May Day, Labour Codes, Tribunalisation of Judiciary and Workers Unrest

Buried within the general phenomenon of democratic decline is a set of cases in which charismatic new leaders are elected by democratic publics and then use their electoral mandates to dismantle by law the constitutional systems they inherited. These leaders aim to consolidate power and to remain in office indefinitely, eventually eliminating the ability of democratic publics to exercise their basic democratic rights, to hold leaders accountable, and to change their leaders peacefully. Because these legalistic autocrats" deploy the law to achieve their aims, impending autocracy may not be evident at the start. 

-Kim Lane Scheppelet in "Autocratic Legalism", The University of Chicago Law Review, Vol. 85, No. 2 (March 2018), pp. 545-584

Chairing the symposium on May Day, senior advocate and president of Advocates  Association Yogesh Chandra Verma, member, Bihar State Bar Council reminded all as to "why the day is celebrated in the memory of workers all over USA who took to the streets to demand a better working conditions and 8-hour work day, which paved the way for enactment of laws for the protection of workers rights across the world including India. In Chicago’s Haymarket Square too there were demonstrations of the working-class which lasted for days ended in tragedy." 

Dr Gopal Krishna, an advocate and researcher delivered his talk on the subject of the symposium. He recollected the blood-soaked journey of the struggle for labour laws which reached a penultimate point on May 1, 1886, when police killed a large number of workers and executed four of the movement’s most prominent leaders including August Spies, the trade unionist.  

 

Notably, during his trial August Spies said:If you think that by hanging us you can stamp out the labor movement — the movement from which the downtrodden millions, the millions who toil and live in want and misery, the wage slaves, expect salvation — if this is your opinion, then hang us! Here you will tread upon a spark, but here, and there and behind you, and in front of you, and everywhere the flames will blaze up. It is a subterranean fire. You cannot put it out. The ground is on fire upon which you stand." The subsequent May Days became an occasion for workers across the world come on the streets to contest the anti-labour laws and contracts. Through its struggle the labour movement gained the right to the eight-hour day, which is under attack. 

In India, the first official Labor Day (May Day) demonstration was held in Madras on May 1, 1923. The event was organized by the Labour Kisan Party of Hindustan led by the prominent leader and advocate Malayapuram Singaravelu Chettiar at Marina Beach and the beach opposite the Madras High Court to demand an 8-hour workday and official national holidays for laborers.

Dr. Krishna said: "This year the May Day in the country was celebrated in the backdrop of workers' unprecedented protest in India's National Capital Region wherein, workers from 83 factories protested against the 12-hour, 7-day working week, and unsafe working conditions."

Advocates who graced the occasion of May Day with their presence included: senior advocate Dr. Raja Ram Rai, Yogesh Chandra Verma, Uday Pratap Singh, Bindu, Ram Jiban Prasad Singh,  Manju Sharma, Manish, Dr. Gopal Krishna, Jnan Chandra Bhardwaj, Pooja, Rashmi and Jnan Chandra Bhardwaj, Angad, Manil Lal, Sanjana, Rajan Kumar and Vishal Kumar Arya.       

