Delhi HC Flags Issues in Implementing New Labour Code
The Delhi High Court has observed that the Industrial Relations Code, 2020 may have been brought into force without formally repealing the earlier labour laws it was meant to replace. The concern was raised during the hearing of a petition challenging the manner in which the new code was implemented.
Absence of Clear Repeal Notifications
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela noted that no separate notification appears to have been issued to repeal the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947. The judges indicated that the transition to the Industrial Relations Code must be supported by explicit repeal of old statutes to avoid legal confusion, especially for ongoing industrial disputes.
The Industrial Relations Code was notified to come into effect on November 21, 2025, consolidating multiple labour laws into one framework covering trade unions, working conditions, and dispute resolution. However, the court stated that the absence of repeal notifications may affect the enforceability of the new code and the validity of actions taken under it.
Centre Asked to Clarify Legal Position
The court has directed the Additional Solicitor General to consult the concerned ministries and place on record the government’s position on whether the older labour laws stand repealed, and if so, through what legal mechanism. The matter will be heard next on January 12, 2026.
