Registration of Trade Unions

DEFINITION
The trade union is defined under section 2 (zl) of the Industrial Relations Code 2020 as, “any combination, whether
temporary or permanent, formed primarily for the purpose of regulating the relations between workers and employers
or between workers and workers, or between employers and employers, or for imposing restrictive conditions on the
conduct of any trade or business, and includes any federation of two or more Trade Unions: Provided that the
provisions of Chapter III of this code shall not affect —
1. any agreement between partners as to their own business
2. any agreement between an employer and those employed by him as to such employment
3. agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade
or handicraft”
PROCEDURE FOR REGISTRATION OF A TRADE UNION
The provisions and methods for registering trade unions are covered in Chapter II of the Trade Unions Act, 1929
whereas in the Industrial Relations Code, 2020 these are covered in Chapter III. The Industrial Relation Code, 2020,
contains the same provisions and procedures as the Trade Unions Act, 1929.
 Appointment of Registrar (Section 5 of Industrial Relations Code, 2020 and Section 3 of the Trade Union Act,
1926)
Section 5 of the Industrial Relations Code, 2020 provides for the appointment of a trade union registrar. The section
empowers the competent government to designate a qualified individual as Registrar of Trade Unions to register trade
unions and monitor their operations. The competent government may additionally designate Additional Registrars of
Trade Unions, Joint Registrars of Trade Unions, and Deputy Registrars of Trade Unions to carry out the Registrar's
tasks under the Registrar's supervision and control. The Registrar's duties and functions are outlined in the Act.
 Mode of Registration (Section 6 of Industrial Relations Code, 2020 and Section 4 of the Trade Union Act,
1926)
Any seven or more members of a Trade Union may apply for registration of the Trade Union by submitting their
names to the Trade Union's regulations and otherwise complying with the provisions of this Act for registration. No
worker's trade union shall be registered unless at least 10% of the workers employed or engaged in the industrial
establishment or industry with which it is linked, or one hundred workers, whichever is less, are members of such
Trade Union on the date of application for registration. At all times, a registered trade union of workers must have as
members not less than 10% of the workers or one hundred workers, whichever is fewer, subject to a minimum of
seven, employed or engaged in such an industrial establishment or industry with which it is associated.
An application for registration of a Trade Union made under section 6 (1) of the Industrial Relations Code, 2020, must
not be declared invalid merely because some of the applicants, but not more than half of the total number of persons
who applied, have ceased to be members of the Trade Union or have given notice, at any time after time of application
but before the registration of the Trade Union.
In Tirumala Tirupati Devasthanam[2], the supreme court held that any group of employees of an industry
establishment can be registered as a Trade Union under the Trade Unions Act, 1929, to regulate the relationship
between them and their employers, or between employees themselves, or between employers of the industry
establishment.
 Application for Registration (Section 8 of Industrial Relations Code, 2020)
An application for Trade Union registration must be made under section 8(1) to the Registrar electronically or
otherwise which must be supported by –
1. A declaration to be made by affidavit in the form and manner prescribed.
2. A copy of the Trade Union's rules, as well as a copy of the Trade Union's resolution adopting such rules.
3. A copy of the Trade Union's resolution authorizing the applicants to make an application for registration.
 4. In the case of a Trade Union that is a federation or a central organization of Trade Unions, a copy of the
resolution adopted by the members of each of the member Trade Unions who met separately and agreed to
form a federation or a central organization of Trade Unions.
Comparing it to section 5(1) of the Trade Union Act, 1926 every application for Trade Union registration must be
submitted to the Registrar, along with a copy of the Trade Union's rules and a statement of the following particulars:
(a) the names, occupations, and addresses of the delegates making the application; (b) the name of the Trade Union
and the address of the head office of the trade union; and (c) the titles, names, ages, addresses, and occupations of the
Trade Union's [office-bearers].
