SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners challenge the provisions of the Industrial Relations Code (Amendment) Act, 2026, as unconstitutional, manifestly arbitrary and ultra vires the provisions of the Industrial Relations Code, 2020 (hereinafter referred to as 'the 2020 Code'). It is contended that the provisions of the amending act, which amends Sec. 104(1) of the 2020 Code, are violative of Articles 14 and 21 of the Constitution of India.

(2.) The learned counsel appearing for the petitioners would submit that the petitioners had earlier challenged a notification issued by the Central Government as S.O 5683(E) dtd. 8/12/2025, providing that notwithstanding the repeal of the Industrial Disputes Act, 1947 existing Labour Courts, Industrial Tribunals and National Tribunals constituted under the Industrial Disputes Act, 1947 shall continue to adjudicate the existing as well as new cases arising under the provisions of the Trade Unions Act, 1926, Industrial Employment (Standing Orders) Act, 1946 and 1947 Act as well as the 2020 Code till the constitution of Industrial Tribunals and National Industrial Tribunals under the 2020 Code. It is submitted that this Court, through the judgment reported as Suresh Kumar M. K. v. Union of India, 2026 (2) KHC 371, repelled the challenge to the aforesaid notification. It is submitted that a writ appeal has been preferred against the judgment in Suresh Kumar M. K. (supra), and the same is pending before the Division Bench as W.A No.572/2026. It is submitted that on 16/2/2026, the provisions of Sec. 104(1) of the 2020 Code were amended by the Industrial Relations Code (Amendment) Act, 2026, by incorporating sub-Sec. (1A). It is submitted that the provisions of the amended Sec. 104 of the 2020 Code cannot be sustained in law. It is submitted that this writ petition may also be tagged to be heard along with W.A No.572/2026.

(3.) Sri. P. Sreekumar, the learned Additional Solicitor General who appears for the official respondents, would submit that in the light of the judgment in Suresh Kumar M. K. (supra), this writ petition is only to be dismissed. It is submitted that the amendment of Sec. 104(1) of the 2020 Code cannot be challenged on the grounds raised in this Writ Petition. It is submitted that this writ petition need not be adjourned to be considered along with W.A No.572/2026.