging the November 21 notification on the Industrial Relations Code, 2020 without framing relevant rules for implementation or constituting any tribunals.

It had earlier asked the ASG, representing the Centre, to get instructions from the authorities and take remedial steps according to law.

The bench had said it appeared that prima facie, the provisions permitting smooth transition for the new labour code have not been thought of by the central government. As a result, the labour disputes remain unattended, which might have arisen on or before November 21.

The petition said that the central government published a gazette notification on November 21, notifying the Industrial Relations Code, 2020. However, neither the rules have been framed to date for the implementation of the code nor has any tribunal been constituted.

Petitioners N A Sebastian and Sunil Kumar said the code provides for transfer of all pending cases to such tribunals which are non-existent and the entire functioning of the industrial tribunals and labour courts in Delhi has come to a halt and is mired in utter confusion. The code provides for two forums -- National Industrial Tribunal and Industrial Tribunal.

"In the circumstances unless the necessary rules, mechanisms and tribunals are constituted, it is necessary to protect the interest of workmen that the gazette notification dated November 21, 2025, providing that the 21st day of November, 2025 as the date on which the provisions of the said Code, shall come into force be quashed being clearly unreasonable being in violation of Article 14 and 21 of the Constitution," the petition, filed by advocate Ravindra S Garia, said.

It said the notification has a paralysing effect on the whole adjudicatory machinery under the Industrial Disputes Act by providing for the transfer of all pending cases to the tribunals under the Industrial Relations Code. PTI SKV SKV KSS KSS