Introduction

The Industrial Relations Code, 2020 is a significant piece of legislation in India that consolidates and amends the laws relating to trade unions, conditions of employment in industrial establishments, and the investigation and settlement of industrial disputes. It merges three key laws:[1]

1. The Trade Unions Act, 1926
2. The Industrial Employment (Standing Orders) Act, 1946
3. The Industrial Disputes Act, 1947

The purpose of the Code is to simplify and streamline the existing complex framework of labor laws, making it more accessible and easier to comply with, while also protecting workers’ rights and promoting industrial peace and harmony.

A trade union is an organized group of workers who come together to collectively protect and promote their common interests, particularly in matters concerning wages, working conditions, and rights. [2]Legally, a trade union is defined under the Industrial Relations Code, 2020, as any combination, whether temporary or permanent, formed primarily to regulate the relations between workers and employers, or among workers themselves. This definition encompasses not only the traditional labour unions but also associations that aim to represent workers’ interests in various capacities, including collective bargaining, advocacy, and legal representation.

The fundamental purpose of a trade union is to unite workers, allowing them to leverage collective strength in negotiations with employers, thereby improving their overall position in the workplace. Trade unions are also instrumental in ensuring that workers have a platform to voice their grievances, participate in decision-making processes, and seek fair treatment and justice.

Definition of Trade Union

A trade union is an organized group of workers who collectively voice their concerns, negotiate with employers, and advocate for better wages, working conditions, and other employment-related matters. The Industrial Relations Code, 2020 defines a trade union in Section 2(z)(zl) as any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workers and employers or between workers themselves.[3] This definition underscores the traditional role of trade unions in collective representation and bargaining, emphasizing their critical function in fostering dialogue and improving labor relations.

Definition of Trade Dispute

A trade dispute refers to any disagreement or difference arising between employers and workers, or among workers themselves, concerning employment or the terms of employment, including issues related to wages, hours of work, conditions of employment, or matters concerning the recognition of a trade union. Under the Industrial Relations Code, 2020, Section 2(zm) defines a trade dispute as any dispute between employers and employees, or between employees and employees, which is connected with the employment or non-employment, or the terms of employment, or with the conditions of labour, of any person. [4]This definition highlights the scope of disputes that may arise in industrial relations, providing a legal framework for addressing such conflicts.

Historical Background and Evolution of Trade Unions

The origins of trade unions can be traced back to the early 19th century, during the industrial revolution in Europe.[5] This period was marked by a significant shift from agrarian economies to industrialized societies, leading to the establishment of factories and the growth of the working class. The rapid industrialization brought with it harsh working conditions, long hours, low wages, and the exploitation of labour, including women and children. These factors created a pressing need for workers to band together to protect their interests, leading to the formation of early trade unions.

The earliest unions were often informal, and in many cases, illegal, as governments and employers viewed them as threats to economic stability and social order. Despite this, the movement grew, with workers increasingly organizing strikes and protests to demand better wages, safer working conditions, and the right to collective bargaining.

In the United Kingdom, the passage of the Combination Acts in 1799 and 1800, which outlawed workers’ combinations, temporarily stifled the growth of trade unions. However, the growing discontent among workers led to the eventual repeal of these acts in 1824, marking a significant victory for the labor movement. This period also saw the rise of more structured and legally recognized trade unions, with the Trade Union Act of 1871 in the UK granting legal recognition to these organizations.

In India, the trade union movement began in the early 20th century, heavily influenced by the freedom struggle and the labor movements in Europe. The first recorded trade union in India was the Madras Labour Union, formed in 1918. The labour movement gained momentum with the enactment of the Trade Unions Act, 1926, which provided legal recognition to trade unions and laid down the framework for their registration, rights, and liabilities. The act was a milestone in the history of Indian labour, as it formalized the role of trade unions in industrial relations and provided workers with a legal platform to negotiate with employers.[6]

Over the years, trade unions have evolved to address the changing dynamics of labour markets, industrial relations, and economic policies. In contemporary times, trade unions play a critical role not only in advocating for workers’ rights but also in contributing to policy-making, ensuring compliance with labour laws, and fostering social dialogue between workers, employers, and the government.