According to section 8(2) of the Industrial Relations Code, 2020 (Section 5(2) of the Trade Union Act, 1926) when a
Trade Union has been in existence for more than one year before making an application for registration, a general
statement of the Trade Union's assets and liabilities shall be delivered to the Registrar, together with the application, in
such form and containing such particulars as may be prescribed. The Registrar may request additional information as
per Section 8(3) of the Industrial Relations Code, 2020 to ensure that the application complies with the provisions of
this Code and that the Trade Union is eligible for registration under this Code, and may refuse to register the Trade
Union until such information is provided. If the name under which the Trade Union is requested to be registered is
identical to that of an existing registered Trade Union or, in the opinion of the Registrar, so strongly resembles the
name of an established Trade Union that such a name is likely to manipulate the public or members of either Trade
Union, the Registrar shall require the individuals requesting modification and shall refuse to register the Trade Union
until the modification is made as per Section 8(4) of Industrial Relations Code, 2020 (Section 7(2) of the Trade Union
Act, 1926).
G: Provide General statement of assets and liabilities (Section 8(2)).
R: Registrar can Request information and refuse registration if incomplete (Section 8(3)).
M: Registrar requires Modification of name to avoid confusion (Section 8(4)).
 Registration (Section 9(1)(2)(4) of Industrial Relations Code, 2020 and Section 8 of the Trade Union Act,
1926)
According to section 9(1) of the Industrial Relations Code, 2020 when the Registrar is satisfied that the Trade Union
has complied with all of the conditions of this Chapter about registration, he or she shall register the Trade Union by
entering the particulars relating to the Trade Union included in the statement accompanying the application for
registration in a register to be maintained in such form as may be required. When the Registrar issues an order for the
registration of a Trade Union, he shall issue to the applicant Trade Union a certificate of registration in such form as
may be required, as per section 9(2) of Industrial Relations Code, 2020 which shall be conclusive evidence that the
Trade Union has been registered under this Code. Section 9(4) of the Industrial Relations Code, 2020 states that every
Trade Union which is registered under the Trade Unions Act, 1926 that had valid registration immediately before the
beginning of this Code shall be regarded to have been registered under this Code only if, that Trade Union shall
submit with the Registrar a statement stating the constitution of the executive of the Trade Union is in line with this
Code, along with the rules of the Trade Union revised by section 7, and the Registrar shall change his record.
In Inland Steam Navigation Workers Union (in re)[3], the workers' union requested registration through an
application, but the Registrar denied it, considering it unlawful based on its object to be for all practical purposes. The
Registrar's duties, according to Justice Derbyshire, were to assess the application and the objects for which the union
was established. If such purposes were those specified in the Act, if they did not deviate from those specified in the
Act, and if all the requirements of the Act and the rules enacted thereunder were met, it was his obligation, in my
opinion, to register the union.
 Certificate Of Registration (Section 9(3) of Industrial Relations Code, 2020 and Section 9 of the Trade Union
Act, 1926)
If a Trade Union has been granted a certificate of registration, the Registrar must record the Trade Union's name and
other information in a register kept for that purpose in the form provided.
In IFFCO, Phulpur Karmachari Sangh v. Registrar of Trade Unions[4], it was held that the certificate of registration
remains valid until the registration is terminated.
In Telco Workers' Case[5], the high court held that there is no provision in the Trade Unions Act, 1926 that gives the
Registrar of Trade Unions the authority to handle the intense dispute between the parties. The Registrar has no
authority under the Act to hear private members of Trade Unions' grievances; nonetheless, a complaint may serve as a
source of information for the Registrar in forming an opinion for issuing a show-cause notice under Section 9 of the
Act.
CANCELLATION OF REGISTRATION OF TRADE UNION
The Registrar may withdraw or cancel a Trade Union's certificate of registration as per section 9(5) of the Industrial
Relations Code, 2020 (Section 10 of the Trade Union Act, 1926) —
1. on the Trade Union's application verified in the manner prescribed;
2. on information received by him regarding the Trade Union's violation of the provisions of this Code or the
rules made thereunder, or its constitution or rules;
3. if he is satisfied that the members in a Trade Union fall below ten percent of total workers or one hundred
workers, whichever is less, only when the Registrar gives the Trade Union not less than sixty days prior
written notice outlining the grounds on which it is planned to revoke the Trade Union's certificate of
registration before the certificate of registration is cancelled otherwise than on the Trade Union's application.
The Registrar shall cancel a Trade Union's registration certificate where a Tribunal has ordered the cancellation of
such Trade Union's registration. When cancelling a Trade Union's certificate of registration, the Registrar must record
the reasons for doing so and notify the Trade Union in writing.
