N.A.SEBASTIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed with the prayer to quash the notification dtd. 21/11/2025 whereby the said date was appointed as the date of coming into force of the Industrial Relations Code, 2020 (hereinafter referred to as 'the Code, 2020 '). The notification was issued under subSec. 3 of Sec. 1 of the Code, 2020, however, the notification was not in accordance with the requirement of Sec. 104 of the Code, 2020 which requires that in the notification issued under sub-Sec. 3 of Sec. 1 for commencement of the provisions of the Code, the Government shall specify that provisions of certain enactments mentioned therein shall stand repealed with effect from the date appointed in the notification in this behalf and the remaining provisions of the enactments referred to in clauses (a) to (c) in Sec. 104(1) of the Code shall remain in force till they are repealed by like notifications in the like manner.

(2.) When the petition was entertained, it was submitted by learned counsel for the petitioner that in absence of any specification regarding repeal of the Acts as mentioned in Sec. 104 in the notification issued earlier under Sub-Sec. 3 of Sec. 1 of the Code, the entire new regime, which is sought to be enforced, had become unworkable.

(3.) Apart from the above, another issue raised in the writ petition, as addressed on earlier occasion by learned counsel for the petitioner, was that in absence of the rules which are required to be framed under Sec. 99 of the Code, 2020, various statutory authorities and tribunals etc. cannot be constituted and on enforcement of the new Code, the old labour laws cannot be applied and, therefore, it was prayed that an appropriate direction be issued so that the authorities and tribunals and labour Courts etc. under the old regime may continue to function till the constitution of the authorities/ Tribunals/ Courts under the new Code, 2020.