The Centre on Monday informed the Delhi High Court that the rules required to operationalise the Industrial Relations Code, 2020, will be finalised by the end of February, prompting the court to dispose of a plea challenging the enforcement of the new industrial law.
The Bench was hearing a petition challenging the November-2025 notification through which the Centre brought the Industrial Relations Code, 2020, into force. The petitioner had argued that the enforcement of the code without the supporting rules had created a legal vacuum, leading to uncertainty for stakeholders governed by industrial laws.
Appearing for the Centre, Solicitor General Tushar Mehta told a Division Bench led by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia that the rule-making process was already underway and that objections and suggestions from the public had been invited. He assured the court that the rules would be notified shortly, bringing clarity to the implementation of the code.
Recording the submission of the Centre, the court noted in its order that it had been informed that the rule-making process was continuing and that the rules were likely to be finalised by the end of the month. The Bench took note of the assurance given by the Solicitor General while considering whether any interim directions were required.
Counsel appearing for the petitioner urged the court to direct that the old industrial rules should continue to operate until the new rules were framed. He contended that in the absence of rules under the new code, there was a regulatory gap that could adversely affect industrial relations and dispute resolution mechanisms.
The Bench, however, declined to issue any such directions. It observed that granting such relief would effectively revive the repealed industrial laws, which were no longer in force. The court held that it would not be appropriate to bring back a scrapped legal regime through judicial directions and refused to interfere on that ground.
In view of the submissions made by the Centre and the developments placed on record, the High Court disposed of the plea.
The matter had earlier drawn pointed observations from the court. During previous hearings, the High Court had flagged several lacunae in the rollout of the new industrial laws. It had observed that the Industrial Relations Code was brought into force without following the proper procedure for repealing the earlier laws governing the field.
The court had also expressed concern over the failure to constitute tribunals under the new legal framework, raising questions about the effective functioning of dispute resolution under the code.
On Monday, SG Mehta placed before the Bench two gazette notifications issued on the same day, stating that the concerns raised by the court had been addressed. He submitted that the procedural gaps identified earlier had now been taken care of.
Accepting the submission, the Bench agreed that the issues flagged earlier stood resolved and proceeded to close the case, bringing an end to the legal challenge against the enforcement of the Industrial Relations Code-2020 at this stage.
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