APPEALS
According to section 10 of the Industrial Relations Code, 2020 any person who is dissatisfied with the Registrar's
rejection to grant registration to a trade union or the cancellation of a certificate of registration may file an appeal with
the Tribunal within the time limit allowed. If the appellant satisfies the Tribunal that the delay was caused by a
sufficient reason or unavoidable circumstances, the Tribunal may entertain the appeal after the limitation set for
preferring the appeal under this subsection.
After hearing the parties, the Tribunal may dismiss the appeal or make an order instructing the Registrar to register the
trade union and issue a certificate of registration, or set aside the order of revocation of the certificate of registration.
The Tribunal must send a copy of the order to the Registrar.
RIGHTS CONFERRED UPON THE TRADE UNION
Whenever a trade union is registered, it is granted specific rights and advantages. The registered trade unions have
certain rights guaranteed from sections 12 to 18 of Chapter III of the Industrial Relations Code, 2020. Along with the
rights granted to registered trade unions, the trade union is also charged with specific duties. The rights so secured are
as follows:
1. Right as a legal person to the trade union
Section 12 of the Industrial Relations Code, 2020 grants the trade union the right provided as a legal entity, which
entitles the trade union to specific qualities, including:
 Making it a body corporate by the name under which it is registered.
 It shall have perpetual succession.
 It shall have a common seal.
 It shall have the ability to hold and acquire moveable and immovable property.
 Giving it the power to intervene in contracts.
 It has the legal right to sue and be sued in its registered name.
2. Right to manage funds of the trade union
The second right provided to the trade union is the right of managing its funds, for the effective execution of the trade
union the funds are extremely important, and section 15 of the Industrial Relations Code, 2020 recognizes this.
Section 15(1) makes it very clear the goal of general funds which is that the general funds so gathered must be utilized
for the purposes indicated and specified in the trade union rules and should not be used on unspecified objects.
Though the Industrial Relations Code, 2020 does not expressly state what the objects are, the Act does state certain
objects that the general funds of the trade union must be used for particular purposes, such as paying salaries to office
bearers, conducting trade disputes, and participating in legal proceedings. In cases concerning the payment of
promotion of civic and political interests of trade union members, the trade union may form a separate fund under
section 15(2) of the Industrial Relations Code, 2020. Section 15(3) states that the trade union cannot oblige its
participants to contribute to the fund, and that trade union members who have not contributed to the separate fund
cannot be denied any trade union advantages or cannot be compelled to any disadvantage on the same basis, except to
control and manage the fund.
3. Right to be protected against civil proceedings
The next right granted in this sequence is the right to protection against civil actions or immunity against civil
proceedings which is conferred by the provision of section 16 of the Industrial Relations Code, 2020. This is among
the most important rights given to a registered trade union because trade unions may go on to conduct strikes to put
forward their collective voices and, in those situations, to restrict the employers from initiating a court case on this
basis, the registered trade union is granted the right to be protected against civil proceedings. However, this right is not
available in all instances of strike and protest instead, it is limited to strikes that are peaceful and non-violent, and it is
particularly granted only to registered trade unions.
The language of the section states that a civil suit or civil legal procedures against a trade union which is registered or
any office-bearer or member for acts done in anticipation of an industrial dispute would not be maintainable and that a
registered trade union shall not be liable in respect of any malicious act done in support of an industrial dispute by an
agent if it is proved that such act is done without the knowledge of trade union. Unless and until the Act is shown to be
unlawful, tortious, or violent, the registered trade union shall be immune in this regard. The argument behind the
section is that to organise strikes collectively a person must encourage another person to breach an employment
contract and interfere with business or employment to strike and jointly put forward the demands.
In Rohtas Industries staff vs State of Bihar[6], the issue was whether the employer has the right to claim damages
against an employee who participated in an illegal strike, to which the court replied negatively, stating that employers
do not have the right to claim civil damages regardless of whether a strike is legal or illegal.
One important consideration in this regard is that the strike organized must be peaceful and non-violent to qualify for
civil immunity. In Simpson & group company workers & staff union vs Amco batteries ltd.[7], it was stated that
the physical impediment of free movement is not a valid claim of civil immunity.
4. Right to be protected against criminal proceedings
Section 17 of the IR exempts office bearers and members of registered trade unions from criminal conspiracy sub-
section (2) of Section 120B of the Indian Penal, 1860, concerning any agreement in furtherance of any of the objects
mentioned in Section 15 however, if there is an agreement to commit an offence, this section will not be held
applicable, and immunity will not be conferred.
