Judicial Responses to Labour Law Codification: Trends and Challenges
Bhuvaneshwari, M (2026) Judicial Responses to Labour Law Codification: Trends and Challenges. In: CODIFYING LABOUR WELFARE An Analysis of India’s New Labour Regime. Crestwood Publishers, pp. 362-383. ISBN 9788199675360
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Abstract
The codification of Indian labour law into the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 marks the most ambitious restructuring of labour legislation since Independence. The four codes replace twenty-nine central enactments, but the significance of the reform lies not merely in legislative consolidation. The codes alter the architecture of labour governance by creating broader umbrella statutes, shifting substantial detail into delegated legislation, standardising regulatory devices such as the inspector-cum-facilitator, introducing digital registration and compliance mechanisms, and recasting old distributive compromises through new thresholds, definitions, and institutional arrangements.(2, 3, 4, 5, 7, 11) This restructuring matters because labour law in India has never been a self-contained statutory field. Courts have long interpreted labour legislation against the background of constitutional commitments to equality, dignity, social justice, and protection against exploitation. Labour adjudication has also evolved through an uneasy but enduring effort to reconcile distributive welfare with industrial peace, managerial prerogative, and economic policy. Codification therefore does not diminish the judicial role. It intensifies it. Framework statutes leave more space for interpretive choice; new categories such as gig workers and platform workers generate fresh doctrinal questions; and the codes operationalise reform through rules, schemes, and notifications that are themselves vulnerable to challenge or under-enforcement.
| Item Type: | Book Section |
|---|---|
| Subjects: | Legal Studies > Labour Law |
| Domains: | Legal Studies |
| Depositing User: | Mr IR Admin |
| Date Deposited: | 11 May 2026 04:21 |
| Last Modified: | 11 May 2026 04:21 |
| URI: | https://ir.vistas.ac.in/id/eprint/15618 |
