Chapter III · Industrial Relations Code

Trade Unions

This chapter sets the rules for registering, running, renaming, merging and dissolving trade unions, including how many members a union needs and who may hold union office. It also tells an employer which union to negotiate with: a sole negotiating union where one has enough support, or a negotiating council where none does. It covers the legal protections unions enjoy and sends union disputes to the Tribunal instead of civil courts.

23 sections ~22 min read Official text, PDF pp. 9–16

HR and IR managersFactory and business ownersTrade union office-bearersWorkers

Key points

1A union of workers needs at least 10% of the workers or 100 workers, whichever is less, as members to register, and must keep that level (with a minimum of seven) or its registration can be cancelled. §6 §9
2Where only one registered union functions in an industrial establishment, the employer recognises it as the sole negotiating union, subject to criteria set by rules. §14
3Where several registered unions function, the one supported by 51% or more of the workers on the muster roll is recognised as the sole negotiating union; if none reaches 51%, the employer sets up a negotiating council of unions with at least 20% support each. §14
4A recognition or negotiating council lasts three years, and the employer and unions can mutually extend it up to five years in total. §14
5Outsiders are capped: all office-bearers except one-third or five, whichever is less, must actually work in the establishment or industry, and in a notified unorganised sector at least half must. §23
6Disputes between unions, between members and their union over registration, administration, management or elections, and over refused membership go to the Tribunal, and no other civil court can hear them. §22

At a glance

10% of workers or 100, whichever is less (minimum seven to stay registered)Membership needed to register and stay registeredSection 6 51% or more of workers on muster rollSupport needed for sole negotiating unionSection 14 At least 20% of workers on muster rollSupport needed for a seat on the negotiating councilSection 14 3 years (up to 5 years in total by agreement)Validity of recognition or negotiating councilSection 14 At least 60 days, in writingNotice before Registrar cancels registration (unless the union itself applied)Section 9 One-third or 5, whichever is lessOutsider office-bearers allowedSection 23

Earlier law:Trade Unions Act, 1926

Registrar of Trade Unions

In plain words

The State Government appoints a Registrar of Trade Unions, plus Additional, Joint and Deputy Registrars who exercise the powers the State notifies and are treated as the Registrar for unions whose registered office is in their area.

(1)

The State Government may, by notification, appoint a person to be the Registrar of Trade Unions, and other persons as Additional Registrar of Trade Unions, Joint Registrar of Trade Unions and Deputy Registrar of Trade Unions, who shall exercise such powers and perform such duties of the Registrar as the State Government may, by notification, specify from time to time.

(2)

Subject to the provisions of any order made by the State Government, where an Additional Registrar of Trade Unions or a Joint Registrar of Trade Unions or a Deputy Registrar of Trade Unions exercises the powers and performs the duties of the Registrar in an area within which the registered office of a Trade Union is situated, such Additional Registrar of Trade Unions or a Joint Registrar of Trade Unions or a Deputy Registrar of Trade Unions, as the case may be, shall be deemed to be the Registrar in relation to that Trade Union for the purposes of this Code.

Source: The Industrial Relations Code, 2020, official gazette copy, page 9

Criteria for registration

In plain words

Any seven or more members can apply to register a union, but a union of workers needs at least 10% of the workers or 100 workers, whichever is less, of the establishment or industry as members on the date of application, and must keep that strength (minimum seven) afterwards.

(1)

Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Code with respect to registration, apply for registration of the Trade Union under this Code.

(2)

No Trade Union of workers shall be registered unless at least ten per cent. of the workers or one hundred workers, whichever is less, engaged or employed in the industrial establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration.

(3)

Where an application has been made under sub-section (1) for registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.

(4)

A registered Trade Union of workers shall at all times continue to have not less than ten per cent. of the workers or one hundred workers, whichever is less, subject to a minimum of seven, engaged or employed in an industrial establishment or industry with which it is connected, as its members.

Source: The Industrial Relations Code, 2020, official gazette copy, page 10

Provisions to be contained in constitution or rules of Trade Union

In plain words

A union can register only if its executive is properly constituted and its rules cover set matters, including its name and objects, use of funds, member list, admission of ordinary members who actually work in the connected establishment or industry (whatever their craft or category) and of honorary or temporary members, subscriptions, an annual general meeting, elections every three years, annual audit, amendment of rules and dissolution.