In S.B. Shinde vs. State of Maharashtra[8], the office bearers and members of the registered trade union Bajaj auto
limited, Pune, caused large-scale violence and property destruction during a two-day strike, disrupting public fees and
even the enforcing authority, resulting in grave injuries. In this case, the court ruled that such activities by workers that
culminated in violence could not be protected under section 17.
5. Right of privilege to make agreements in restraint of trade
Section 18 of the IR, 2020 provides that agreements in restraint of trade between members of a registered trade union
are not void or voidable solely because the agreement and its object are in restraint of trade. An example of this is
when members and office bearers of a registered trade union agree that they would not work at an industrial business
that pays them poor salaries for lengthy hours of work.
6. Right in the inspection of the books of trade union
Section 19 of the Industrial Relations Code, 2020 provides for the right of office bearers and trade union members to
see the book of accounts and the list of members at any time provided in the regulations.
 7. Right of a minor to the membership of the trade union
Section 20 of the Industrial Relations Code, 2020 grants a minor over the age of 14 who is employed in a non-
hazardous industry the right to become a member of a registered trade union under the rules of the trade union.
CONCLUSION
The presence of a Trade Union during the formation of an industry aids in the establishment of a better relationship
between workers and employers. The Trade Union serves as a link between workers and employers. As a result, the
Trade Union must register under the Trade Unions Act of 1929, and after 2019, it will register under the Industrial
Code of 2020. Registration of the Trade Union is required to ensure that the Trade Union has been duly approved and
is then recognized by the establishment or industry.

Standing Orders
Application of Chapter IV of Standing Orders (IRC):
According to Section 28(1) of the Industrial Relations Code, 2020 the provisions of Chapter IV of the Code shall
apply to every industrial establishment wherein three hundred or more than three hundred workers, are employed, or
were employed on any day of the preceding twelve months.
According to Section 28(2) of the Industrial Relations Code, 2020 notwithstanding anything contained in sub-section
(1), the provisions of this Chapter shall not apply to an industrial establishment in so far as the workers employed
therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and
Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians
in Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other
rules or regulations that may be notified in this behalf by the appropriate Government, apply.
In Balakrishna Pillai v. Anant Engg. Works (P) Ltd,(1975) II LLJ 391 case, the Division Bench of the Bombay
High Courtheld that once the Act becomes applicable to an industrial establishment, it does not cease to apply on
account of a fall in the number of workmen in the establishment, below one hundred. Note previously as per Act,
applicable at that time, limit was 100 or more than 100.
Making of Model Standing Orders by Central Government and Temporary Application:
Model Standing Orders:
According to Section 29(1) of the Industrial Relations Code, 2020 the Central Government shall make model standing
orders relating to conditions of service and other matters incidental thereto or connected therewith.
Commencement and Termination of Applicability of Model Standing Orders:
According to Section 29(2) of the Industrial Relations Code, 2020 notwithstanding anything contained in sections 30
to 36, for the period commencing on the date on which this section becomes applicable to an industrial establishment
and ending with the date on which the standing orders as finally certified under this Code come into operation under
section 33 in that establishment, the model standing order referred to in sub-section (1) shall be deemed to be adopted
in that establishment and the provisions of sub-section (2) of section 33 and section 35 shall apply to such model
standing orders as they apply to the standing orders so certified.
Preparation of Draft Standing Orders by Employer and Procedure for Certification:
Preparation of Draft Standing Orders:
According to Section 30(1) of the Industrial Relations Code, 2020 the employer shall prepare draft standing orders,
within a period of six months from the date of commencement of this Code, based on the model standing orders
referred to in section 29 in respect of the matters specified in the First Schedule and on any other matter considered
necessary by him for incorporation of necessary provisions in such standing orders for his industrial establishment or
undertaking, considering the nature of activity in his industrial establishment or undertaking, provided such provision
is not inconsistent with any of the provision of this Code and covers every matters set out in the First Schedule.
Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer
shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in this
industrial establishment. Provision shall be made in such draft for every matter set out in the Schedule which may be
applicable to the industrial establishment, and where Model standing orders have been prescribed shall be, so far as is
practicable, in conformity with such model. The provisions should not be inconsistent with the Code and Model
Standing Orders.
