Labour Code Rules To Be Finalized By February End: Centre Tells Delhi High Court

The Central Government told the Delhi High Court on Monday that the Rules under the new Industrial Relations Code, 2020, will be finalised by the end of February.

SGI Tushar Mehta told a division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia that framing of Rules was under consideration and that suggestions have been sought from public.

SGI said that two notifications have been issued to remove the existing lacunae and ensure a smooth transition from old labour law regime to new code.

Mehta further said that the Tribunals established under the old labour laws would continue to function for the time being until the statutory bodies are constituted under the new code.

Noting the said development, the Court closed a PIL filed by one NA Sebastian challenging the notification issued by the Central Government on November 21 bringing the Industrial Relations Code, 2020, into force.

“In our opinion, concerns on the writ petition are addressed and continuing the proceedings would not be required,” the Court said.

The plea claimed that the notification was issued without framing relevant rules for implementation or constituting any tribunals.

The plea submitted that the Code provides for transfer of all pending cases to tribunals which are non-existent and that the entire functioning of the industrial tribunals and labour courts in Delhi has come to a halt.

It added that unless the necessary Rules, mechanisms and tribunals are constituted, it is necessary to protect the interest of workmen.

The petition also stated that the notification has a “paralysing effect” on the whole adjudicatory machinery under the Industrial Disputes Act by providing for the transfer of all pending cases to the tribunals under the Code.

Title: NA Sebastian & Anr v. Union of India