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Karnataka High Court
Glastronix Llp vs The President /General Secretary on 18 February, 2026
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WP No. 3784 of 2026
HC-KAR
R
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 3784 OF 2026 (L-RES)
BETWEEN:
GLASTRONIX LLP,
PLOT NO. 21E2-2ND PHASE
PEENYA INDUSTRIAL AREA,
BENGALURU - 560058.
REPRESENTED BY ITS DIRECTOR,
SRI. PARAG T PRATHAPAN,
REGISTRAR UNDER COMPANIES ACT.
...PETITIONER
(BY SRI S N MURTHY, SENIOR COUNSEL A/W
SRI SOMASHEKAR, ADVOCATE)
AND:
1. THE PRESIDENT/GENERAL SECRETARY,
GLASTRONIX KARMIKA SANGHA,
Digitally NO. 172/2, GROUND FLOOR,
signed by 4TH MAIN ROAD, 7TH CROSS,
PRAMILA G V
CHAMARAJAPET, BENGALURU - 560018.
Location:
HIGH COURT
OF 2. THE SECRETARY,
KARNATAKA LABOUR DEPARTMENT,
GOVERNMENT OF KARNATAKA,
VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560001.
3. THE SECRETARY TO GOVERNMENT,
MINISTRY OF LABOUR AND EMPLOYMENT,
SHRAMA SHAKTI BHAVAN,
RAFI MARG, NEW DELHI - 110001.
...RESPONDENTS
(BY SMT MAITREYI KRISHNAN, ADVOCATE FOR R1,
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SRI M RAJAKUMAR, AGA FOR R2,
SRI TUSHAR MEHTA, SOLICITOR GENERAL A/W
SRI K ARAVIND KAMATH, ADDITIONAL SOLICITOR GENERAL
A/W SRI GOWTHAM DEV C ULLAL, CGC FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT OR ORDER AND QUASH THE ORDER BEARING NO.LD-
IDM/510/2025/LD.DO.6.L-S DATED 19.12.2025 ISSUED BY
THE RESPONDENT NO.2 AT ANNEXURE DB) ISSUE A WRIT OF
CERTIORARI AND/OR ANY OTHER WRIT OR ORDER AND
QUASH THE CENTRAL GOVERNMENT NOTIFICATION DATED
08.12.2025 AT ANNEXURE G TO THIS WRIT PETITION.C) PASS
SUCH OTHER ORDER(S) AS DEEMED FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
Heard the learned Senior Counsel Sri. S.N. Murthy,
appearing for the petitioner, the learned counsel
Smt.Maitreyi Krishnan appearing for respondent No.1,
learned Additional Government Advocate for respondent
No.2, learned Solicitor General Sri.Tushar Mehta along
with Sri.Arvind Kamath, learned Additional Solicitor for
respondent No.3.
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2. This petition was disposed of vide order dated
10.02.2026. The said order was passed on the premise
that Industrial Disputes Act, 1947 (for short 'Act, 1947') is
in force. However, before signing the order, the Court
noticed that, in terms of notification dated 02.02.2026 the
Act, 1947 was repealed. Hence, the draft order dismissing
the petition was not signed and the matter was listed for
further hearing. Accordingly, the matter is heard afresh.
3. This petition is filed assailing the order dated
19.12.2025 issued by respondent No.2. In terms of the
said order, the dispute between the petitioner and
respondent No.1/Employees Union is referred to
adjudication to the Industrial Tribunal, Bengaluru.
4. Learned Senior Counsel appearing for the
petitioner would urge that the reference is invalid
inasmuch as the Industrial Relations Code, 2020 (Code,
2020) is notified with effect from 21.11.2025. In terms of
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the said Code, 2020, the Government has no jurisdiction
to refer the dispute under the Act, 1947.
5. It is the contention that the notification dated
08.12.2025 does not remove the difficulties and seeks to
go beyond the powers conferred under Section 103 of the
Code, 2020. On these grounds, it is urged that the
notification at Annexure - G passed under Section 103 of
the Code, 2020 is also required to be quashed.