A Trade Union shall not be entitled to registration under this Code, unless the executive thereof is constituted in accordance with the provisions of this Code, and the rules of the Trade Union provide for the following matters, namely:—

(a)

the name of the Trade Union;

(b)

the whole of the objects for which the Trade Union has been established;

(c)

the whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this Code;

(d)

the maintenance of a list of members of the Trade Union and adequate facilities for the inspection thereof by the office-bearers and members of the Trade Union;

(e)

the admission of ordinary members (irrespective of their craft or category) who shall be persons actually engaged or employed in the industrial establishment, undertaking or industry, or units, branches or offices of an industrial establishment, as the case may be, with which the Trade Union is connected, and also the admission of such number of honorary or temporary members, who are not such workers, as are not permitted under section 21 to be office-bearers to form the executive of the Trade Union;

(f)

the payment of a subscription by members of the Trade Union from such members and others, as may be prescribed;

(g)

the conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on any member;

(h)

the annual general body meeting of the members of the Trade Union, the business to be transacted at such meeting, including the election of office-bearers of the Trade Union;

(i)

the manner in which the members of the executive and the other office-bearers of the Trade Union shall be elected once in a period of every three years and removed, and filling of casual vacancies;

(j)

the safe custody of the funds of the Trade Union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the office-bearers and members of the Trade Union;

(k)

the manner in which the rules shall be amended, varied or rescinded; and

(l)

the manner in which the Trade Union may be dissolved.

Source: The Industrial Relations Code, 2020, official gazette copy, page 10

Application for registration, alteration of name and procedure thereof

In plain words

The registration application, made electronically or otherwise, must include an affidavit, the union's rules with the resolution adopting them, and the resolution authorising the applicants (for a federation, resolutions of each member union); a union older than one year must also file a statement of its assets and liabilities.

(1)

Every application for registration of a Trade Union shall be made to the Registrar electronically or otherwise and be accompanied by —

(a)

a declaration to be made by an affidavit in such form and manner as may be prescribed;

(b)

copy of the rules of the Trade Union together with a copy of the resolution by the members of the Trade Union adopting such rules;

(c)

a copy of the resolution adopted by the members of the Trade Union authorising the applicants to make an application for registration; and

(d)

in the case of a Trade Union, being a federation or a central organisation of Trade Unions, a copy of the resolution adopted by the members of each of the member Trade Unions, meeting separately, agreeing to constitute a federation or a central organisation of Trade Unions.

Explanation

Explanation.—For the purposes of this clause, resolution adopted by the members of the Trade Union means, in the case of a Trade Union, being a federation or a central organisation of Trade Unions, the resolution adopted by the members of each of the member Trade Unions, meeting separately.

(2)

Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars, as may be prescribed.

(3)

The Registrar may call for further information for the purpose of satisfying himself that the application complies with the provisions of this Code and the Trade Union is entitled for registration under this Code, and may refuse to register the Trade Union until such information is furnished.

(4)

If the name under which the Trade Union is proposed to be registered is identical with that of an existing registered Trade Union or in the opinion of the Registrar so nearly resembles the name of an existing Trade Union that such name is likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for altering the name of the Trade Union and shall refuse to register the Trade Union until such alteration has been made.

Source: The Industrial Relations Code, 2020, official gazette copy, page 11

Registration of Trade Union and cancellation thereof

In plain words

Once satisfied, the Registrar registers the union and issues a certificate that is conclusive proof of registration. The Registrar can cancel it on the union's own application, for breach of the Code, its rules or the union's own rules, or if membership falls below 10% of workers or 100, whichever is less; except where the union itself applied, it must first get at least 60 days' written notice of the grounds. The Registrar must also cancel when the Tribunal orders it, and must give the union written reasons for any cancellation.

(1)

The Registrar shall, on being satisfied that the Trade Union has complied with all the requirements of the provisions of this Chapter in regard to registration, register the Trade Union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for registration.

(2)

Where the Registrar makes an order for registration of a Trade Union, he shall issue a certificate of registration to the applicant Trade Union, in such form as may be prescribed, which shall be the conclusive evidence that the Trade Union has been registered under this Code.

(3)

If the Registrar has issued a certificate of registration to a Trade Union, he shall enter the name and other particulars of the Trade Union in a register maintained in this behalf in such form as may be prescribed.

