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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sushrut Arvind Dharmadhikari, CJ, G.Arul Murugan, J
D.Arumugam – Appellant
Versus
Union of India – Respondent
| Table of Content |
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| 1. amendment preserves existing tribunals and civil jurisdiction. (Para 4) |
| 2. petition disposed; pursue pending civil suit. (Para 5) |
Heard learned counsel for the parties.
2. This writ petition has been filed under Article 226 of the Constitution of India to declare Section 2 2 of the Industrial Relations Code implemented vide notification bearing Reference No.S.O.5320 (E) issued by the Ministry of Labour and Employment, dated 21.11.2025 and the subsequent notification issued by the Joint Secretary, Ministry of Labour and Employment, Union of India bearing Reference No.S.O.5683(E), dated 08.12.2025 and Section 2 (1A) of the Amendment Act, namely the (Amendment) Act, 2026 (Act No.1 of 2026), dated 16.2.2026 are ultra vires and unconstitutional in so far as Section 2 2 of till framing of the required rules under Section 99 of the and constitution of the Tribunal as per Section 44 of the to inquire the disputes.
3. The Union of India has introduced an Amendment Act on 16.02.2026, namely “TheIndustrial Relations Code(Amendment) Act, 2026” introducingSection 104(1A), which reads as under:
“Notwithstanding such repeal under sub-section (1), the functioning of the Tribun
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