LAWS(KER)-2026-5-36

M.K. SURESH KUMAR Vs. UNION OF INDIA

Decided On May 22, 2026
M.K. Suresh Kumar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appellants call into question the correctness of the judgment of the learned Single Judge in WP(C) No.14179/2026.

(2.) Through the afore writ petition, the appellants sought a declaration that the Industrial Relations Code (Amendment) Act, 2026 (Act No.1 of 2026) (for short 'the Amendment Act') is unconstitutional, arbitrary and ultra vires the provisions of the Industrial Relations Code, 2020 ('Code' for short); and that it is also violative of Articles 14 and 21 of the Constitution of India. They also sought that the amendment dtd. 16/2/2026, to the extent to which sub- sec. (1A) was introduced in Sec. 104 of 'the Amendment Act', be declared illegal; and consequently, that a writ of prohibition be issued, to restrain Labour Courts, Industrial Tribunals and National Tribunals constituted under the Industrial Disputes Act, 1947 (for short 'ID Act') from adjudicating any existing or new cases under the Code.

(3.) The learned Single Judge considered the rival contentions and repelled them, finding that the impugned provision does not suffer from any vice from the standpoint of constitutional propriety or incorrectness; and the appellants are before us in appeal.