Important Transitional Clarification for Employers on Repeal of Old Industrial Relations Laws
The Government of Rajasthan has published an update regarding the Industrial Relations Code (Amendment) Act, 2026, concerning amendment to Section 104 of the Industrial Relations Code, 2020. The update is linked with the transition from the earlier industrial relations laws to the new Code framework.
The Industrial Relations Code (Amendment) Act, 2026 was published in the Gazette of India Extraordinary after receiving the assent of the President on 16 February 2026. The Act is deemed to have come into force from 21 November 2025.
What is the key amendment?
Section 104 of the Industrial Relations Code, 2020 has been amended to clarify that the following enactments shall stand repealed from the appointed date notified under Section 1(3) of the Code:
1. The Trade Unions Act, 1926
2. The Industrial Employment (Standing Orders) Act, 1946
3. The Industrial Disputes Act, 1947
This amendment is important because these three legislations formed the core legal framework for trade unions, standing orders, industrial disputes, retrenchment, lay-off, closure, strikes, lock-outs and dispute resolution mechanisms.
Continuity of existing authorities
The amendment further provides that, notwithstanding the repeal of the above Acts, the existing Tribunals and statutory authorities functioning under the repealed Acts shall continue to function until the corresponding Tribunals and authorities under the Industrial Relations Code become functional.
This is a significant saving provision. It ensures that ongoing proceedings, pending disputes, existing references, and matters already before Labour Courts, Industrial Tribunals or other statutory authorities are not disturbed merely because of repeal of the earlier laws.
Practical impact for employers in Rajasthan
For employers having establishments in Rajasthan, this Gazette update should be understood as a transition and continuity clarification. The earlier industrial relations laws are being replaced by the Industrial Relations Code, but the changeover will not invalidate pending matters or existing proceedings.
Employers should note the following:
Pending industrial dispute matters will continue before existing forums.
Any ongoing matter under the Industrial Disputes Act, 1947 should continue before the existing authority until the new corresponding authority under the Code becomes operational.
Standing Orders related matters should be tracked carefully.
Where any matter is pending under the Industrial Employment (Standing Orders) Act, 1946, the same should be reviewed and mapped with the new Code requirements.
Trade union matters will also continue under the transitional arrangement.
Existing matters relating to registration, recognition, disputes or proceedings concerning trade unions should not be treated as automatically closed.
No immediate return or payment compliance arises from this amendment alone.
This amendment does not create any separate financial liability or immediate filing requirement. However, it has legal importance for tracking ongoing labour matters.
Recommended employer action
Employers in Rajasthan should immediately review the following:
Pending industrial disputes
Pending conciliation matters
Pending Labour Court or Industrial Tribunal cases
Standing Orders certification or modification matters
Trade union related correspondence or disputes
Internal policies relating to grievance handling, disciplinary action, lay-off, retrenchment, closure and strike/lock-out procedures
All pending matters should be properly recorded and tracked under the transition from the old laws to the Industrial Relations Code.