Importance of Trade Unions in Industrial Relations

Trade unions are a cornerstone of industrial relations, serving as a vital link between workers and employers. Their importance lies in their ability to represent workers’ interests collectively, thus balancing the power dynamics in the workplace. In the absence of trade unions, individual workers often find themselves in a weaker position when negotiating with employers, who typically hold more economic power.

One of the primary functions of trade unions is collective bargaining, where they negotiate with employers on behalf of workers to secure better wages, improved working conditions, job security, and benefits such as health insurance and pensions. Collective bargaining helps in establishing fair and equitable labour contracts that reflect the needs and aspirations of the workforce.[7]

Trade unions also play a crucial role in dispute resolution. They act as intermediaries between workers and management during conflicts, helping to mediate and resolve issues before they escalate into strikes or lockouts. This role is vital in maintaining industrial peace and productivity, as it fosters a collaborative approach to solving workplace problems.

Moreover, trade unions are instrumental in advocating for labour rights and ensuring that employers comply with labour laws and regulations. They monitor workplace practices, challenge unfair labour practices, and provide legal assistance to workers in cases of wrongful termination, discrimination, or harassment. In addition to these functions, trade unions contribute to the broader social and economic development by engaging in policy advocacy, promoting education and training for workers, and participating in national and international labor organizations. Their involvement in policy-making helps shape labour laws and social welfare policies that benefit not only their members but the workforce at large.

Registration of Trade Unions

The Industrial Relations Code, 2020 provides a comprehensive legal framework for the registration of trade unions in India. This framework ensures that trade unions are established and operated within a regulated structure, allowing them to represent workers effectively.

Criteria for Registration

Under Section 6(1) of the Code, any seven or more members of a trade union can apply for registration by subscribing their names to the rules of the trade union and complying with the provisions of the Code.[8] However, Section 6(2) stipulates that a trade union of workers cannot be registered unless at least ten percent of the workers or one hundred workers, whichever is less, employed in the industrial establishment or industry with which the union is connected, are members of the union at the time of application. This ensures that the trade union has a sufficient base of support among the workforce before it is registered.

The application process is protected under Section 6(3), which states that the application for registration does not become invalid even if some applicants, not exceeding half of the total number of applicants, cease to be members of the trade union or withdraw their support for the application before the registration is complete.

Moreover, Section 6(4) mandates that a registered trade union must continue to have at least ten percent of the workers or one hundred workers, whichever is less, as members. This requirement ensures that the trade union remains representative of the workforce throughout its existence.

Provisions in the Constitution or Rules of Trade Unions

Section 7 of the Industrial Relations Code, 2020, outlines the mandatory provisions that must be included in the constitution or rules of a trade union for it to be eligible for registration. [9]These provisions include:

• Name of the Trade Union: The constitution must clearly state the name of the trade union.
• Objects and Purposes: The constitution must specify the objectives for which the trade union has been established and the lawful purposes for which the union’s funds may be used.
• Maintenance of Membership Lists: The union must maintain an accurate list of members and provide adequate facilities for inspection by office-bearers and members.
• Membership Rules: The constitution should define the conditions for admitting ordinary and honorary members, payment of subscriptions, and the eligibility of members for benefits.
• Meetings and Elections: The constitution must outline the procedures for holding annual general meetings, electing office-bearers every three years, and removing members of the executive.
• Financial Management: Provisions for the safe custody of funds, annual audits, and inspection of account books must be included.
• Amendment and Dissolution: The rules must specify how the constitution can be amended, varied, or rescinded, and how the trade union may be dissolved.

These provisions ensure that the trade union operates in a transparent, democratic, and accountable manner.

