New Delhi, December 3, 2025 — The Delhi High Court on Wednesday asked the Central government to respond to a petition challenging the notification that fixed 21 November 2025 as the date on which the IR Code came into force — raising concern that the new labour-law framework has been activated without constituting requisite tribunals or framing implementing rules.
The petition, filed by workers represented by advocates including Ravindra S Garia, argues that although the Gazette notification formally invoked the IR Code on 21 November, the government has yet to notify the rules needed for its operation — nor has it constituted the tribunals envisaged under the Code.
Under the IR Code, all pending industrial-dispute cases in existing labour courts or tribunals are to be transferred to newly created tribunals under the Code. But since those tribunals remain non-existent, the petition claims, the notification effectively paralyses the adjudicatory machinery, leaving pending disputes in limbo.
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The petition argues that the notification in the absence of functioning tribunals or rules is “clearly unreasonable,” and violates fundamental rights under Articles 14 (equality before law) and 21 (right to life and personal liberty) of the Constitution.
A Division Benchcomprising Devendra Kumar Upadhyaya (Chief Justice) and Tushar Rao Gedela — observed that prima facie the transition to the new Code appears to have been affected without ensuring a smooth transfer mechanism.
The court expressed concern that the government “did not think of a smooth transition” and that by enforcing the IR Code without the required tribunals, “labour disputes remain unattended.”
The bench also noted that there is “no likelihood of the industrial tribunals being created in the near future,” which means that mandated transfer of cases under the Code would leave disputes in a state of uncertainty.
The court has directed the government to file its response, asking the Additional Solicitor General to take instructions in the matter. The case has been listed for the next hearing on December 10, 2025.
The notification bringing the IR Code, along with the other three consolidated labour codes, into effect from 21 November 2025, is part of a sweeping reform replacing 29 older labour laws.
However, legal experts and affected workers fear that until implementing rules are framed and tribunals constituted, the new codes remain largely theoretical — especially for dispute-resolution and trade-union-recognition processes.
For many, the Court’s scrutiny underlines the risk that large numbers of pending labour disputes — including retrenchments, closures, layoffs, and collective disputes — could stall indefinitely under the new regime.
