Court Dismisses Appeal Challenging Constitutionality of Section 104(1A) to Avoid Judicial Vacuum
In a significant ruling, the Kerala High Court has upheld the validity of the transitional provisions under Section 104(1A) of the Industrial Relations Code, 2020. The Division Bench comprising Justices Devan Ramachandran and Basant Balaji dismissed the appeal challenging the constitutional validity of the Industrial Relations Code (Amendment) Act, 2026, which introduced the provision.
The appellants, M.K. Suresh Kumar and another, sought a declaration that the Amendment Act was unconstitutional, arbitrary, and violative of Articles 14 and 21 of the Constitution of India. They contended that allowing existing Tribunals and Authorities constituted under repealed statutes to continue functioning was illegal and contrary to the Code's provisions.
The court, however, found that Section 104(1A) serves as a transitory mechanism to ensure continuity of judicial functions until the new Tribunals and statutory Authorities are constituted under the Code. It emphasized that the provision does not suffer from any vice of constitutional impropriety or manifest arbitrariness and does not violate Articles 14 and 21.
The judgment highlighted that the provision is necessary to avoid a judicial vacuum that would leave litigants without recourse. The court also noted that the constitution of the new Tribunals and statutory Authorities is underway and is expected to be completed soon.
In support of the provision, the court relied on the Supreme Court's judgment in Shayara Bano v. Union of India, which clarified that only manifestly arbitrary provisions would attract judicial scrutiny. The Bench concluded that the transitional provision is neither arbitrary nor unconstitutional and dismissed the appeal, affirming the decision of the learned Single Judge.
Bottom line:-
Industrial Relations Code (Amendment) Act, 2026 - Validity of transitional provisions upheld - Section 104(1A) providing for continuation of existing Tribunals and statutory Authorities is neither arbitrary nor unconstitutional - It serves as a transitory mechanism to avoid cessation of judicial functions until new Tribunals and statutory Authorities are constituted.
Statutory provision(s): Industrial Relations Code, 2020 Sections 44(7), 51(1), 104(1A); Constitution of India, 1950 Articles 14, 21
M.K. Suresh Kumar v. Union of India, (Kerala)(DB) : Law Finder Doc id # 2908464