Application for Registration

As per Section 8(1) of the Code, an application for the registration of a trade union must be submitted to the Registrar of Trade Unions, either electronically or otherwise[10]. The application must be accompanied by several key documents, including:

• Affidavit Declaration: A declaration made by affidavit in the prescribed form and manner.
• Copy of the Rules: The rules of the trade union, along with a resolution adopted by the members approving these rules.
• Authorization Resolution: A resolution authorizing the applicants to submit the registration application.
• Financial Statement (if applicable): If the trade union has existed for more than a year before the application, a general statement of the union’s assets and liabilities must also be submitted.

The Registrar may request additional information to ensure that the application complies with the Code’s provisions. If the trade union’s name closely resembles that of an existing registered union, the Registrar can require an alteration before registration.

Registration and Cancellation

Once the Registrar is satisfied that all requirements are met, as stipulated in Section 9(1), the trade union is registered by entering its details into a prescribed register. The Registrar then issues a certificate of registration, which serves as conclusive evidence of the union’s legal status under the Code.

If the Registrar refuses registration or cancels an existing registration, an appeal can be made to the Tribunal under Section 10(1). The Tribunal has the authority to either uphold the Registrar’s decision or order the registration or reinstatement of the trade union.

The certificate of registration can be withdrawn or canceled under Section 9(5) on the application of the trade union or if the union violates the Code’s provisions, its rules, or if its membership falls below the required threshold. In cases where a tribunal orders the cancellation, the Registrar must cancel the registration and provide written reasons for the decision.

Dissolution of Trade Unions

The dissolution of a trade union is a significant legal process, governed by specific provisions within the Industrial Relations Code, 2020. The dissolution marks the formal end of a trade union’s existence, and it involves both procedural requirements and considerations related to the distribution of the union’s assets. Section 25 of the Industrial Relations Code, 2020, lays down the legal framework for the dissolution of trade unions, ensuring that this process is conducted in a structured and legally compliant manner.

Notice of Dissolution

The first step in the dissolution process is the issuance of a notice of dissolution. According to Section 25(1) of the Industrial Relations Code, when a registered trade union decides to dissolve, a formal notice of this decision must be created. This notice must be signed by at least seven members of the trade union, as well as by the secretary of the union. The requirement for multiple signatures ensures that the decision to dissolve the union is representative and supported by a significant portion of its membership, rather than being the decision of a few individuals.

This notice of dissolution must then be sent to the Registrar within a strict timeframe of fourteen days from the date of dissolution. The fourteen-day period is crucial as it ensures that the dissolution process is communicated promptly, allowing the Registrar to take timely action. The role of the Registrar is pivotal in this process; they are responsible for verifying that the dissolution has been carried out in accordance with the union’s rules and regulations.

Registrar’s Role and Registration of Dissolution

Upon receiving the notice of dissolution, the Registrar must ensure that the dissolution complies with the established rules of the trade union. The Registrar’s verification process is designed to protect the interests of the union members and to prevent any unauthorized or improper dissolution. If the Registrar is satisfied that the dissolution has been effected in accordance with the union’s rules, they will register the dissolution. The registration of dissolution by the Registrar is not merely a formality; it serves as the legal recognition of the union’s cessation, and the dissolution officially takes effect from the date of such registration. This legal recognition is essential as it ensures that the dissolution is acknowledged by law and that the union is formally removed from the register of trade unions.

Distribution of Funds on Dissolution

A critical aspect of the dissolution process involves the distribution of the trade union’s funds. Trade unions often hold funds contributed by their members, and these funds must be managed appropriately upon dissolution. Section 25(2) addresses situations where the union’s rules do not provide clear guidance on how the funds should be distributed after dissolution. In such cases, the responsibility falls to the Registrar, who is empowered to divide the funds among the members of the union. The division of funds must be conducted in a manner prescribed by the law, ensuring that the distribution is fair and equitable. This provision is particularly important in safeguarding the rights of union members, ensuring that they receive their fair share of the union’s assets upon its dissolution.

