The roadmap for India’s New Labour Codes just became much clearer.
On February 17, 2026, the Kerala High Court (Justice Gopinath P) dismissed a challenge against the Central Government’s transition strategy. The case, M K Suresh Kumar v. Union of India [2026 LiveLaw (Ker) 106], centered on a critical question:
Can “old” Labour Courts continue to function after the “new” Industrial Relations Code, 2020 has repealed the 1947 Act?
🔍 The Core of the Dispute
The petitioner challenged the December 8, 2025, notification, arguing that the “Power to Remove Difficulties” (Section 103 of the IR Code) cannot be used to keep “repealed” courts alive.
🏛️ The Court’s Verdict
The Kerala High Court followed the precedents set by the Delhi and Madras High Courts, establishing a nationwide judicial consensus:
- No Legal Vacuum: Transition periods are essential. The existing judicial machinery must continue to function to protect both workers and employers while new Tribunals are being constituted.
- Section 103 Validity: The “Removal of Difficulties” clause is a valid “safety valve” to ensure the wheels of justice don’t grind to a halt during major legislative shifts.
💡 Why This Matters for You
For legal practitioners and HR compliance leaders, this provides Procedural Certainty:
- Pending & New Cases: Existing Industrial Tribunals are legally empowered to adjudicate both old and new disputes.
- Binding Awards: Decisions made during this interim phase remain enforceable and legally sound.
- Strategic Planning: This reinforces the Ministry’s authority to manage the rollout of the Code on Wages and the IR Code without judicial interruption.
As we navigate this massive shift in Indian Labour Jurisprudence, staying updated on these “transitional” rulings is as important as understanding the Codes themselves.
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