(4)

Every Trade Union registered under the Trade Unions Act, 1926 having valid registration immediately before the commencement of this Code shall be deemed to have been registered under this Code:

Proviso

Provided that such Trade Union shall file with the Registrar a statement that the constitution of the executive of the Trade Union is in accordance with this Code along with the rules of the Trade Union updated in accordance with section 7, and the Registrar shall amend his records accordingly.

(5)

The certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar,—

(i)

on the application of the Trade Union verified in such manner as may be prescribed; or

(ii)

on the information received by him regarding the contravention by the Trade Union of the provisions of this Code or the rules made thereunder or its constitution or rules; or

(iii)

if he is satisfied that the members in a Trade Union falls below ten per cent. of total workers or one hundred workers, whichever is less:

Proviso

Provided that not less than sixty days previous notice in writing specifying the grounds on which it is proposed to cancel the certificate of registration of a Trade Union shall be given by the Registrar to the Trade Union before the certificate of registration is cancelled otherwise than on the application of the Trade Union.

(6)

A certificate of registration of a Trade Union shall be cancelled by the Registrar where a Tribunal has made an order for cancellation of registration of such Trade Union.

(7)

While cancelling the certificate of registration of a Trade Union, the Registrar shall record the reasons for doing so and communicate the same in writing to the Trade Union concerned.

Source: The Industrial Relations Code, 2020, official gazette copy, page 11

Appeal against non-registration or cancellation of registration

In plain words

Anyone aggrieved by a refusal to register or a cancellation of registration can appeal to the Tribunal within the period set by rules, and the Tribunal can accept a late appeal for sufficient reason; it can dismiss the appeal, direct registration, or set aside the cancellation.

(1)

Any person aggrieved by the refusal of the Registrar to grant registration to a Trade Union under section 9 or by cancellation of a certificate of registration under sub-section (5) of the said section, may within such period as may be prescribed, prefer an appeal to the Tribunal:

Proviso

Provided that the Tribunal may entertain the appeal after the limitation prescribed for preferring the appeal under this sub-section, if the appellant satisfies the Tribunal that such delay has been caused due to sufficient reason or unavoidable circumstances.

(2)

The Tribunal may, after giving the parties concerned an opportunity of being heard, dismiss the appeal or pass an order directing the Registrar to register the Trade Union and to issue a certificate of registration or set aside the order of cancellation of certificate of registration, as the case may be and forward a copy of such order to the Registrar.

Source: The Industrial Relations Code, 2020, official gazette copy, page 12

Communication to Trade Union and change in its registration particulars

In plain words

Notices to a registered union go to its head office address in the Registrar's register, and the union must tell the Registrar if its membership falls below 10% of workers or 100 workers, whichever is less, or if its registered particulars or rules change.

(1)

All communications and notices to a registered Trade Union shall be sent, in such manner as may be prescribed, to the address of the head office of the Trade Union as entered in the register maintained by the Registrar.

(2)

The Trade Union shall inform the Registrar if the members of such Trade Union falls below ten per cent. of total workers or one hundred workers, whichever is less.

(3)

The Trade Union shall inform the Registrar of any change in the particulars given by it in its application for registration and in its constitution or rules, in such manner as may be prescribed.

Source: The Industrial Relations Code, 2020, official gazette copy, page 12

Incorporation of a registered Trade Union

In plain words

A registered union is a legal entity in its own name, with perpetual succession and a common seal; it can own property, enter contracts, and sue and be sued.

Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.

Source: The Industrial Relations Code, 2020, official gazette copy, page 12

Certain Acts not to apply to registered Trade Unions

In plain words

Company, society and co-operative laws, including the Companies Act, 2013 and the Societies Registration Act, 1860, do not apply to a registered union, and any registration under those laws is void.

The provisions of the following Acts, namely:—

(a)

the Societies Registration Act, 1860;

(b)

the Co-operative Societies Act, 1912;

(c)

the Multi-State Co-operative Societies Act, 2002;

(d)

the Companies Act, 2013; and

(e)

any other corresponding law relating to co-operative societies for the time being in force in any State,

shall not apply to any registered Trade Union and the registration of any such Trade Union under any of the aforementioned Acts shall be void.

