On 8-12-2025, the Ministry of Labour and Employment notified the Industrial Relations Code (Removal of Difficulties) Order, 2025 to ensure smooth transition and provide clarity on functioning adjudicatory bodies. The provisions came into force on 8-12-2025.
Background:
On 21-11-2025, the Ministry of Labour and Employment announced the date of commencement of Industrial Relations Code, 2025 as 21-11-2025. However, this notification did not expressly repeal the following Acts:
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Trade Unions Act, 1926 (16 of 1926);
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Industrial Employment (Standing Orders) Act, 1946 (20 of 1946);
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Industrial Disputes Act, 1947 (14 of 1947).
Key Points of Industrial Relations Code Removal of Difficulties Order 2025:
This Order has been issued regarding the cases pending immediately before 21-11-2025:
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Cases in the Labour Court and the Tribunal constituted under the Industrial Disputes Act, 1947, will be transferred to the Tribunal having corresponding jurisdiction under this Code;
Cases in the National Tribunal constituted under the Industrial Disputes Act, 1947, will be transferred to the National Industrial Tribunal having corresponding jurisdiction under this Code.Under Section 51(2), such cases may be dealt with de novo or from the stage at which they were pending, as the Tribunal deems fit.
This Order has been issued for the removal of difficulties relating to pending cases.
For ensuring continuity of adjudication and avoiding it has been clarified that the Labour Courts, Industrial Tribunals and National Industrial Tribunals will continue to adjudicate the existing as well as new cases.
This step has been taken to ensure continuity of adjudication and to avoid any legal or administrative vacuum until the constitution of Industrial Tribunals under the Industrial Relations Code, 2020.