Union recognition, employee participation, and judicial clarity under India’s evolving industrial relations framework.
Statutory Framework
Section 14(3)
Where more than one registered trade union operates, the union supported by
51% or more workers on the muster roll
shall be recognised as the
sole negotiating union.
Section 2(l) – Employee
The Code adopts a broad definition of “employee”, covering skilled, semi-skilled, unskilled, supervisory, managerial, administrative, technical and clerical roles, excluding only apprentices and Armed Forces personnel.
Workplace Implications
Inclusive Representation
All employees on the establishment’s rolls are eligible to participate in union membership and recognition processes, irrespective of designation or grade.
Governance Readiness
Employers must maintain accurate muster rolls, transparent verification systems and compliant election processes to avoid disputes and regulatory exposure.
Madras High Court Clarification
The Court held that every employee, regardless of seniority or classification, is entitled to become a trade union member and participate in recognition elections under the Industrial Relations Code, 2020.
Core Issue
Objections to inclusion of senior officers in union elections were rejected, affirming parity across employee categories.
Recognition Rule
A union securing 51% support is recognised; failing which, a negotiating council is constituted with unions crossing 20% support.
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