TRADE UNIONSCentral

Section 22 of The Industrial Relations Code, 2020

Adjudication of disputes of Trade Unions.

(1)Where a dispute arises between---
1. (a)one Trade Union and another; or
2. (b)one or more workers who are members of the Trade Union and the Trade Union regarding registration, administration or management or election of office-bearers of the Trade Union; or
3. (c)one or more workers who are refused admission as members and the Trade Union; or
4. (d)where a dispute is in respect of a Trade Union which is a federation of Trade Unions and office-bearer authorised in this behalf by the Trade Union, an application may be made in such manner as may be prescribed to the Tribunal having jurisdiction over the area where the registered office of the Trade Union or Trade Unions is located for adjudication of such disputes.
(2)No civil court other than the Tribunal shall have power to entertain any suit or other proceedings in relation to any dispute referred to in sub-section (1).

Summary

This section covers legal fights between two or more different unions.
It also covers fights within a union regarding elections or how the union is managed.
People who were refused entry into a union can also bring a dispute under this rule.
These specific legal fights must be taken to a Tribunal, not a regular civil court.
The application must be made to the Tribunal that has power over the area where the union's head office is.

Practical examples

1Two rival unions at a car factory are fighting over which one has the right to negotiate, so they take the case to the Tribunal for a final decision.

2An employee named David is angry that he was blocked from joining the local union for no reason, so he files a case with the Tribunal to get admitted.

FAQ

1. Can I go to a normal city civil court if my union refuses to hold fair elections?

No, the law says no civil court other than the Tribunal has the power to hear these union disputes.

2. What kind of union fights can the Tribunal decide?

They can decide fights between unions, member fights about elections or management, and cases where someone is refused membership.

3. Which Tribunal should I contact?

You must contact the Tribunal in the area where your union's registered head office is located.

4. Can a federation of unions have a dispute settled here?

Yes, disputes involving a federation and its authorized officers are covered.

Test yourself

1.Under Section 22 of The Industrial Relations Code, 2020, where must an application be made to settle a dispute about a union election?

2.According to Section 22 of The Industrial Relations Code, 2020, which of these is NOT a type of dispute that the Tribunal can handle?

3.Under Section 22 of The Industrial Relations Code, 2020, how much power do regular civil courts have over union administration disputes?

4.Under Section 22 of The Industrial Relations Code, 2020, which specific Tribunal has the authority to hear a case?

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