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

Sunrise Textiles Ltd, Surat, has a registered trade union. A worker alleges that the union itself has committed an act listed as an unfair labour practice. Under Section 84 of the Industrial Relations Code, 2020, which statement is correct?

Section 84 prohibits employers, workers and trade unions alike from committing unfair labour practices, and it applies whether or not the trade union is registered under the Code. So an unregistered union cannot escape the prohibition by pointing to its lack of registration.

  1. AOnly an employer can commit an unfair labour practice, so the union is outside Section 84
  2. BA trade union is covered, but only if it is registered under the Code
  3. CAn employer, a worker or a trade union can commit an unfair labour practice, whether or not the union is registeredCorrect
  4. DOnly a worker or an employer is covered; a union is covered only if the Government notifies it

Explanation

Section 84 says no employer or worker or a Trade Union, whether registered under the Code or not, shall commit any unfair labour practice specified in the Second Schedule. Hence a union is covered irrespective of registration. The option limiting it to registered unions adds a condition the section expressly removes.

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