(Common Prayer: Petitions filed under Article 227 of the Constitution of India, praying to set aside the Order dated 20/02/2026 passed by the Hon’ble XVI Assistant City Civil Court, Chennai, in I.A.No.2 of 2026 in O.S.No.842 of 2026 .)

Common Order

1. Challenging the impugned order passed in IA.No.2 of 2026 in O.S.No.842 of 2016, by the XVI Assistant Judge, City Civil Court, Chennai, the revision petitioners/defendant preferred these Civil Revision Petitions.

2. The Court questioned the maintainability of this revision, since the order of interim injunction can be challenged by filing a CMA alone. At this stage, the learned counsel for the petitioner pointed that as per the new Amended Code, The Industrial Relations Code, 2020, Civil Court has no jurisdiction as per Section 22. If at all, any dispute between the trade unions and the workers, the same can be dealt with by the Tribunal alone which is having power to entertain such applications and not by the Civil Court. To that effect, he relied upon Section 22 of the Industrial Relations Code, 2020.

3. As per said provision, if the dispute is between the Trade Union and its members, workers, Civil Court has no right to deal with such dispute and the same is to be presented before the Tribunal.

4. By way of reply, the learned counsel for the respondents submit that as on date, no Tribunal was constituted under the Court, therefore, the Civil Court is entitled to entertain the suit and also the suit is very much maintainable. He further submits, on considering the prima facie materials, the Trial Court has rightly granted the interim injunction, which requires no interference.

5. Per contra, the learned Senior Counsel for petitioner replied that after the amendment of the Code, which came into force on 21.11.2025, thereafter, a writ petition was filed in WP.No.47257 of 2025 before this Court, where a Division Bench of this Court has held as under :

                     “4.From Clause (2), it is clear that the existing Labour Courts, Industrial Tribunals and National Industrial Tribunals constituted under the Industrial Disputes Act, 1947 shall continue to adjudicate the existing as well as new cases, for the purpose of ensuring continuity of adjudication and avoiding any legal or administrative vacuum until the constitution of Industrial Tribunals and National Industrial Tribunals under the Industrial Relations Code, 2020.”

6. The learned counsel also pointed out that the Act also has been amended on 16.2.2026 and the amendment reads as under:

                     “An Act to amend the Industrial Relations Code, 2020

                     Be it enacted by Parliament in the Seventy-Seventh Year of the Republic of India as follows:-

                     1. (1) This Act may be called the Industrial Relations Code (Amendment) Act, 2026.

                     (2) It shall be deemed to have come into force from the 21st day of November, 2025.

                     2. In the Industrial Relations Code, 2020, in section 104, for sub-section(1), the following sub-sections shall be substituted, namely:-

                     “(1) The following enactments shall stand repealed on and from the date appointed in the notification issued under subsection (3) of section 1, namely:-

                     (a) the Trade Unions Act, 1926;

                     (b) the Industrial Employment (Standing Orders) Act, 1946; and

                     (c ) the Industrial Disputes Act, 1947.

                     (1A) Notwithstanding such repeal under sub-section (1), the functioning of the Tribunals and statutory authorities functioning under the Act so repealed shall continue to function till such Tribunals and other statutory authorities becomes functional under this code.”

7. So, as on date, the amended Industrial Code empowers the existing Tribunals become functional. Therefore, the existing Labour Court and the Industrial Tribunals are entitled to decide the disputes between the Trade unions and the labour office bearers. But, inadvertently, the suit in OS.No.842 of 2026 was filed before the XVI Assistant City Civil Court, Chennai and the same is pending. After the filing of this CRP, the petitioners filed OP.No.9 of 2026, before the Industrial Tribunal, Chennai, for a declaration and injunction with regard to their selection and election made in the year 2022 and the respondents 2 to 4 herein, are also the respondents in that petition as parties are one and the same; to avoid further other legal complications, this Court is inclined to tag the suit in OS.No.842 of 2026 with OP.No.9 of 2026 and accordingly, the trial Court is directed to transfer the case in OS.No.842 of 2026 to the file of the Industrial Tribunal, within a period of one week from today.

8. Since the issue involved and the parties in OS.No.5938 of 2025 are one and the same as in O.S.No.842 of 2026, the suit in O.S.No.5938 of 2025 is also directed to be tagged along with OS.No.842 of 2026 and OP.No.9 of 2026.

9. The order of interim injunction granted by the Civil Court which is under challenge before this Court as the Civil Court has no jurisdiction to try the dispute between the parties, this Court is inclined to vacate the order of interim injunction granted by the Civil Court. Accordingly, the order of interim injunction dated 20.02.2026, passed by the XVI Assistant Judge, City Civil Court, Chennai, in I.A.No.2 of 2016 in O.S.No.842 of 2026, stands vacated. The Tribunal is directed to try the cases and proceed as per the manner known to law.

10. With the above direction, these revision petitions stand disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.