Most of these workers work on a monthly wage of Rs.11,000 to Rs.12,000. Uttar Pradesh governments like other State governments was required to notify revised wage rates and dearness allowance (DA) rates from time to time but the State government has not revised rates for last 12 years. For four full days, from April 9 to 13, 2026, the  workers owned the roads. The State police cracked down on union leaders of major central trade unions and several activists and several leaders were placed under house arrest from April 9 onwards. On April 10, 2026, thousands of garment workers at the Phase 2 Hosiery Complex, Noida walked away from their jobs. The workers demanded a minimum basic wage of Rs 20,000 for an 8-hour day. The sought parity with Haryana’s recently notified wage revision, and an end to the contract labour system. The worker's strike reached Motherson Group and Richa Global Exports by the end of the third day. More than 42,000 workers protested across 83 locations in Noida, Greater Noida and Faridabad on by April 14. Hundreds of 300 people were arrested. Dr. Krishna referred to the forced disappearance of workers and deaths in factories. Not a week passes without news about deaths of workers and migrant workers. He underlined that soldiers, police and security force employees are also workers in the uniform.  Commenting on the new four labour codes, he pointed out how role of courts have been undermined. The Industrial Relations Code, 2020 which came into force on November 21, 2025 has effectively abolished Labour Courts. It has created one-window adjudication forum at the Industrial Tribunal level. Notably, a notification released on December 8, 2025 by the Union Ministry of Labour and Employment, called the Industrial Relations (Removal of Difficulties) Order, 2025, revealed the institutional vaccum, by permitting existing Labour Courts to continue till the operationalisation of the new Tribunals. Union Ministry of Labour and Employment made a claim that "The Labour Codes do not abolish Labour Courts, they transform them into Industrial Tribunals to ensure faster and more efficient access to justice for workers." This claim is an admission that tribunalisation of courts is being naturalised. 

 

Union Ministry of Labour and Employment would do well to pay heed to Supreme Court's decision dated November 19, 2025 in Madras Bar Association vs. Union of India (2026), wherein, the Court concluded:" 151. We direct that unless the constitutional concerns repeatedly highlighted by this Court in the series of tribunal-related judgments are fully addressed and cured, and unless Parliament enacts an appropriate legislation that faithfully gives effect to those principles, the principles and directions laid down in MBA (IV) and MBA (V) shall continue to govern all matters relating to the appointment, qualifications, tenure, service conditions, and allied aspects concerning tribunal members and chairpersons. These judgments represent the binding constitutional standards necessary to preserve judicial independence and to ensure that tribunals function as effective and impartial adjudicatory bodies. Accordingly, they shall operate as the controlling framework. 152. As consistently directed in the earlier judgments of this Court, the executive bears a constitutional obligation to establish a National Tribunals Commission in accordance with the principles and framework articulated therein. The creation of such a commission is an essential structural safeguard designed to ensure independence, transparency, and uniformity in the appointment, administration, and functioning of tribunals across the country. The repeated judicial insistence on this body reflects the Court’s recognition that piecemeal reforms cannot remedy the systemic deficiencies that have persisted for decades. 153. We grant the Union of India a period of four months from the date of this judgment to establish a National Tribunals Commission. The commission so constituted must adhere to the principles articulated by this Court, particularly concerning independence from executive control, professional expertise, transparent processes, and oversight mechanisms that reinforce public confidence in the system." MBA refers to Madras Bar Association. 

 

Supreme Court struck down the provisions of the Tribunals Reforms Act, 2021 because it re-enacted provisions previously struck down provisions, overriding binding judicial precedents in the cases of Madras Bar Association vs. Union of India (2021) and Madras Bar Association. vs. Union of India (2022). The provision of Labour Tribunals is likely to meet the same fate. 

In the backdrop of such acts of commissions and commissions and the worker's historic unrest, the joint statement dated April 28, 2026 issued by The Platform of Central Trade Unions (CTUs) and Samyukta Kisan Morcha (SKM) assumes huge significance. It reads: "The joint meeting of CTUs and SKM held on 24th April took note that minimum wages have not been revised in many states for the last 10 years despite the price rise in basic essentials. In most industrial hubs, contract, casual, or fixed-term workers are migrant workers living in precarious conditions devoid of basic amenities. They are not allowed to form unions and are victimised if they attempt unionisation." 