Source: The Industrial Relations Code, 2020, official gazette copy, page 13

Recognition of negotiating union or negotiating council

In plain words

An industrial establishment with a registered union must have a negotiating union or negotiating council: a lone union is recognised as sole negotiating union, subject to criteria set by rules; among several, the one backed by 51% or more of workers on the muster roll is recognised; otherwise unions with at least 20% support form a council, with one representative for each 20% and one for the remainder, and an agreement needs a majority of the council's representatives. Recognition lasts three years, and the employer and union can agree to extend it up to five years in total.

(1)

There shall be a negotiating union or a negotiating council, as the case may be, in an industrial establishment having registered Trade Union for negotiating with the employer of the industrial establishment, on such matters as may be prescribed.

(2)

Where only one Trade Union of workers registered under the provisions of this Chapter is functioning in an industrial establishment, then, the employer of such industrial establishment shall, subject to such criteria as may be prescribed, recognise such Trade Union as sole negotiating union of the workers.

(3)

If more than one Trade Union of workers registered under this Code are functioning in an industrial establishment, then, the Trade Union having fifty-one per cent. or more workers on the muster roll of that industrial establishment, verified in such manner as may be prescribed, supporting that Trade Union shall be recognised by the employer of the industrial establishment, as the sole negotiating union of the workers.

(4)

If more than one Trade Union of workers registered under this Code are functioning in an industrial establishment, and no such Trade Union has fifty-one per cent. or more of workers on the muster roll of that industrial establishment, verified in such manner as may be prescribed, supporting that Trade union, then, there shall be constituted by the employer of the industrial establishment, a negotiating council for negotiation on the matters referred to in sub-section (1), consisting of the representatives of such registered Trade Unions which have the support of not less than twenty per cent. of the total workers on the muster roll of that industrial establishment so verified and such representation shall be of one representative for each twenty per cent. and for the remainder after calculating the membership on each twenty per cent.

(5)

Where any negotiation on the matters referred to in sub-section (1) is held between an employer and a negotiating council constituted under sub-section (4), consequent upon such negotiation, any agreement is said to be reached, if it is agreed by the majority of the representatives of the Trade Unions in such negotiating council.

(6)

Any recognition made under sub-section (2) or sub-section (3) or the negotiating council constituted under sub-section (4) shall be valid for three years from the date of recognition or constitution or such further period not exceeding five years, in total, as may be mutually decided by the employer and the Trade Union, as the case may be.

(7)

The facilities to be provided by industrial establishment to a negotiating union or negotiating council shall be such as may be prescribed.

Source: The Industrial Relations Code, 2020, official gazette copy, page 13

Objects of general fund, composition of separate fund and membership fee of Trade Union

In plain words

A union's general funds can be spent only on objects set by rules; it may keep a separate voluntary fund for members' civic and political interests, and subscriptions are as set by rules.

(1)

The general funds of a registered Trade Union shall not be spent on any objects other than such objects as may be prescribed.

(2)

A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of such objects as may be prescribed.

(3)

No member shall be compelled to contribute to the fund constituted under sub-section (2) and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the Trade Union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the Trade Union.

(4)

The subscriptions payable by the members of the Trade Union shall be such as may be prescribed.

Source: The Industrial Relations Code, 2020, official gazette copy, page 13

Immunity from civil suit in certain cases

In plain words

No civil suit lies against a registered union, its office-bearers or members for acts in contemplation or furtherance of an industrial dispute to which a member is a party merely because they induce a breach of an employment contract or interfere with someone's trade, business or employment, and the union is not liable for an agent's wrongful act if it proves the agent acted without the executive's knowledge or against its express instructions.

(1)

No suit or other legal proceeding shall be maintainable in any civil court against any registered Trade Union or any office-bearer or member thereof in respect of any act done in contemplation or furtherance of an industrial dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

(2)

A registered Trade Union shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortuous act done in contemplation or furtherance of an industrial dispute by an agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the Trade Union.

Source: The Industrial Relations Code, 2020, official gazette copy, page 14

Criminal conspiracy in furtherance of objects of Trade Union

In plain words

Office-bearers and members cannot be punished for criminal conspiracy under section 120B(2) of the Indian Penal Code for agreements between members to further the union's objects referred to in section 15, unless the agreement is to commit an offence.

No office-bearer or member of a registered Trade Union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal Code in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in section 15, unless such agreement is an agreement to commit an offence.