Discussion with Employee’s Forum and Forwarding for Certification:
According to Section 30(2) of the Industrial Relations Code, 2020 the employer shall consult the Trade Unions or
recognised negotiating union or members of the negotiating council relating to the industrial establishment or
undertaking, as the case may be, in respect of the draft of the standing order and thereafter forward the draft of the
standing order electronically or otherwise to the certifying officer for certification.
The draft Standing Orders shall be accompanied by a statement giving prescribed particulars of the workmen
employed, i.e., the total number, the various designations of the workmen, the total number employed in each
designation, including the name of the trade union to which they belong. In case if any employer is having two
industrial establishments of similar nature, it can submit a joint draft standing order.
In Hindustan Lever v. Workmen, AIR 1974 SC 17 case, where the SO made provision for transfer of an employee
from one department to another of the same establishment at the discretion of the Manager provided the terms and
conditions of service are not affected. There was no finding that the transfer order was malafide or vitiated by unfair
labour practice. It was held that if the order of transfer is primacies valid the burden of proving that it is invalid lie on
the workmen and in the absence of any finding that the transfer order was malafide or vitiated by unfair labour
practice the award directing the reposting of the workman in his original department was bad.
If Employer Adopts Model Standing Order as it is:
According to Section 30(3) of the Industrial Relations Code, 2020 where an employer adopts a model standing order
of the Central Government referred to in section 29 with respect to matters relevant to his industrial establishment or
undertaking, then, such model standing order shall be deemed to have been certified under the provisions of this
section and employer shall forward the information in this regard to the concerned certifying officer in such manner as
may be prescribed:
Provided that if the certifying officer has any observation, he may direct such employer to amend the standing order so
adopted within such period as may be prescribed.
The Code empowers the certifying officer or the appellate authority to enquire into the impracticability to follow the
model standing order and authorises them to adjudicate upon the fairness or reasonableness of the Draft Standing
Order. All these enquiries by authorities should be in an integrated manner and thus construed there will be no conflict
between the two sections. Where the SO made no provision regarding age of retirement, an application by the
employer for addition of a standing order providing age and ground of retirement could not be ordered as it could not
be considered to be in conformity with the model standing orders.
Time Limit for Submitting Modifications in Draft Standing Orders:
According to Section 30(4) of the Industrial Relations Code, 2020 the employer shall prepare the draft of the
modifications required in the standing order, if any, in accordance with the provisions of this Code and forward
electronically or otherwise to the certifying officer for certification of those modifications only within a period of six
months from the date, the provisions of this Chapter becomes applicable to his industrial establishment.
The appellate authority or the Certifying Officer shall see whether the standing order satisfy the conditions necessary
for certification. They can make necessary additions or modifications in Draft Standing Orders submitted to them for
certification so as to make the draft certifiable under the act.
Role of Certifying Officer:
According to Section 30(5) of the Industrial Relations Code, 2020 on receipt of the drafts referred to in sub-section (1)
and sub-section (4), the certifying officer shall issue notice to—
(i) the Trade Union or negotiating union of the industrial establishment or undertaking, or members of the negotiating
council; or
(ii) where there is no Trade Union operating, to such representatives of the workers of the industrial establishment or
undertaking chosen in such manner as may be prescribed, for seeking their comments in the matter and after receipt of
their comments give an opportunity of being heard to the negotiating union or negotiating council, or as the case may
be, to the Trade Unions or the representatives of the workers and decide as to whether or not any modification or
addition to such draft standing order is necessary to render the draft standing order certifiable, and shall make an order
in writing in this regard:
Provided that the certifying officer shall complete such procedure for certification referred to in sub-sections (4) and
(5) in respect of—
(a) the draft standing order so received within a period of sixty days from the date of the receipt of it; and
(b) the draft modifications in the standing order so received within a period of sixty days from the date of the receipt
of such modifications, failing which such draft standing orders or, as the case may be, the modifications in the
standing order shall be deemed to have been certified on the expiry of the said period.
