Recognition of negotiating union or negotiating council
Section 14 of the Industrial Relations Code, 2020 deals with recognition of negotiating union or negotiating council. There shall be a negotiating union or a negotiating council, as the case may be, in an industrial establishment having registered Trade Union for negotiating with the employer of the industrial establishment, on such matters as may be prescribed. The Act was enacted on 28 Sep 2020.
(1) There shall be a negotiating union or a negotiating council, as the case may be, in an industrial establishment having registered Trade Union for negotiating with the employer of the industrial establishment, on such matters as may be prescribed.
(2) Where only one Trade Union of workers registered under the provisions of this Chapter is functioning in an industrial establishment, then, the employer of such industrial establishment shall, subject to such criteria as may be prescribed, recognise such Trade Union as sole negotiating union of the workers.
(3) If more than one Trade Union of workers registered under this Code are functioning in an industrial establishment, then, the Trade Union having fifty-one per cent. or more workers on the muster roll of that industrial establishment, verified in such manner as may be prescribed, supporting that Trade Union shall be recognised by the employer of the industrial establishment, as the sole negotiating union of the workers.
(4) If more than one Trade Union of workers registered under this Code are functioning in an industrial establishment, and no such Trade Union has fifty-one per cent. or more of workers on the muster roll of that industrial establishment, verified in such manner as may be prescribed, supporting that Trade union, then, there shall be constituted by the employer of the industrial establishment, a negotiating council for negotiation on the matters referred to in sub-section (1), consisting of the representatives of such registered Trade Unions which have the support of not less than twenty per cent. of the total workers on the muster roll of that industrial establishment so verified and such representation shall be of one representative for each twenty per cent. and for the remainder after calculating the membership on each twenty per cent.
(5) Where any negotiation on the matters referred to in sub-section (1) is held between an employer and a negotiating council constituted under sub-section (4), consequent upon such negotiation, any agreement is said to be reached, if it is agreed by the majority of the representatives of the Trade Unions in such negotiating council.
(6) Any recognition made under sub-section (2) or sub-section (3) or the negotiating council constituted under sub-section (4) shall be valid for three years from the date of recognition or constitution or such further period not exceeding five years, in total, as may be mutually decided by the employer and the Trade Union, as the case may be.
(7) The facilities to be provided by industrial establishment to a negotiating union or negotiating council shall be such as may be prescribed.
Section 14, The Industrial Relations Code, 2020 (Act 35 of 2020).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shanmugam (Labour Progressive Federation) v. Government of Tamil Nadu & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2025-01-21 (order-1.pdf): Trade-union recognition dispute among TN State Transport Corporations. Court notes Section 14 of the proposed Industrial Relations Code provides a negotiating-council mechanism, but expressly records that the Code has not been brought into force; judge-made law therefore governs until Central/State legislation fills the gap.
On this section: s.14 Recognition of negotiating union/council: Court treats the statutory 51%/20% model as the well-thought-out template and mirrors it in interim directions while the Code awaits commencement.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 14
What have the courts held on Section 14 of the Industrial Relations Code?
Shanmugam (Labour Progressive Federation) v. Government of Tamil Nadu & Ors. (21 Jan 2025) is the leading judgment on this section among those set out below: s.14 Recognition of negotiating union/council: Court treats the statutory 51%/20% model as the well-thought-out template and mirrors it in interim directions while the Code awaits commencement.
How do I find court cases under Section 14 of the Industrial Relations Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Industrial Relations Code 14, section 14 Industrial Relations Code, section 14 of the Industrial Relations Code. People searching for it also type industrial relations code 2020 section 14. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shanmugam (Labour Progressive Federation) v. Government of Tamil Nadu & Ors. (21 Jan 2025).
What should I read with Section 14 of the Industrial Relations Code, and has it changed?
2 other provisions in this corpus refer back to it.
When was Section 14 of the Industrial Relations Code enacted?
Section 14 of the Industrial Relations Code, cited as Industrial Relations Code 14, was enacted on 28 Sep 2020 as Act 35 of 2020. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions3327 words
- 99. Power of appropriate Government to make rules1827 words
- 86. Penalties1320 words
- 30. Preparation of draft standing orders by employer and procedure for certification942 words
- 78. Prohibition of lay-off858 words
- 79. Conditions precedent to retrenchment of workers to which Chapter X applies706 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.