Notification no. S.O. 5683(E); Dated: 08-12-2025
1. Background
Following the enforcement of the Industrial Relations Code, 2020 (IRC, 2020), certain implementation challenges emerged regarding continuity of adjudication and dispute settlement mechanisms. These challenges arose because the new tribunals envisaged under the Code were yet to be constituted, while existing dispute resolution bodies continued to function under the Industrial Disputes Act, 1947 (IDA, 1947).
To address this transitional ambiguity and ensure uninterrupted adjudication, the Government has notified the Industrial Relations Code (Removal of Difficulties) Order, 2025.
2. Clarification Issued Under the Order
The Order clarifies and legally confirms that:
- Labour Courts, Industrial Tribunals and National Industrial Tribunals constituted under the Industrial Disputes Act, 1947
- Shall continue to adjudicate both:
-
- Pending cases already before them, and
- Fresh cases filed after commencement of the IRC, 2020
This continuity remains in force until the corresponding courts or tribunals are constituted under the Industrial Relations Code, 2020.
3. Purpose and Regulatory Intent
The Order has been issued to:
- Avoid jurisdictional uncertainty or procedural delays during the transition to the new Code
- Ensure that dispute adjudication, conciliation, and finality of labour disputes continue without disruption
- Provide legal confidence to employers, workers, trade unions and adjudicating forums
- Prevent administrative vacuum until new bodies are formed under the updated statutory architecture
The clarification ensures that no industrial dispute remains stalled due to structural transition or statutory ambiguity.
4. Significance for Stakeholders
For Industrial Dispute Resolution
- Ensures continuity and timely disposal of industrial disputes
- Avoids multiplicity of proceedings or contest on maintainability
For Employers and Workers
- Provides clear certainty on where disputes must be initiated, heard, or transferred
- Avoids operational paralysis in labour dispute management
For Tribunals
-
Confirms that existing judicial and quasi-judicial bodies retain full authority
until alternative institutions under the IRC are formally notified and operationalised
5. Transitional Framework
Until new tribunals are constituted under the IRC:
- All matters in existing labour courts and tribunals shall continue without transfer or re-filing
- Jurisdiction, procedural powers and adjudication pathways remain unchanged under the IDA framework
- New cases can be registered, adjudicated, and concluded under existing tribunals
This prevents legal uncertainty and preserves continuity of adjudication, enforcement and labour justice.
Click Here To Read The Full Notification
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