Source: The Industrial Relations Code, 2020, official gazette copy, page 14

Enforceability of agreements

In plain words

An agreement among union members is not void just because it restrains trade, but this does not let a civil court hear a case to enforce, or claim damages for breach of, an agreement about the terms on which members will or will not sell goods, do business, work, employ or be employed.

Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade:

Proviso

Provided that nothing in this section shall enable any civil court to entertain any legal proceedings instituted for the purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a Trade Union shall or shall not sell their goods, transact business, work, employ or be employed.

Source: The Industrial Relations Code, 2020, official gazette copy, page 14

Right to inspect books of Trade Union

In plain words

Any office-bearer or member can inspect the union's books of account and list of members at the times set in the union's rules.

The books of account of a registered Trade Union and the list of members thereof shall be open to inspection by an office-bearer or member of the Trade Union at such times as may be provided for in the rules of the Trade Union.

Source: The Industrial Relations Code, 2020, official gazette copy, page 14

Rights of minor to membership of Trade Union

In plain words

A person aged 14 or above employed in a non-hazardous industry can be a member of a registered union and enjoy all members' rights, subject to the union's rules.

Any person who has attained the age of fourteen years and is employed in a non-hazardous industry may be a member of a registered Trade Union subject to any rules of the Trade Union, and may, subject to as aforesaid enjoy all the rights of a member and execute all instruments and given all acquaintances necessary to be executed or given under the rules.

Source: The Industrial Relations Code, 2020, official gazette copy, page 14

Disqualification of office-bearers of Trade Unions

In plain words

A person cannot be an office-bearer or executive member if under 18, convicted of an offence involving moral turpitude and jailed (until five years after release), or disqualified by the Tribunal; ministers and holders of an office of profit under the Union or a State are also barred.

(1)

A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union, if—

(i)

he has not attained the age of eighteen years;

(ii)

he has been convicted by a court in India for any offence involving moral turpitude and sentenced to imprisonment unless a period of five years has elapsed since his release;

(iii)

the Tribunal has directed that he shall be disqualified for being chosen or for being office-bearer of a Trade Union for a period specified therein.

(2)

No member of the Council of Ministers or a person holding an office of profit (not being an engagement or employment in an establishment or industry with which the Trade Union is connected) in the Union or a State shall be a member of the executive or other office-bearer of a Trade Union.

Source: The Industrial Relations Code, 2020, official gazette copy, page 14

Adjudication of disputes of Trade Unions

In plain words

Disputes between unions, between members and their union over registration, administration, management or elections, over refused membership, or concerning a union that is a federation of unions go to the Tribunal for the area of the union's registered office, and no other civil court can hear them.

(1)

Where a dispute arises between—

(a)

one Trade Union and another; or

(b)

one or more workers who are members of the Trade Union and the Trade Union regarding registration, administration or management or election of office-bearers of the Trade Union; or

(c)

one or more workers who are refused admission as members and the Trade Union; or

(d)

where a dispute is in respect of a Trade Union which is a federation of Trade Unions and office-bearer authorised in this behalf by the Trade Union,

an application may be made in such manner as may be prescribed to the Tribunal having jurisdiction over the area where the registered office of the Trade Union or Trade Unions is located for adjudication of such disputes.

(2)

No civil court other than the Tribunal shall have power to entertain any suit or other proceedings in relation to any dispute referred to in sub-section (1).

Source: The Industrial Relations Code, 2020, official gazette copy, page 15

Proportion of office-bearers to be connected with industry

In plain words

In a notified unorganised sector, at least half of a union's office-bearers must actually work in the connected establishment or industry; elsewhere, outsiders can be no more than one-third of office-bearers or five, whichever is less. The government can exempt particular unions or classes of unions from the half rule by order.

(1)

Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade Union is connected:

Proviso

Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.

Explanation

Explanation.—For the purposes of this sub-section, "unorganised sector" means any sector which the appropriate Government may, by notification, specify.

(2)

Save as otherwise provided in sub-section (1), all office-bearers of a registered Trade Union, except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the Trade Union is connected.

Explanation

Explanation.—For the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union.

