International Journal For Multidisciplinary Research

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The Non-Arbitrability of Employment Disputes in India: Analysing the Supreme Court’s Evolving Jurisprudence and the Transformative Impact of the Labour Codes

Author(s) Ms. Isha Bhavinkumar Amin
Country India
Abstract This paper analyzes the fundamental transformation of employment dispute resolution in India between 2024 and 2025, driven by critical judicial mandate and statutory reform. The research confirms that the Indian legal system has definitively subordinated private contractual autonomy to statutory labor protections, thereby narrowing the scope of employment arbitration significantly. Specifically, the Supreme Court of India established a clear jurisdictional boundary in its 2024 ruling, confirming that disputes concerning non-payment of wages (Payment of Wages Act, 1936) and the legality of termination (Industrial Disputes Act, 1947) are non-arbitrable, vesting exclusive jurisdiction in specialized statutory authorities.1 Concurrently, the implementation of the Industrial Relations Code, 2020 (IR Code), structurally excludes the application of the Arbitration and Conciliation Act, 1996 (A&C Act), for industrial disputes, substituting it with a specialized, state-regulated regime requiring mandatory administrative filing of the arbitration agreement within 30 days of execution.3 This dual shift necessitates an immediate and comprehensive overhaul of corporate employment dispute mechanisms, treating core labor rights as non-derogable public policy matters.
Keywords Employment Arbitration, Labour Codes, Non-Arbitrability, Public Policy, Supreme Court of India
Published In Volume 7, Issue 5, September-October 2025
Published On 2025-10-09
DOI https://doi.org/10.36948/ijfmr.2025.v07i05.57454
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E-ISSN 2582-2160
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