The inclusion of these detailed provisions in the Industrial Relations Code, 2020, underscores the importance of a transparent and orderly dissolution process. The legal framework ensures that the dissolution of trade unions is carried out in a manner that is fair, compliant with legal standards, and protective of the rights and interests of union members. By requiring the involvement of the Registrar and providing clear guidelines for the distribution of assets, the Code helps prevent potential disputes and ensures that the dissolution process is concluded smoothly. This legal oversight not only protects the members of the dissolved union but also contributes to the overall stability and fairness of industrial relations in India.

Recognition of Trade Unions

The recognition of trade unions is a critical aspect of industrial relations, as it determines the legitimacy of a trade union in representing workers in negotiations with employers. The Industrial Relations Code, 2020 outlines specific criteria, processes, and roles for the recognition of trade unions at both the Central and State levels.

Criteria for Recognition of Trade Unions

The recognition of trade unions, particularly at the Central or State level, is governed by Sections 27(1) and 27(2) of the Industrial Relations Code, 2020. According to these provisions, the Central or State Government can recognize a trade union or a federation of trade unions as a “Central Trade Union” or “State Trade Union” if it is deemed necessary or expedient. The recognition process is conducted in a manner prescribed by the respective government, ensuring that the trade union meets the required standards of representation and legitimacy.[11]

For a trade union to be recognized, it must demonstrate that it has a significant following among the workforce it seeks to represent. This typically involves showing that a substantial percentage of the workers in a particular industry or establishment are members of the trade union. The exact criteria for recognition, including the percentage of worker support required, may vary depending on the specific rules and regulations established by the Central or State Government.

Process and Legal Provisions for Recognition

The process of recognizing a trade union involves several legal steps, which are detailed in the relevant government regulations. Initially, the trade union or federation of trade unions must apply for recognition, providing evidence of its membership and the support it has among the workers. The application is then reviewed by the appropriate government authority, which may conduct an investigation or survey to verify the union’s claims.

If the government is satisfied that the trade union meets the necessary criteria, it will issue a formal recognition. However, if there is a dispute regarding the recognition of the trade union, it will be resolved by an authority designated by the Central or State Government, as outlined in Sections 27(1) and 27(2). This ensures that the recognition process is fair and transparent, and that disputes are handled in a manner that maintains industrial harmony.

Role of Recognized Trade Unions in Industrial Relations

Once recognized, a trade union plays a pivotal role in industrial relations. As the official representative of the workers, the recognized trade union is entitled to negotiate with the employer on behalf of its members. This includes negotiating wages, working conditions, hours of work, and other employment-related matters. The recognized trade union also plays a key role in resolving disputes between workers and employers, often serving as the primary intermediary in conciliation and arbitration proceedings.

Furthermore, recognized trade unions are involved in the formulation of policies and regulations that affect workers’ rights and interests. They may participate in collective bargaining agreements, represent workers in discussions with government bodies, and advocate for changes in labour laws and regulations. The recognition of a trade union, therefore, enhances its ability to protect and promote the interests of workers, making it a crucial element in the broader framework of industrial relations.

Collective Definition and Purpose

Collective bargaining is a negotiation process between two key parties: employees and employers. The main objective is to reach an agreement that regulates working conditions and other employment terms. In simpler terms, collective bargaining is a method where workers, often represented by a union, negotiate with employers to ensure that their employment conditions, such as wages and working hours, are met satisfactorily.

Process of Collective Bargaining

Typically, the collective bargaining process begins with a trade union representing the workers initiating negotiations with the employer or their representatives. If the parties fail to reach an agreement, the matter may be referred to a government-appointed conciliation officer. Should conciliation efforts fail, the dispute can be escalated to a labor court or industrial tribunal for adjudication.[12]

Examples and Impact

An illustrative example of collective bargaining occurred in 2021 at Hippo Factories International Ltd., where workers negotiated for higher wages and retirement benefits during the COVID-19 pandemic. After rejecting the initial proposal and striking for a month, the workers succeeded in pressuring the company to meet their demands.

