Case Note & Summary
The dispute arose when Glastronix LLP, the petitioner, challenged a reference order dated 19.12.2025 issued by the Labour Department, Government of Karnataka, referring an industrial dispute between the petitioner and Glastronix Karmika Sangha (Employees Union) to the Industrial Tribunal, Bengaluru under the Industrial Disputes Act, 1947. The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the reference order and a Central Government notification dated 08.12.2025 issued under Section 103 of the Industrial Relations Code, 2020. The core legal issue was whether the reference order was invalid due to the repeal of the Industrial Disputes Act, 1947 by the Industrial Relations Code, 2020, which was notified with effect from 21.11.2025. The petitioner argued that the Code came into force on 21.11.2025, repealing the old Act, and thus the reference made on 19.12.2025 was without jurisdiction. They also contended that Section 51 of the Code mandated transfer of pending proceedings to Tribunals under the Code, and that the notification under Section 103 was inconsistent with the Code. The respondents, including the Union and government authorities, relied on an amendment to Section 104 of the Code dated 16.02.2026, which introduced a savings clause allowing Tribunals and statutory authorities under the repealed Acts to continue functioning until Tribunals under the Code become operational. The court analyzed the provisions of the Industrial Relations Code, 2020, particularly Sections 1(3), 51, 103, and 104. It noted that the Code was notified on 21.11.2025, bringing all its provisions into effect. However, the amendment to Section 104 on 16.02.2026 added sub-section (1A), which expressly saved the functioning of Tribunals and statutory authorities under the repealed Acts until new Tribunals are formed under the Code. The court held that this savings clause preserved the jurisdiction of Labour Courts and Tribunals under the Industrial Disputes Act, 1947 during the transitional period. Additionally, the court applied Section 6 of the General Clauses Act, 1897, which protects actions taken under a repealed enactment unless a contrary intention is shown. Since the reference order was made on 19.12.2025, when the old Act was still in force, it was saved from invalidity. The court also rejected the petitioner's narrow interpretation of 'statutory authorities' in Section 104(1A), holding that it includes Labour Courts. Consequently, the court found no merit in the writ petition and dismissed it, upholding the reference order.
Headnote
A) Labour Law - Industrial Relations Code - Repeal and Savings - Industrial Relations Code, 2020, Sections 51, 103, 104 - The petitioner challenged a reference order dated 19.12.2025 issued under the Industrial Disputes Act, 1947, arguing that the Act stood repealed from 21.11.2025 when the Industrial Relations Code, 2020 was notified. The court examined Sections 51 and 104 of the Code and held that while the Act was repealed, Section 104(1A) as amended on 16.02.2026 preserved the jurisdiction of Tribunals and statutory authorities under the repealed Acts until Tribunals under the Code become functional. This saved the reference order. (Paras 18-21) B) Labour Law - General Clauses Act - Saving of Actions - General Clauses Act, 1897, Section 6 - The petitioner contended that the reference order dated 19.12.2025 was without jurisdiction due to retrospective repeal. The court applied Section 6 of the General Clauses Act, 1897, which saves anything done or any action taken under a repealed enactment unless a contrary intention appears. Since the reference was made when the Industrial Disputes Act, 1947 was in force, Section 6 protected its validity. (Para 22) C) Labour Law - Statutory Interpretation - Definition of Statutory Authorities - Industrial Relations Code, 2020, Section 104(1A) - The petitioner argued that Section 104(1A) of the Industrial Relations Code, 2020 did not mention 'Labour Courts', only 'Tribunals and statutory authorities'. The court interpreted the expression 'statutory authorities' broadly to include Labour Courts, ensuring continuity of jurisdiction during the transitional period. (Para 23)
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Issue of Consideration: Whether the reference order dated 19.12.2025 issued under the Industrial Disputes Act, 1947 was without jurisdiction due to the repeal of the Act by the Industrial Relations Code, 2020 with effect from 21.11.2025
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Final Decision
Writ Petition dismissed. No merit found. Reference order dated 19.12.2025 upheld.
