THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.11416 of 2026 and W.M.P.Nos.12430 and 12431 of 2026 D.Arumugam General Secretary Metropolitan Transport Corporation Oozhiyar Munnerta Sangam Pallavan Salai (Near Kalaiarangam)

Chennai-600 002 Petitioner Vs

1.Union of India Rep. by its Secretary Ministry of Labour and Employment Shram Shakti Bhavan, Rafi Marg New delhi-110 001

2.Government of Tamil Nadu Rep. by its Secretary Department of Labour and Skill Development Fort St. George, Chennai-600 009 Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring Section 22 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 8^th December 2025 and Section 2(1A) of the Amendment Act namely “The Industrial Relations Code (Amendment) Act, 2026 (Act No.1 of 2026) dated 16.2.2026 are Ultra vires and unconstitutional in so far as Section 22 of Industrial Relations Code till framing of the required Rules under Section 99 of the Industrial Relations Code and constitution of the Tribunal as per Section 44 of the Industrial Relations Code to inquire the disputes.

For Petitioner: Mr.K.Sudalai Kannu For Respondents: Mr.AR.L.Sundaresan Addl. Solicitor General of India assisted by Mr.A.Kumaraguru Senior Panel Counsel for R1 Mrs.E.Ranganayaki Addl. Government Pleader for R2 ORDER (Order of the Court was made by the Hon'ble Chief Justice)

Heard learned counsel for the parties.

2. This writ petition has been filed under Article 226 of the Constitution of India to declare Section 22 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 Industrial Relations Code (Amendment) Act, 2026 (Act No.1 of 2026), dated 16.2.2026 are ultra vires and unconstitutional in so far as Section 22 of Industrial Relations Code till framing of the required rules under Section 99 of the Industrial Relations Code and constitution of the Tribunal as per Section 44 of the Industrial Relations Code to inquire the disputes.

3. The Union of India has introduced an Amendment Act on

16.02.2026, namely “The Industrial Relations Code (Amendment) Act, 2026” introducing Section 104(1A), which reads as under:

“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 become functional under this Code.”

4. The Union of India has also filed counter-affidavit explaining that the jurisdiction of the civil courts which are already exercising jurisdiction will continue and the same has been saved till the new Industrial Tribunals are constituted. In paragraphs 8 to 10, it has been stated as under:

“8. I submit that a careful perusal of the above said notification/provisions would show the intention of the Parliament as well as the first respondent to ensure that there is no vacuum for any legal or administrative decision to be taken.

9. I submit that in the light of the above, the ouster of the jurisdiction of the civil court under Section 22(2) should be read with Section 97 of the Code and th