Origin and Historical Context

The term “collective bargaining” was first popularized in 1891 by Sydney and Beatrice Webb in Great Britain, with traces of its usage dating back to 1874 among coal miners. The process gained momentum as workers began advocating for their rights in the workplace during the 19th century, leading to the development of a collective bargaining system.

Collective Bargaining in India

In India, collective bargaining became prominent after independence, although its roots can be traced back to the 1920s in the textile mills of Ahmedabad. Mahatma Gandhi played a significant role in promoting this process as a more efficient and harmonious alternative to settling disputes through industrial courts. The concept was first introduced by companies like Dunlop Rubber Company and Bata Shoe Company in the 1940s and 1950s, leading to its widespread adoption in the private sector.[13]

Legal Support and Recognition

Despite its significance, there has been limited legal support for collective bargaining in India. The Industrial Disputes Act, 1947, laid the foundation for its practice, but no specific laws were enacted to promote collective bargaining. The Supreme Court first addressed the concept in the landmark case of Karnal Leather Karamchari Sangathan v. Liberty Footwear Company (1990), recognizing the Industrial Disputes Act as a tool for securing social justice through collective bargaining.

Key Definitions

Various scholars and organizations have defined collective bargaining. The International Labour Organisation (ILO) defines it as “negotiations about working conditions and terms of employment between an employer, or a group of employers, and one or more representative workers’ organizations with a view to reaching an agreement.” The Supreme Court of India described it as “the technique by which disputes as to conditions of employment are resolved amicably by agreement rather than coercion.”

Main Objectives

The primary objective of collective bargaining for employees is representation, while for employers, it is to reach a mutually beneficial agreement on employment terms. The ultimate goal is to establish a collective bargaining agreement that sets out the rules and provisions of employment for a specified period.

Essentials of Collective Bargaining The process of collective bargaining is characterized by several essential features:

1. Parties to the Negotiation: The negotiation involves representatives from both the employees (often through trade unions) and the employers.
2. Intention to Reach an Agreement: Both parties engage in the process with the intent to reach a mutually acceptable agreement.
3. Subject Matter of Negotiation: The negotiation typically covers employment terms, working conditions, wages, benefits, and other relevant employment-related issues.
4. Collective Nature: The process is collective, meaning it involves a group of employees negotiating as a unit rather than individually.
5. Continuous Process: Collective bargaining is not a one-time event but an ongoing process that continues until an agreement is reached.
6. Bipartite Nature: The negotiation is conducted between two parties—employers and employees—without involving a third party unless mediation is required.
7. Discipline and Respect: Both parties must conduct negotiations respectfully and maintain discipline to ensure a productive dialogue.
8. Flexibility: Flexibility is crucial in negotiations, allowing both parties to adjust their positions and compromise where necessary.
9. Implementation of Agreement: Once an agreement is reached, both parties are responsible for its implementation and adherence to the terms.
10. Differentiation from Collective Agreements: While collective bargaining is the process, collective agreements are the resulting contracts that outline the agreed terms and conditions.

Collective bargaining is a powerful tool for employees to negotiate effectively with employers, ensuring their rights are protected and their voices are heard. It also benefits employers by providing a clear framework for expectations and fostering cooperation in the workplace. Despite its challenges, collective bargaining remains a vital process for maintaining industrial peace and resolving disputes amicably.

Rights, Liabilities and Immunity of Registered Trade Union

Rights of Registered Trade Unions

1. Access to Records (Section 19)

The Industrial Relations Code, 2020, establishes that the financial records and membership lists of a registered trade union must be accessible to its members. Specifically, Section 19 mandates that the books of account, which reflect the financial status and transactions of the union, as well as the list of members, should be open for inspection. This provision ensures transparency and accountability within the union, allowing members to verify the financial health and governance of the organization. The inspection of these records shall occur at designated times, as specified in the union’s rules, ensuring that members can access this crucial information without infringing on the union’s operational integrity.

