The central government told the Delhi High Court on Monday that the rules to implement the new industrial relations code will be finalized by the end of February.
The Industrial Relations Code, 2020, is a specific code within the larger labor reform framework. (Anshuman Porekar/HT Photo)The Industrial Relations Code, 2020, one of four labor codes to replace 29 existing labor laws, came into effect on November 21. The Industrial Relations Code, 2020, is a specific code within the larger labor reform framework It replaced earlier laws for regulating industrial relations such as the Industrial Disputes Act, 1947 and the Trade Union Act, 1926.
Appearing for the Centre, Solicitor General Tushar Mehta, along with standing counsel Ashish Dixit, submitted before a bench of Chief Justice DK Upadhyay and Justice Tejas Kariyar that the ruling process is underway and objections and suggestions from the public have already been invited.
They also submitted that the Center had issued two notifications on Monday to ensure continuity of the interim judicial process, pending finalization of the rules.
Although the first notification stated that the provisions of the Trade Union Act, 1926, the Industrial Employment (Standing Order) Act, and the Industrial Disputes Act, 1947 were repealed with effect from November 21, the date on which all the authorities were codified under the Industrial Relations Code, 2020, the date on which the existing authorities were codified. The repealed Acts shall continue to operate until the relevant authority is appointed under the Industrial Relations Code.
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After considering the submissions, the court disposed of petitions filed by practicing advocates before the Labor Court and Industrial Tribunal, including NA Sebastian, challenging the Centre’s decision to implement the Industrial Relations Code, 2020 from November 21.
“The concerns raised in this petition have been resolved, and therefore, there will be no need to continue the proceedings,” the bench said in its order.
In their petition, the lawyers contended that though the Code establishes an entirely new judicial structure — an industrial tribunal with separate composition, authority and jurisdiction, including transfer of cases pending under the Industrial Disputes Act — the Center failed to notify rules for the constitution of the tribunal and fixing the tenure of members. Such inaction, they argued, had a paralyzing effect on the judiciary.
