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Can “old” Labour Courts continue to function after the “new” Industrial Relations Code, 2020 has repealed the 1947 Act?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notification, arguing that the “Power to Remove Difficulties” (Section 103 of the IR Code) cannot be used to keep “repealed” courts alive.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:

  1. 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.
  2. 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.

#LabourLaws #IndustrialRelations #IRCode2020 #KeralaHigh Court #LegalUpdate #LabourCodes #Compliance #VijaySPundir #LawConsultant

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Adv Vijay Singh
MBA, MS, LLB, LLM

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