Labour Courts Continue To Have Jurisdiction Till Tribunals Are Formed Under Industrial Relations Code 2020: Karnataka High Court

The Karnataka High Court has held that the Labour Courts, Tribunals and other statutory authorities functioning under the Industrial Disputes Act, 1947, will continue to exercise jurisdiction till the Tribunals are constituted and become functional under the Industrial Relations Code, 2020. The Court observed that in view of the amendment to Section 104 of the Code on 16.02.2026, the repeal of the 1947 Act does not create a vacuum, and the existing adjudicatory forums will continue to function in terms of the saving clause.

Justice Anant Ramanath Hegde was hearing a writ petition filed by Glastronix LLP challenging an order dated 19.12.2025 by which the State Government referred an industrial dispute between the petitioner and the employees' union to the Industrial Tribunal, Bengaluru, under the Industrial Disputes Act, 1947. The petitioner also sought to quash the Central Government notification dated 08.12.2025 issued under Section 103 of the Industrial Relations Code, 2020. The principal contention of the petitioner was that the Industrial Relations Code, 2020, had been brought into force with effect from 21.11.2025, and therefore, after that date, the Government had no jurisdiction to make a reference under the 1947 Act.

The Court examined Sections 1(3), 51, 103 and 104 of the Industrial Relations Code, 2020. It noted that although Section 51 contemplates transfer of pending cases to Tribunals under the Code, it was an admitted position that the Tribunals and National Industrial Tribunals under the Code had not yet been constituted. The Court further held that Section 103, which confers power to remove difficulties, cannot be invoked to take measures inconsistent with the substantive provisions of the Code. It observed:

The Court referred to the amendment made to Section 104 of the 2020, which clarifies that, notwithstanding repeal of the Industrial Disputes Act, 1947 and other enactments, the Tribunals and statutory authorities functioning under the repealed Acts shall continue to function till such Tribunals and other statutory authorities become functional under the Code. Recently, the Kerala High Court upheld the Central Government's notification that permitted Labour Courts and Industrial Tribunals constituted under the repealed Industrial Disputes Act, 1947, to continue adjudicating cases even after the Industrial Relations Code, 2020, came into force.

It also held that even if the 1947 Act stood repealed retrospectively, Section 6 of the General Clauses Act, 1897 would save actions taken when the Act was in force, including the reference order dated 19.12.2025.

Addressing the contention that “Labour Courts” were not expressly mentioned in Section 104(1A), the Court held that the expression “statutory authorities” is wide enough to include Labour Courts constituted under the 1947 Act.

“Though it is urged that the word "Labour Court" is not found in Section 104 (1A) of the Code, 2020, the Court is of the view that the expression statutory authorities found in Section 104(1A) would also include the Labour Courts,” the Court observed,

Consequently, the writ petition was dismissed.

Case Title: Glastronix LLP v. Glastronix Karmika Sangha & Ors. [W.P. No. 3784 of 2026]

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