The CTU-SKM statement noted that "the series of spontaneous worker agitations were not isolated incidents. Just two months ago, thousands of contract workers in the Baruni refinery areas in Bihar resorted to agitation. Most of them were kept on contract, lived with the threat of losing their jobs if they raised their voices, yet they took to the streets demanding justice: an eight-hour work day, double overtime wages for extra hours worked, increased minimum wages, workplace safety and dignity, leave equivalent to regular workers, social security, job cards, and pay slips. Thereafter thousands of workers agitated in Panipat, again on the same demands which also included a raise in the city's grade for wage calculations. Then followed similar protests in Surat, where several thousand workers took to the streets for agitation on similar demands; most of these workers were migrants from other states. The workers came out at their respective factory gates in Manesar, Haryana, demanding a raised minimum wage as per the recommendation of the state minimum wage board constituted after a ten-year gap. Other issues included working hours, overtime, workplace safety, no ill-treatment of workers, and basic amenities. Despite the trade  union joint council meeting with labour department officials in Manesar to support the workers’  demands for early resolution, the police lathi-charged the workers and arrested hundreds, imposing serious charges. It is only after massive struggles did the Haryana Government say they will implement what it has notified. The notification is for a lower amount than there commendation of the state Minimum Wage Board. Workers from several factories in Noida followed suit, demanding a raise in minimum wage, 8 hours of work, double overtime wages for extra work, social security, basic amenities,leave, and no harassment. It should be noted that no revision of minimum wage  took place in UP since 2012 despite the immense rise in the cost of basic essential goods and services.The workers’ protest regarding life and death questions for their families was met with a brute police force, several hundreds were arrested, beaten and injured. Families were left wondering where to find them. Serious charges were imposed on them and bail was denied....Soon after, workers in Bhiwadi and Neemrana also protested at factory gates on similar demands, they were attacked by hooligans in addition to the police." 

The statement noted: "This trend is growing and catching up in other cities as well. It reflects the reality that if the labour codes are implemented to contain and cripple the unions, the Government will be responsible for the threat to industrial peace. Meanwhile, an exodus of workers toward their hometowns is being witnessed as they find ithard to live on low wages amid the sudden increase in fuel prices due to West-Asian developments and the Central Government total failure to check and prevent black marketingof cooking gas and inflation of essential commodities. CTUs and SKM deplore and reject the narrative spread by the Minister of labour in UP and the Police Administration....The Noida Police putting activists and trade union leaders under “House Arrest” is illegalsince there is no explicit provision for “House Arrest” in the Bharatiya Nyaya Sanhita (BNS)or the Bhartiya Nagarik Suraksha Sanhita (BSS).  All political parties must oppose and rally against the illegal House Arrests, which amount to the murder of democracy and suppression of the constitutional right to protest. The central trade unions have repeatedly stated that labour law violations are common at workplaces, inspections do not take place, and apart from overwork and non-payment,workplace safety is compromised, resulting in the loss of precious lives and many workers losing their work capacities."

It pointed out: "Union formation is not allowed and those who attempt to unionize lose their jobs, in effect, there is a total denial of labour rights, absence of social dialogue and collective bargaining. Instead of addressing these issues raised on several occasions the central government introduced four draconian labour codes to legalise violations, finishing 15 central labour laws and repealing another 29 central laws to convert them into Four labour codes. These codes are to push the labour force to slavery, increased working hours, literally ending right tostrike, fix term employment as a norm, no job security, with threshold increased throwing out the protected workers also out of the labour law protections, unionisation a difficult process and de-registration and de-recognition very easy, end to inspection and proposals of Facilitators to facilitate the employers/businesses etc. 

The joint statement reads: "The joint meeting observed that what the nation witnessed in these three months is the desperation of workers, which leads to unrest when the industry does not allow unions andno dialogue occurs, disturbing industrial peace. The CTUs reiterate the demand to scrap the four labour codes and urge the Government to urgently call the Indian Labour Conference(ILC), India's top-level tripartite body, which last met in 2015 in New Delhi. The joint meeting asserted that workers will never allow to abolish the Constitutional rights for unionisation and collective bargaining."

Across the world, it is evident that if autocratic lawmaking and law enforcement is deemed natural. Unjust laws are no laws. They are not natural. Notorious laws and judgements do not survive for long because they are unnatural.