On receipt of the draft SO, the certifying officer shall send a copy of the same to the workmen concerned (if there is
no union) of the establishment or to trade union (if there is one such), with a notice inviting objections, if any, within
15 days of the receipt of the same. After giving both parties reasonable opportunity of being heard, the Certifying
Officer shall decide whether or not any modification in the Draft is necessary and make an order in writing
accordingly. In doing so, the Certifying Officer can adjudicate upon the fairness and reasonableness of the provisions
made in the draft. The Certifying Officer shall then certify the Standing Orders with or without modifications.
Criteria for Certification of Standing Orders:
According to Section 30(6) of the Industrial Relations Code, 2020 the standing orders shall be certifiable under this
Code, if—
(a) provision is made therein for every matter set out in the First Schedule which is applicable to the industrial
establishment; and
(b) such orders are otherwise in conformity with the provisions of this Code.
According to Section 30(7) of the Industrial Relations Code, 2020 it shall be the function of the certifying officer or
the appellate authority referred to in section 32 to adjudicate upon the fairness or reasonableness of the provisions of
any standing orders keeping in view the provisions of the model standing orders referred to in section 29.
The Certifying Officer is required to ensure that provision is made in the Standing Orders for every matter set out in
the Schedule applicable to the industrial establishment and the Standing Orders are in conformity with the provisions
of the Act. For this purpose, the Certifying Officer shall adjudicate upon the fairness or reasonableness of the Standing
Orders.
Certification of Standing Orders:
According to Section 30(8) of the Industrial Relations Code, 2020 the certifying officer shall certify the draft standing
orders or the modifications in the standing orders referred to in sub-section (5), and shall within seven days thereafter
send copies of the certified standing orders or the modifications in the standing orders, authenticated in such manner
as may be prescribed, to the employer and to the negotiating union or negotiating council or the Trade Union or other
representatives of the workers referred to in clause (ii) of sub-section (5).
According to Section 30(9) of the Industrial Relations Code, 2020 the draft standing orders under sub-section (1) or
draft of the modifications proposed in the standing orders under sub-section (5) shall be accompanied by a statement
giving such particulars, as may be prescribed, of the workers employed in the industrial establishment, the Trade
Union to which they belong, and the negotiating union or negotiating council, if any.
According to Section 30(10) of the Industrial Relations Code, 2020 subject to such conditions as may be prescribed, a
group of employers in similar establishments may submit a joint draft of standing orders under this section and for the
purposes of proceedings specified in sub-sections (1), (5), (6), (8) and (9), the expressions “employer”, “Trade Union”
and “negotiating union or negotiating council” shall respectively include all the employers, Trade Unions and
negotiating unions or negotiating council of such similar establishments, as the case may be.
According to Section 30(11) of the Industrial Relations Code, 2020 without prejudice to the foregoing provisions of
this section, the standing orders relating to an industrial establishment or undertaking existing on the date of
commencement of the relevant provisions of this Code, shall, in so far as is not inconsistent with the provisions of this
Code or rules made thereunder, continue and be deemed to be the standing orders certified under sub-section (8) and
accordingly the provisions of this Chapter shall apply thereon.
The certifying officer shall certify the SO and send, authenticated copies together with the orders referred to above, to
the parties within 7 days from the date of his orders.
Certifying Officer and Appellate Authority to Have Powers of Civil Court:
According to Section 31(1) of the Industrial Relations Code, 2020 every certifying officer and the appellate authority
referred to in section 32 shall have all the powers of a civil court for the purposes of receiving evidence, administering
oath, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be
deemed to be a civil court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973.
According to Section 31(2) of the Industrial Relations Code, 2020 clerical or arithmetical mistakes in any order passed
by a certifying officer, or errors arising therein from any accidental slip or omission may, at any time, be corrected by
that officer or successor in office of such officer.
Certifying Officers and appellate authorities have been vested with powers of Civil Courts for the purpose of receiving
evidence, administering oath, enforcing the attendance of witnesses and compelling the discovery and production of
documents and are deemed to be civil courts within the meaning of Sections 345 and 346 of the Code of Criminal
Procedure, 1973 (2) of 1974.
Appeals:
According to Section 32 of the Industrial Relations Code, 2020 an employer or Trade Union or the negotiating union
or negotiating council, or where there is no negotiating union or negotiating council in an industrial establishment or
undertaking, any union or such representative body of the workers of the industrial establishment or undertaking, if
not satisfied with the order of the certifying officer given under sub-section (5) of section 30, may file an appeal
within sixty days of receipt of the order of the certifying officer to the appellate authority appointed by the appropriate
Government, by notification, and such authority shall dispose of the appeal in such manner as may be prescribed.