2. Eligibility for Membership (Section 20)

Section 20 outlines the criteria for membership in a registered trade union, establishing inclusive access for workers in non-hazardous industries. Any individual who has reached the age of fourteen and is employed in a non-hazardous work environment is eligible to join a registered trade union, provided they adhere to the specific rules set forth by the union. This provision is significant as it facilitates the participation of young workers, who are often vulnerable to exploitation, in collective bargaining and advocacy for their rights. Once admitted, these members are entitled to enjoy all rights associated with union membership, including the right to participate in union activities, vote in union elections, and contribute to discussions regarding collective agreements and policies. This inclusion fosters a sense of solidarity among workers and empowers them to collectively negotiate better working conditions and benefits.

Liabilities of Registered Trade Unions

1. Disqualifications for Office-Bearers (Section 21(1))

Section 21(1) outlines specific disqualifications for individuals seeking election or holding office in a registered trade union. The disqualifications include:

• Age Requirement: Individuals under eighteen years of age are ineligible to be elected or hold office, ensuring that office-bearers possess a level of maturity and understanding necessary for leadership roles within the union.
• Criminal Convictions: Persons convicted of offenses involving moral turpitude, which refers to conduct that is considered contrary to community standards of justice, honesty, or good morals, are also disqualified. This provision remains in effect until five years have passed since their release from imprisonment, thereby encouraging integrity and ethical behaviour in union leadership.
• Tribunal Disqualification: Additionally, a person can be disqualified if a Tribunal has specifically directed such disqualification for a specified period, highlighting the role of legal authorities in maintaining the integrity of union leadership.

2. Prohibition for Government Officials (Section 21(2))

Section 21(2) prohibits any member of the Council of Ministers or individuals holding an office of profit not connected to the trade union’s establishment from serving as executive members or office-bearers of a trade union. This provision aims to prevent conflicts of interest, ensuring that union leadership remains independent and focused on the welfare of the workers they represent. By excluding government officials, the law seeks to maintain the autonomy of trade unions and safeguard their functions from political interference.

Immunities of Registered Trade Unions

1. Immunity from Civil Suits (Section 16(1))

Section 16(1) provides registered trade unions, their office-bearers, and members immunity from civil suits arising from acts performed in contemplation or furtherance of an industrial dispute involving a union member. This immunity applies even if such actions result in another person breaching a contract of employment or interfere with their trade or business. The provision recognizes the need for unions to engage in collective actions and advocacy without the fear of legal repercussions, thus facilitating the protection of workers’ rights and interests.

2. Protection from Tortious Acts (Section 16(2))

Under Section 16(2), a registered trade union is not liable for tortious acts committed by its agents in the course of pursuing an industrial dispute, provided it can be demonstrated that the agent acted without the knowledge or contrary to the express instructions of the union’s executive. This protection ensures that unions are not held accountable for unauthorized actions taken by individuals, thereby encouraging proactive engagement in dispute resolution while safeguarding the union’s reputation.

3. Protection from Criminal Liability (Section 17)

Section 17 stipulates that office-bearers or members of a registered trade union shall not face criminal liability under Section 120B(2) of the Indian Penal Code for agreements made to promote the lawful objectives of the union, unless such agreements are explicitly aimed at committing an offense. This provision reinforces the right of unions to engage in collective bargaining and strategizing without the threat of criminal prosecution, provided their actions remain within the legal framework.

4. Validity of Agreements (Section 18)

Section 18 clarifies that agreements made between members of a registered trade union shall not be deemed void or voidable solely due to their restraining nature concerning trade. However, civil courts are not permitted to enforce agreements that dictate the conditions under which members may sell goods or engage in business transactions. This provision allows unions to establish internal agreements while protecting their collective interests, although it restricts external enforcement to avoid potential conflicts with broader trade regulations.

