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Section 22: Disqualification of office-bearers of Trade Union

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter III: Trade Unions
Competent Labour Forum
Act No. 35 of 2020
Section 21 All 104 Sections of Industrial Relations Code, 2020 Section 23

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the Industrial Relations Code, 2020 establishes mandatory statutory disqualifications for holding office in a registered Trade Union, barring minors under 18, persons convicted of offences involving moral turpitude with imprisonment (unless 5 years have elapsed since release), and persons declared of unsound mind.

  • Age Disqualification for Executive Leadership: Section 22(a) provides that a person shall be disqualified for being chosen as, or for being, a member of the executive or any other office-bearer of a registered Trade Union if they have not attained the age of eighteen years.
  • Conviction for Moral Turpitude & Mandatory 5-Year Cooling Period: Section 22(b) disqualifies any person who has been convicted by a court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since their release from custody.
  • Judicially Declared Unsoundness of Mind: Section 22(c) automatically disqualifies any individual who has been adjudicated or declared to be of unsound mind by a competent court from continuing or being elected as an office-bearer.
Key Landmark Precedents:
  • B.R. Singh v. Union of India (1989) 4 SCC 710: The Supreme Court underscored that trade union leadership wields significant public and fiduciary responsibility; statutory disqualifications ensure that leadership maintains integrity, accountability, and ethical standing in collective bargaining.
  • State Bank of India v. P.O. Industrial Tribunal (1988) 2 SCC 145: The Supreme Court established that 'moral turpitude' involves conduct contrary to justice, honesty, modesty, or good morals, encompassing fraud, corruption, extortion, and serious criminal violence.
  • Mahatma Gandhi Vidyapeeth v. State of U.P. (1996) 8 SCC 431: The Supreme Court affirmed that statutory disqualifications take effect by operation of law; once a conviction involving moral turpitude and imprisonment is proven, the individual automatically forfeits elective office without requiring further inquiry.
Courtroom Practice & Strategic Litigation Guidance:

Election committees of Trade Unions must require every candidate filing nomination papers to execute a sworn affidavit declaring that they have attained 18 years, have never been convicted of an offence involving moral turpitude (or that 5 years have elapsed post-release), and are of sound mind. If a disqualified individual is elected, an aggrieved member or rival faction should immediately file an application before the Industrial Tribunal under Section 23 seeking an order declaring the election null and void.

Section 21 All 104 Sections of Industrial Relations Code, 2020 Section 23