Home  /  Industrial Relations Code, 2020  /  Section 25

Section 25: Change of name 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 24 All 104 Sections of Industrial Relations Code, 2020 Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 of the Industrial Relations Code, 2020 prescribes the substantive requirement for changing the registered name of a Trade Union, mandating the democratic consent of not less than two-thirds of the total membership as an indispensable statutory condition precedent.

  • Super-Majority Member Consent Threshold: Section 25 mandates that any registered Trade Union may, with the consent of not less than two-thirds of the total number of its members and subject to the provisions of Section 27, change its name.
  • Democratic Ratification via General Body or Ballot: The requisite two-thirds consent must be obtained through a verifiable democratic procedure specified in the union's registered constitution, such as an Extraordinary General Meeting (EGM) or secret ballot of all registered members.
  • Conditional Validity Dependent on Section 27 Notice: The resolution changing the name remains legally inchoate and unenforceable until statutory joint notice is formally submitted to and registered by the Registrar under Section 27.
Key Landmark Precedents:
  • National Organisation of Bank Workers v. Union of India (1993) 2 LLJ 627 (Bom): The Bombay High Court held that fundamental structural alterations in a trade union's corporate identity require strict adherence to statutory voting majorities, protecting members against unilateral executive maneuvers.
  • In re Inland Steam Navigation Workers' Union AIR 1936 Cal 57: The Calcutta High Court affirmed that the Registrar must independently verify that the statutory two-thirds member consent was genuinely obtained before altering the official register of Trade Unions.
  • Bokaro Steel Workers Union v. State of Bihar 1995 Supp (1) SCC 20: The Supreme Court underscored that internal democratic majorities cannot be bypassed by union executives when altering the fundamental constitutional identity or name of the organization.
Courtroom Practice & Strategic Litigation Guidance:

Trade Unions proposing a name change must issue an EGM notice to all members at least 21 days in advance, specifying the proposed new name in the agenda. Ensure the minutes record the total membership on rolls, the number of members present, and that the affirmative vote crosses the two-thirds threshold of the entire membership (not merely two-thirds of those present and voting). Retain signed attendance registers and ballot sheets for submission to the Registrar.

Section 24 All 104 Sections of Industrial Relations Code, 2020 Section 26