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Core Purpose

The Central Government issues the Industrial Relations Code (Removal of Difficulties) Order, 2025, to clarify the continuity of existing Labour Courts and Industrial Tribunals following the commencement of the Industrial Relations Code, 2020.

Detailed Summary

The Ministry of Labour and Employment, exercising powers under Section 103 of the Industrial Relations Code, 2020 (35 of 2020), issued the Industrial Relations Code (Removal of Difficulties) Order, 2025, effective from December 8, 2025, via Notification S.O. 5683(E). This order addresses difficulties arising from the commencement of the Industrial Relations Code, 2020, on November 21, 2025 (vide notification S.O. 5320(E), dated 21st November, 2025), which did not explicitly repeal previous acts as per Section 104 of the Code. It also considers Section 51, which mandates the transfer of pending cases from tribunals constituted under the Industrial Disputes Act, 1947, to new tribunals under the 2020 Code. To ensure continuity of adjudication and prevent a legal or administrative vacuum, the Order clarifies that existing Labour Courts, Industrial Tribunals, and National Industrial Tribunals constituted under the Industrial Disputes Act, 1947 (14 of 1947), shall continue to adjudicate both existing and new cases until the constitution of new Industrial Tribunals and National Industrial Tribunals under the Industrial Relations Code, 2020. The order was signed by Deepika Kachhal, Jt. Secy.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-08122025-268334 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 5495] NEW DELHI, MONDAY, DECEMBER 8, 2025/AGRAHAYANA 17, 1947 MINISTRY OF LABOUR AND EMPLOYMENT NOTIFICATION New Delhi, the 8th December, 2025 S.O. 5683(E). - Whereas, section 104 of the Industrial Relations Code, 2020 (35 of 2020) (hereafter in this Order referred to as the said Code) provides that in the notification issued under sub-section (3) of section 1 for the commencement of any provisions of the Code, the Central Government may specify that the provisions of the Acts specified in clauses (a) to (c) shall stand repealed with effect from the date appointed in the said notification and the remaining provisions of the said Acts referred thereto shall remain in force till they are repealed by like notification in the like manner; And whereas, vide notification number S.O. 5320(E), dated 21st November, 2025, published in the Gazette of India, the provisions of the said Code have been brought into force with effect from the 21st day of November, 2025 and the said notification did not expressly repeal any of the Acts specified in sub-section (1), as required for the purpose of section 104; And whereas, sub-section (1) of section 51 of the said Code provides that, on and from the date of commencement of the said Code, the cases pending immediately before such commencement- (a) in the Labour Court and the Tribunal constituted under the Industrial Disputes Act, 1947, shall be transferred to the Tribunal having corresponding jurisdiction under this Code; (b) in the National Tribunal constituted under the Industrial Disputes Act, 1947 shall be transferred to the National Industrial Tribunal having corresponding jurisdiction under this Code; And whereas, sub-section (2) of said section 51 provides that the cases so transferred under sub-section (1) to the Tribunal or the National Industrial Tribunal shall be dealt with de novo or from the stage at which they were pending before such transfer, as it may deem fit. Now, therefore, in exercise of the powers conferred by section 103 of the said Code, the Central Government, hereby makes the following Order, namely:- 1. Short title and commencement.—(1) This Order may be called the Industrial Relations Code (Removal of Difficulties) Order, 2025. (2) It shall come into force with effect from the 8th day of December 2025. 2. For the removal of difficulties, it is hereby clarified that the existing Labour Courts, Industrial Tribunals and National Industrial Tribunals constituted under the Industrial Disputes Act, 1947 (14 of 1947) shall continue to adjudicate the existing as well as new cases, for the purpose of ensuring continuity of adjudication and avoiding any legal or administrative vacuum until the constitution of Industrial Tribunals and National Industrial Tribunals under the Industrial Relations Code, 2020. [F. No. S-11025/07/2025-IR(PL)] DEEPIKA KACHHAL, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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