Any employer, trade union or other nominated representatives, aggrieved by the order of the certifying officer, may
appeal to the Appellate Authority. Such appeals are required to be filed within sixty days of the service of the Standing
Orders.
o Appellate Authority: Appellate Authority appointed by the government, by the notification in the Official
Gazette, to exercise power as notified in the Act.
o Power of the Appellate Authority: An Appellate Authority can either confirm the certified order or amend it,
by making necessary modification thereof or addition thereto, as it think necessary. He has, however, no
power to set aside the orders of certifying officer.
o Finality of the Decision of Appellate Authority: The decision of the Appellate Authority shall be final which
means that there is no further appeal or revision against that order.
o Duties of the Appellate Authority: The Code has made it obligatory on part of the Appellate Authority to
send copies of the orders passed by it, to the certifying officer, trade union, employer or other prescribed
representative of the workmen within seven days of the date of the order, unless it has been confirmed without
amendment as S.O. certified by the certifying officer.
Date of Operation of Standing Orders and its Availability:
Operation of Standing Orders:
According to Section 33(1) of the Industrial Relations Code, 2020 the standing orders or modified standing orders, as
the case may be, shall, unless an appeal is preferred under section 32, come into operation on the expiry of thirty days
from the date on which authenticated copies thereof are sent under sub-section (8) of section 30, or where an appeal as
aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority
are sent in such manner as may be prescribed.
The Certified Standing Orders become enforceable on the expiry of 30 days from the date on which the authenticated
copies of the same are sent to the parties provided no appeal has been preferred against them.
Publication of Standing Orders in Preferred Language:
According to Section 33(2) of the Industrial Relations Code, 2020 the text of a standing order as finally certified under
this Code shall be maintained by the employer in such language and in such manner for the information of the
concerned workers as may be prescribed.
It is a statutory obligation on the part of employer to paste the text of certified S.O. in English and the
language which is known to the majority of workers on special boards meant for the purpose at or
near entrance through which majority of workers enter the industrial establishment and all
departments where the workers are employed.
Register of Standing Orders:
According to Section 34 of the Industrial Relations Code, 2020 a copy of all standing orders as finally certified under
this Code shall be filed by the certifying officer in a register maintained for the purpose or uploaded in electronic form
or such other form as may be prescribed, and the certifying officer shall furnish a copy thereof to any person applying
therefor on payment of such fee as may be prescribed.
Duration and Modification of Standing Orders:
According to Section 35(1) of the Industrial Relations Code, 2020 the standing orders certified under sub-section (8)
of section 30 shall not, except on an agreement between the employer and the workers, or a negotiating union or a
Trade Union or other representative body of the workers, be liable to modification until the expiry of six months from
the date on which the standing orders or the last modifications thereof came into operation.
According to Section 35(2) of the Industrial Relations Code, 2020 subject to the provisions of sub-section (1), an
employer or worker or a Trade Union or other representative body of the workers may apply to the certifying officer to
have the standing orders modified in such application as may be prescribed, which shall be accompanied by such
copies of the modifications proposed to be made, and where the modifications are proposed to be made by agreement
between the employer and the workers or a Trade Union or other representative body of the workers, a certified copy
of that agreement shall be filed alongwith the application.
According to Section 35(3) of the Industrial Relations Code, 2020 the foregoing provisions of this Code shall apply in
respect of an application under sub-section (2) as they apply to the certification of the first time standing orders.
Under the Code the provision exists for modification of the Certified Standing Orders. The Standing Orders can be
modified even before expiry of the prescribed time limit provided both the management and its workmen agree for it.
An employer or workmen or trade union or other representative body of workmen desiring the change can apply for
modification of standing orders to the Certifying Officer. The procedure for submission of application for modification
is the same as for initial certification under the Code. When it is proposed to make modifications by agreement
between the employer and workmen, a certified copy of that agreement has also to be filed along with application for
modification.