5. Dispute Resolution (Section 22):

Section 22 delineates the framework for resolving disputes involving trade unions or between union members and the union itself. It stipulates that such disputes may only be adjudicated by the designated Tribunal, effectively preventing civil courts from intervening in these matters. This provision underscores the specialized nature of labor disputes, which are better suited for resolution within a framework that understands the nuances of industrial relations. It also fosters a structured approach to dispute resolution, ensuring that conflicts are addressed promptly and effectively, thereby maintaining industrial harmony.

Case laws

1. M. T. Chandrasenan v. Sukumaran (1974)[14]

The Supreme Court ruled in the case of M. T. Chandrasenan v. Sukumaran (1974) that a member cannot be regarded as a trade union member if the subscription fee is not paid. However, subscriptions cannot be rejected on the basis of a reason that prevents membership

2. Re-Indian Steam Navigation Workers Union (1935)[15]

In the 1935 case of Re-Indian Steam Navigation Workers Union, the Supreme Court of India ruled that the Registrar’s role is limited to verifying whether the technical conditions for registration have been met, without concern for the potential legality of the union’s activities .

3. ACC Rajanka Limestone Quarries Workers Union v. Registrar of Trade Unions (1958)[16]

In ACC Rajanka Limestone Quarries Workers Union v. Registrar of Trade Unions (1958), the Supreme Court of India held that if the Registrar fails to register a trade union within three months of the application, an appeal may be filed to the High Court under Article 226 of the Indian Constitution.

4. Tata Electric Companies Officer’s Guild v. Registrar of Trade Unions (1994)[17]

The Bombay High Court in Tata Electric Companies Officer’s Guild v. Registrar of Trade Unions (1994) held that the registrar could only cancel a trade union’s registration if the union wilfully disregarded a notification. The court ruled that the registrar cannot cancel the registration on the basis that an account statement was not previously filed, provided that the union submits the statement after being notified.

5. Bombay Fire Fighters Service Union v. Registrar of Trade Unions, Bombay (2003)[18]

In Bombay Fire Fighters Service Union v. Registrar of Trade Unions, Bombay (2003), the Bombay High Court found that the registrar failed to comply with the mandatory provisions of Section 10 when it did not send a 2-month show cause notice to the union’s updated address. The court quashed the cancellation order on this basis.

6. West India Steel Company Ltd. v. Azeez (1988)[19]

In the 1988 case of West India Steel Company Ltd. v. Azeez, the court addressed an incident where a trade union representative blocked work for five hours in protest of a worker’s reassignment. The court ruled that employees, including trade union leaders, must follow directives from their superiors, and there is no legal authority for a trade union official or any employee to take on managerial responsibilities.

7. P. Mukundan and Ors. v. Mohan Kandy Pavithran (1991)[20]

The Kerala High Court in P. Mukundan and Ors. v. Mohan Kandy Pavithran (1991) held that a strike is not inherently a legally actionable offence. The court also determined that Section 18 of the Trade Unions Act provides protection to trade unions, their officers, and members from legal action related to strikes conducted by workmen.

8. Rohtas Industries Staff Union v. The State of Bihar (1962)

In the landmark case of Rohtas Industries Staff Union v. The State of Bihar (1962), the Patna High Court ruled that employers do not have the right to sue an employee for participating in an illegal strike, even if it results in business losses and reduced output.

Conclusion

The Industrial Relations Code, 2020 represents a significant overhaul of India’s trade union and industrial relations framework, aiming to streamline and modernize labour laws Given in chapter III of the code registration of trade union is given from section 5. The provisions related to the registration of trade unions under this Code emphasize the importance of formal recognition and legal status for trade unions, facilitating their role in industrial relations. Registration not only validates the existence of a trade union but also enhances its credibility and bargaining power within the workforce.