6. Learned Solicitor General for respondent no.2
would contend that Section 104 of the Code, 2020 is
amended on 16.02.2026 and the powers of the Tribunals
and other statutory authorities under the Code, 2020, are
restored till the Tribunals become functional under the
Code, 2020.
7. Learned Senior Counsel for the petitioner by
way of reply would urge that the amendment to Section
104 of the Code, 2020 will not come to the aid of the
respondents to contend that the authorities and the
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Tribunals under the Act, 1947 will have jurisdiction, as
Section 51 of the Code, 2020 mandates transfer of all
pending proceedings under the Act, 1947 to the Tribunals
under the Code, 2020.
8. In addition, it is also urged that Section 104
does not refer to the Labour Courts' jurisdiction being
extended till the formation of the Tribunals under the
Code, 2020.
9. In addition, it is also urged by the learned
Senior Counsel for the petitioner that the Act, 1947 is
repealed vide notification dated 02.02.2026 with
retrospective effect from 21.11.2025, as such, the order of
reference dated 19.12.2025 is without jurisdiction.
10. The Court has considered the contentions raised
at the Bar and perused the records.
11. The Industrial Relations Code, 2020 was
notified with effect from 21.11.2025. Sub-section(3) of
Section 1 of the Code, 2020 reads as under:
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1.Short title, extent and commencement -
xxx
"(3) It shall come into force on such date as the
Central Government may, by the notification in the
Official Gazette appoint; and different dates may be
appointed for different provisions of this Code and any
reference in any such provision to the commencement
of this Code shall be construed as a reference to the
coming into the force of that provision."
12. On a plain reading of the said provision, it is
evident that the Code, 2020 will come into operation from
the date of notification under sub-section (3) of Section 1.
The provision would also indicate that the Central
Government is competent to appoint different dates for
application of different provisions of the Code, 2020.
However, the notification issued on 08.11.2025 does not
make any reservations in respect of application of any of
the provisions. Thus, all the provisions of the Code, 2020
are brought into effect from 21.11.2025.
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13. Section 51 of the Code, 2020 reads as under:
"51. Transfer of pending cases.-
(1) On and from the date of commencement of this
Code, the cases pending immediately before such
commencement--
(a) in the Labour Court and the Tribunal
constituted under the Industrial Disputes Act,
1947 (14 of 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 (14 of 1947),
shall be transferred to the National Industrial
Tribunal having corresponding jurisdiction
under this Code.
(2) The cases 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."
14. The plain reading of Section 51 would also
indicate that all the Labour Courts and Tribunals
constituted under the Act, 1947 shall not have any
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jurisdiction and the cases are to be transferred to the
Labour Tribunals and the National Tribunals constituted
under the Code, 2020.
15. It is an admitted factual position that, the
Tribunals and the National Tribunals are not constituted
under the Code, 2020.
16. Section 103 of the Code, 2020 would read as
under:
103. Power to remove difficulties.-
(1) If any difficulty arises in giving effect to the
provisions of this Code, the Central Government
may, by order published in the Official Gazette,
make such provisions, not inconsistent with the
provisions of this Code as may appear to it to be
necessary for removing the difficulty:
Provided that no order shall be made under
this section after the expiry of three years from the
date of commencement of this Code.
(2) Every order made under this section shall be laid
before each House of Parliament.
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17. Section 104 of the Code, 2020 reads as under:-
104. Repeal and savings.- (1) In the notification issued
under sub-section (3) of section 1 for the commencement
of any provision of this Code, the Central Government
may specify that the provisions of--
(a) the Trade Unions Act, 1926 (16 of 1926);
(b) the Industrial Employment (Standing Orders) Act,
1946 (20 of 1946); and
(c) the Industrial Disputes Act, 1947 (14 of 1947),
shall stand repealed with effect from the date
appointed in the notification in this behalf and the
remaining provisions of the enactments referred to
in clauses (a) to (c) shall remain in force till they
are repealed by like notifications in the like
manner.
