Authority: High Court of Judicature at Madras

Order Date: 07 August 2026

Case Overview

  • Parties:
  • Review Applicants: Metropolitan Transport Corporation Oozhiyar Munnetra Sangam represented by T. Saravanakumar (General Secretary) and K. Srinivasan (Treasurer).
  • Respondents: D. Arumugam (General Secretary, same union), Union of India (represented by Secretary, Ministry of Labour and Employment), Government of Tamil Nadu (represented by Secretary, Department of Labour and Skill Development).
  • Proceedings:
  • Review Application No.107 of 2026 filed under Order 47 Rule 1 read with Section 114 CPC to review the order dated 27‑April‑2026 passed in W.P. No.11416 of 2026.
  • Writ Petition (W.M.P.) No.25503 of 2026 filed under Article 226 of the Constitution seeking clarification of the same 27‑April‑2026 order, specifically regarding the transfer of O.P. Nos.10 and 11 of 2026 (originally OS No.5938 of 2025 and OS No.842 of 2026) from the XVI Assistant City Civil Court, Chennai, to the Industrial Tribunal, Chennai.
  • Legal Submissions:
  • Review applicants argued that civil courts lose jurisdiction over internal trade‑union disputes under the Industrial Relations Code, 2020, and that the earlier transfer prejudiced their rights.
  • The writ petitioner contended that civil courts retain jurisdiction until newly constituted Industrial Tribunals become operational, requesting the suits be transferred back to the civil court.
  • Additional Solicitor General of India (AR L. Sundaresan) defended the 27‑April‑2026 order, emphasizing the legislative intent of Sections 103, 104(1A), 22 and 97 of the Code to avoid a jurisdictional vacuum during the transition.
  • Prior Judicial Orders:
  • On 9‑March‑2026, a Single Judge of this Court, in C.R.P. Nos.1417 and 1422 of 2026, ordered the transfer of civil suits O.S.842/2026 and O.S.5938/2025 to the Industrial Tribunal, Chennai, where they were re‑numbered as O.P. Nos.10 and 11 of 2026.
  • The 27‑April‑2026 order in W.P. No.11416 of 2026 had affirmed that civil courts retain jurisdiction until the new tribunals are functional.

Final Outcome

  • The Court held that, because the suits have already been transferred to the Industrial Tribunal pursuant to the 9‑March‑2026 order, it is neither necessary nor appropriate to revisit the 27‑April‑2026 order in the present review and clarification proceedings.
  • The scope of review is limited to correcting apparent errors; no such error was found, and a rehearing is impermissible.
  • Consequently, Review Application No.107 of 2026 and W.M.P. No.25503 of 2026 are dismissed.
  • All legal questions concerning jurisdiction and statutory interpretation of the Industrial Relations Code, 2020, remain open for determination in appropriate future proceedings.
  • No order as to costs was made, and W.M.P. No.25117 of 2026 is closed.

Topics: Industrial Relations, Court Jurisdiction