The Code outlines clear procedures and criteria for registration, ensuring transparency and accountability. It balances the need for orderly and efficient registration processes with the protection of the rights of trade unions, allowing them to function effectively in advocating for workers’ interests. Furthermore, the Industrial Relations Code provides a comprehensive framework for understanding the rights, liabilities, and immunities of registered trade unions. Registered trade unions gain statutory recognition, which bolsters their authority and ensures that they can effectively engage in negotiations, dispute resolutions, and collective bargaining. The Code also addresses the liabilities that come with this status, ensuring that trade unions operate within the legal framework and uphold their responsibilities towards both their members and employers.

Overall, the Industrial Relations Code, 2020 aims to create a balanced and equitable industrial relations environment, promoting harmonious relations between employers and employees while safeguarding the interests of both parties. The registration process and the accompanying rights and obligations provide a structured approach to labor management, fostering a more organized and effective industrial relations landscape in India.

References

• Industrial Relation Code, 2020
• https://lakshmisri.com/insights/articles/industrial-relations-code-2020-an-overview/
• https://www.nidirect.gov.uk/articles/introduction-trade-unions#:~:text=A%20trade%20union%20is%20an,are%20independent%20of%20any%20employer.
• https://www.legalserviceindia.com/legal/article-14205-registration-of-trade-unions-under-industrial-relations-code-2020.html#:~:text=%22Trade%20union%22%20defined%20in%20IR,employers%2C%20or%20for%20imposing%20restrictive
• https://blog.ipleaders.in/industrial-relations-code-2020-an-overview/
• https://www.britannica.com/topic/history-of-Europe/The-Industrial-Revolution
• https://unacademy.com/content/bpsc/study-material/labor-and-social-welfare/history-of-trade-union-in-india/
• https://www.davidsonmorris.com/collective-bargaining/
• https://blog.ipleaders.in/trade-unions-act-1926/
• https://www.legalserviceindia.com/legal/article-5096-registration-of-a-trade-union-under-industrial-relation-code.html
• https://www.lawrbit.com/article/industrial-relations-code-2020/
• https://blog.ipleaders.in/all-about-collective-bargaining/

[1] https://lakshmisri.com/insights/articles/industrial-relations-code-2020-an-overview/

[2] https://www.nidirect.gov.uk/articles/introduction-trade-unions#:~:text=A%20trade%20union%20is%20an,are%20independent%20of%20any%20employer.

[3] https://www.legalserviceindia.com/legal/article-14205-registration-of-trade-unions-under-industrial-relations-code-2020.html#:~:text=%22Trade%20union%22%20defined%20in%20IR,employers%2C%20or%20for%20imposing%20restrictive

[4] https://blog.ipleaders.in/industrial-relations-code-2020-an-overview/

[5] https://www.britannica.com/topic/history-of-Europe/The-Industrial-Revolution

[6] https://unacademy.com/content/bpsc/study-material/labor-and-social-welfare/history-of-trade-union-in-india/

[7] https://www.davidsonmorris.com/collective-bargaining/

[8] https://blog.ipleaders.in/trade-unions-act-1926/

[9] Ibid

[10] https://www.legalserviceindia.com/legal/article-5096-registration-of-a-trade-union-under-industrial-relation-code.html

[11] https://www.lawrbit.com/article/industrial-relations-code-2020/

[12] https://blog.ipleaders.in/all-about-collective-bargaining/

[13] Ibid

[14] M. T. Chandrasenan v. Sukumaran (1974)AIR1974SC1789

[15] In Re. Inland Steam Navigation Workers’ … vs Unknown AIR1936CAL57

[16] A.C.C. Rajanka Lime Stone Quarries’ … vs Registrar Of Trade Unions AIR1958PAT470

[17] Tata Electric Companies Officers Guild vs Registrar Of Trade Unions [1994(68)FLR656]

[18] Bombay Fire Fighters Services Union vs Registrar Of Trade Unions (2003)IILLJ1100BOM

[19] West India Steel Company Ltd. v. Azeez (1990)IILLJ133KER

[20] P. Mukundan and Ors. v. Mohan Kandy Pavithran (1992)IILLJ160KER