The Code provides that standing orders finally certified cannot be modified unless there is prior agreement between
employer and the workmen or the trade union or any representative body of the workmen before expiry of the sixth
month from the date on which, the last modification was made. The objective of laying down the time frame was that
the standing orders or their modifications should be given a fair deal. However in many leading cases, the time limit
has been relaxed. A few circumstances under which it can be brought about are:
(i) where the applicants feel that a modification will be more beneficial,
(ii) where some inconvenience hardship etc., is experienced with the adoption of the last standing order,
(iii) where some facts were left at the time of certification
(iv) where circumstances have changed since the implementation of standing order.
Oral Evidence in Contradiction of Standing Orders not Admissible:
According to Section 36 of the Industrial Relations Code, 2020 no oral evidence having the effect of adding to or
otherwise varying or contradicting standing order as finally certified under this Chapter shall be admitted in any Court.
Interpretation, etc., of Standing Orders:
According to Section 37 of the Industrial Relations Code, 2020 if any question arises as to the application, or
interpretation, of the standing orders certified under sub-section (8) of section 30 or the modification made therein by
an agreement entered into under sub-section (5) of that section, the employer or any worker or workers concerned or
the Trade Union in relation to the workers employed in the industrial establishment or undertaking, wherein the
question has arisen, may apply to the Tribunal, within the local limits of whose territorial jurisdiction such
establishment or the office, section or branch of the undertaking is situated, to decide the question and such Tribunal
shall, after giving all the parties concerned a reasonable opportunity of being heard, decide the question and its
decision shall be final and binding on the concerned employer and the workers.
The Code provides that if any dispute arises regarding application or interpretation of the certified Standing Orders,
such matter shall be referred to a Tribunal by the employer or workmen or a trade union. The Tribunal constituted
under the Code, “after giving the parties an opportunity of being heard” decides the matter and such decision shall be
final and binding on all parties concerned. However, the expression “after giving the parties an opportunity of being
heard” has been differently interpreted.
Time-Limit for Completing Disciplinary Proceedings and Liability to Pay Subsistence Allowance:
According to Section 38(1) of the Industrial Relations Code, 2020 where any worker is suspended by the employer
pending investigation or inquiry into complaints or charges of misconduct against him, such investigation or inquiry,
or where there is an investigation followed by an inquiry, both the investigation and inquiry shall be completed
ordinarily within a period of ninety days from the date of suspension.
According to Section 38(2) of the Industrial Relations Code, 2020 the standing orders certified under sub-section (8)
of section 30 or modified under section 35 shall provide that where a worker is suspended as referred to in sub-section
(1), the employer in relation to an industrial establishment or undertaking shall pay to such worker employed in such
industrial establishment or undertaking subsistence allowance at the rates specified in sub-section (3) for the period
during which such worker is placed under suspension pending investigation or inquiry into complaints or charges of
misconduct against such worker.
According to Section 38(3) of the Industrial Relations Code, 2020 the amount of subsistence allowance payable under
sub-section (2) shall be — (a) at the rate of fifty per cent. of the wages which the worker was entitled to immediately
preceding the date of such suspension, for the first ninety days of suspension; and (b) at the rate of seventy-five per
cent of such wages for the remaining period of suspension, if the delay in the completion of disciplinary proceedings
against such worker is not directly attributable to the conduct of such worker.
Power to Exempt:
According to Section 39 of the Industrial Relations Code, 2020 the appropriate Government may, by notification,
exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or
any of the provisions of this Chapter.
Offences and Penalties:
According to Section 86(10) of the Industrial Relations Code, an employer who fails to submit draft standing orders as
required by section 30, or who modifies his standing orders otherwise than in accordance with section 35, shall be
punishable with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees and
in the case of a continuing offence with an additional fine of two thousand rupees per day till the offence continues.
According to Section 86(11) of the Industrial Relations Code, an employer who does any act in contravention of the
standing orders finally certified under this Code shall be punishable with fine which shall not be less than one lakh
rupees, but which may extend to two lakh rupees.
Power of Appropriate Government:
The appropriate government may, after previous publication, by notification in the Official Gazette, make rules to
carry out the purposes of this Code. Such rules may:
o Prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying
S.O. certified under this Act, in accordance with any such addition;
o Set out model S.O. for the purpose of this Act;
o Prescribe the procedure of certifying officers and appellate authorities;

o Prescribe the fee which may be charged for copies of S.O. entered in the register of S.O.;

o Provide for any other matter which is to be or may be prescribed.