(2) Notwithstanding such repeal under sub-section (1),
anything done or any action taken under the
provisions of the enactments so repealed including
any rule, regulation, notification, nomination,
appointment, order or direction made thereunder
shall be deemed to have been done or taken under
the corresponding provisions of this Code and shall
be in force to the extent they are not contrary to
the provisions of this Code.
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(3) Without prejudice to the provisions of sub-section
(2), the provisions of section 6 of the General
Clauses Act, 1897 (10 of 1897) shall apply to the
repeal of such enactments."
18. Section 103 of the Code, 2020 does not enable
the Government to take any action which is inconsistent
with the provisions of the Code, 2020. If under the said
provision the jurisdiction of the Courts and Tribunals under
the Act, 1947 is restored, then, it violates Section 51 of
the Code, 2020 as such, such an exercise is impermissible.
Thus, the contention that jurisdiction of the Courts and
Tribunals under the Act, 1947 are restored or will continue
till the establishment of the Tribunals under the Code,
2020 in view of notification under Section 103 of the Code,
2020 cannot be accepted.
19. It is true that vide notification dated
02.02.2026, the Act, 1947 is repealed. However, it is to be
noticed that Section 104 of the Code, 2020 is amended on
16.02.2026 as under:-
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104. Repeal and savings.-"(1) The following
enactments shall stand repealed on and from the date
appointed in the notification issued under sub-section (3)
of section 1, namely:-
(a) the Trade Unions Act, 1926;
(b) the Industrial Employment (Standing Orders)
Act, 1946; and
(c) the Industrial Disputes Act, 1947.
(1A) Notwithstanding such repeal under sub-section (1),
the functioning of the Tribunals and statutory authorities
functioning under the Acts so repealed shall continue to
function till such Tribunals and other statutory authorities
becomes functional under this Code.
(2) Notwithstanding such repeal under sub-section (1),
anything done or any action taken under the provisions of
the enactments so repealed including any rule, regulation,
notification, nomination, appointment, order or direction
made thereunder shall be deemed to have been done or
taken under the corresponding provisions of this Code
and shall be in force to the extent they are not contrary
to the provisions of this Code.
(3) Without prejudice to the provisions of sub-section
(2), the provisions of section 6 of the General Clauses
Act, 1897 (10 of 1897) shall apply to the repeal of such
enactments."
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20. It is noticed that in terms of the amendment
dated 16.02.2026 vide Act No.1/2026 (a) The Trade
Unions Act, 1926 (b) The Industrial Employment (Standing
Orders) Act, 1946; and (c) The Industrial Disputes Act,
1947 stood repealed with effect from the notification
issued under sub-section (3) of Section 1 of Code, 2020.
Since, notification under sub-section (3) of Section 1 of
the Code, 2020 is issued on 21.11.2025, the Act, 1947,
stood repealed with effect from 21.11.2025. However,
Section 104(1A) of the Code, 2020 provides that
notwithstanding the repeal of the Acts mentioned in the
said provision, the Tribunals and statutory authorities
functioning under the Acts so repealed will continue till the
formation of Tribunals and other authorities under the
Code, 2020.
21. This being the present position post amendment
dated 16.02.2026, there is no difficulty in holding that the
Tribunals, the Labour Courts and other statutory
authorities under the Act, 1947 will continue to have
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jurisdiction till the Tribunals are formed under the Code,
2020.
22. Though the learned Senior Counsel assailing the
order of reference dated 19.12.2025 would urge that since
Act, 1947 is repealed with retrospective effect from
21.11.2025, and the reference order dated 19.12.2025 is
to be construed as one without jurisdiction, the Court is of
the view when the reference order was passed the Act,
1947 was in force. In such a situation, Section 6 of the
General Clauses Act, 1897 would save the order of
reference dated 19.12.2025.
23. 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.
24. For the aforementioned reasons, this Court
does not find any merit in the Writ Petition.
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25. Accordingly, the Writ Petition is dismissed.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
brn/GVP
List No.: 1 Sl No.: 80
