Transition to the Labour Codes: Repeal, Savings and Pending Cases

Replacing 29 Acts at once raises practical questions. What happens to cases pending under the Industrial Disputes Act, to minimum wage notifications, registrations and licences, to provident fund schemes, and to offences committed before the change? The Codes answer these through their repeal and savings sections, the General Clauses Act, and a staged roll-out of rules and schemes. This note explains the transition and the principles that govern it.

1. The Transition Timeline

From commencement to new rules and schemes

Figure 1: From commencement to new rules and schemes

Continuity during transition. The Government stated that the relevant provisions of the existing Acts and their rules, regulations, notifications, standards and schemes would continue in force during the transition.
Central and State spheres. The Central Rules govern establishments for which the Central Government is the appropriate Government; for others, State Rules apply as they are notified.

2. Repeal and Savings

The repeal sections of the four Codes

Figure 2: The repeal sections of the four Codes

Deeming. Anything done or action taken under a repealed Act, including rules, regulations, notifications, appointments and orders, is deemed to have been done under the corresponding provision of the Code, so far as it is not inconsistent.
General Clauses Act, s.6. Unless a different intention appears, repeal does not affect anything done, any right or liability accrued, or any penalty incurred under the old law, and pending proceedings continue as if the Act had not been repealed.
State of Punjab v Mohar Singh (1955). Whether a new law shows a contrary intention is judged by examining the new law as a whole; where it does not, s.6 preserves the old liabilities and proceedings.

3. Pending Matters

How pending matters are handled

Figure 3: How pending matters are handled

Article 20(1). A person cannot be punished with a heavier penalty than the one in force when the offence was committed, so pre-commencement offences are punished under the old penalties.
Old case law. Judgments on the repealed Acts remain authoritative wherever the Codes use the same language (Topic 40)

⚠ Exam trap

Repeal sections: Code on Wages s.69, IR Code s.104, Social Security Code s.164, OSH Code s.143. Each preserves actions taken under the old Acts and applies s.6 of the General Clauses Act. Pending Labour Court and Tribunal cases move to the Industrial Tribunal under s.51 of the IR Code, which may hear them afresh or continue from the stage reached. Offences before 21 November 2025 carry the old penalties because of Article 20(1).

4. Frequently Asked Questions

What happens to cases pending before a Labour Court under the Industrial Disputes Act?

Under section 51 of the IR Code, cases pending before Labour Courts and Industrial Tribunals constituted under the 1947 Act are transferred to the Industrial Tribunal with corresponding jurisdiction, and cases before the National Tribunal go to the National Industrial Tribunal. The Tribunal may deal with them afresh or from the stage at which they were pending.

Are notifications under the repealed Acts still valid?

Yes, so far as they are not inconsistent with the Code. Each Code deems anything done under the repealed Acts, including rules, notifications and orders, to have been done under its corresponding provisions, and section 6 of the General Clauses Act preserves accrued rights, liabilities and pending proceedings.

5. Related Topics

Topic 1: Labour Law Reform in India. The reform and its timeline.
Topic 39: Old Laws and New Codes. Concordance of the 29 Acts.