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CS Executive · Setting Up of Business, Industrial and Labour Laws · Evaluation of Labour Legislation and need of Labour Code

Meera, a worker at Ganga Foods Ltd, Kanpur, joins an unregistered workers' association. The association then commits an act listed in the Second Schedule against a co-worker. The association's president argues that it cannot be held to Section 84 because it is unregistered. What is the correct position?

The argument fails. Section 84 of the Industrial Relations Code, 2020 bars a trade union from committing a listed unfair labour practice whether or not it is registered under the Code, so the association's unregistered status gives it no protection.

  1. AThe argument succeeds because Section 84 applies only to registered unions
  2. BThe argument succeeds if the association has fewer than 100 members
  3. CThe argument fails because Section 84 applies to a Trade Union whether registered or notCorrect
  4. DThe argument fails only if the employer registers the association

Explanation

Section 84 covers a Trade Union 'whether registered under this Code, or not'. Registration is therefore irrelevant to the prohibition. The membership-size and employer-registration conditions are not found in the section.

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