Source: The Industrial Relations Code, 2020, official gazette copy, page 15

Change of name, amalgamation, notice of change and its effect

In plain words

A union can change its name with the consent of at least two-thirds of its members, and two or more unions can amalgamate in the manner set by rules. Written notice goes to the Registrar, signed by the secretary and seven members of the union (for an amalgamation, of each union), and the change takes effect from registration. A name change does not affect the union's rights, obligations or legal cases, and an amalgamation does not prejudice the unions' rights or their creditors'.

(1)

Any registered Trade Union may, with the consent of not less than two-third of the total number of its members and subject to the provisions of sub-section (3), change its name.

(2)

Any two or more registered Trade Unions may be amalgamated in such manner as may be prescribed.

(3)

Notice in writing of every change of name and of every amalgamation signed in the case of a change of name, by the secretary and by seven members of the Trade Union changing its name, and in the case of an amalgamation, by the secretary and by seven members of each and every Trade Union which is a party thereto, shall be sent to the Registrar and where the head office of the amalgamated Trade Union is situated in a different State, to the Registrar of such State in such manner as may be prescribed.

(4)

If the proposed name is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall refuse to register the change of name.

(5)

Save as provided in sub-section (4), the Registrar shall, if he is satisfied that the provisions of this Code in respect of change of name have been complied with, register the change of name in the register referred to in sub-section (3) of section 9, and the change of name shall have effect from the date of such registration.

(6)

The Registrar of the State in which the head office of the amalgamated Trade Union is situated shall, if he is satisfied that the provisions of this Code in respect of amalgamation have been complied with and that the Trade Union formed thereby is entitled to registration under section 9, register the Trade Union and the amalgamation shall have effect from the date of such registration.

(7)

The change in the name of a registered Trade Union shall not affect any rights or obligations of the Trade Union or render defective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.

(8)

An amalgamation of two or more registered Trade Unions shall not prejudice any right of any such Trade Unions or any right of a creditor of any of them.

Source: The Industrial Relations Code, 2020, official gazette copy, page 15

Dissolution

In plain words

When a union dissolves, notice signed by seven members and the secretary must be sent to the Registrar within 14 days; dissolution takes effect when registered, and if the rules are silent the Registrar divides the funds among members as set by rules.

(1)

When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the secretary of the Trade Union shall, within fourteen days of the dissolution, be sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such registration.

(2)

Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution of funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the members in such manner as may be prescribed.

Source: The Industrial Relations Code, 2020, official gazette copy, page 16

Annual returns

In plain words

Every registered union must file an audited annual statement of receipts, expenditure, assets and liabilities for the year ending 31 December, with changes of office-bearers and updated rules, and must send any rule change to the Registrar within 15 days; the Registrar can inspect its records.

(1)

Every registered Trade Union shall—

(a)

forward annually to the Registrar, on or before such date, in such form, audited in such manner and by such person, as may be prescribed, a general statement containing particulars of all receipts and expenditure of such registered Trade Union during the year ending on the 31st day of December next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 31st day of December;

(b)

along with the general statement referred to in clause (a), forward to the Registrar a statement showing changes of office-bearers made by the Trade Union during the year to which such general statement refers, together also with a copy of the rules of the Trade Union corrected up to the date of dispatch thereof to the Registrar.

(2)

A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration.

(3)

For the purpose of examining the documents referred to in clauses (a) and (b) of sub-section (1), and sub-section (2), the Registrar or any officer authorised by him, by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers and other documents, relating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than fifteen kilometres from the registered office of such Trade Union.

Source: The Industrial Relations Code, 2020, official gazette copy, page 16

Recognition of Trade Unions at Central and State level

In plain words

The Central Government may recognise a union or federation as a Central Trade Union, and a State Government may recognise one as a State Trade Union, in the manner and for the purposes set by rules, with disputes over recognition decided by an authority the rules name.

(1)

Where the Central Government is of the opinion that it is necessary or expedient that a Trade Union or federation of Trade Unions is to be recognised as Central Trade Union at the Central level, it may recognise such Trade Union or federation of Trade Unions as Central Trade Union in such manner and for such purpose, as may be prescribed, and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the Central Government.

(2)

Where the State Government is of the opinion that it is necessary or expedient that a Trade Union or federation of Trade Unions is to be recognised as State Trade Union at the State level, it may recognise such Trade Union or federation of Trade Unions as State Trade Union in such manner and for such purpose, as may be prescribed, and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the State Government.

Source: The Industrial Relations Code, 2020, official gazette copy, page 16

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