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Section 5: Grievance Redressal Committee

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

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Act No. 35 of 2020
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Legal Commentary & Landmark Judgments: Section 5

Section 5 of the Industrial Relations Code, 2020 governs the appointment of the Registrar of Trade Unions and subordinate regulatory authorities by the Appropriate Government, establishing the administrative and quasi-judicial framework for the registration, oversight, and regulatory enforcement of Trade Unions.

  • Appointment Architecture & Plurality of Regulatory Officers: Empowers the Appropriate Government to appoint a person to be the Registrar of Trade Unions for each State or defined jurisdiction, and to appoint such Additional Registrars, Joint Registrars, and Deputy Registrars as it considers necessary to assist the Registrar.
  • Territorial & Sectoral Distribution of Powers: Section 5(2) enables the Appropriate Government to define the local limits and sectoral jurisdiction within which Additional, Joint, and Deputy Registrars shall exercise specified powers and perform the duties of the Registrar under Chapter III.
  • Superintendence & Quasi-Judicial Functional Autonomy: While subordinate officers function under the general superintendence and direction of the Registrar, the discharge of functions relating to registration, name verification, and inquiry into union affairs constitutes a quasi-judicial duty governed by administrative fairness and natural justice.
Key Landmark Precedents:
  • In re Inland Steam Navigation Workers' Union AIR 1936 Cal 57: The Calcutta High Court held that the Registrar of Trade Unions is a quasi-judicial authority and not a mere executive officer; when scrutinizing an application for registration, the Registrar must act strictly within the four corners of the statute without importing extraneous political considerations.
  • ONGC Field Operators Association v. Union of India 2011 SCC OnLine Del 4578: The Delhi High Court affirmed that the Registrar of Trade Unions is bound by the territorial and functional jurisdiction notified by the Government; any order passed without valid jurisdictional authorization under Section 5 is coram non judice and void ab initio.
  • North-Eastern Railway Employees Union v. Registrar of Trade Unions AIR 1975 All 252: The Allahabad High Court ruled that the Registrar has implied administrative authority to maintain statutory registers and verify the authenticity of office-bearers listed in returns, but possesses no adjudicatory power to resolve contested internal union elections.
Courtroom Practice & Strategic Litigation Guidance:

When submitting registration papers, constitutional amendments, or annual returns, verify the jurisdictional gazette notification issued under Section 5 to identify whether the competent authority is the Registrar, Additional Registrar, or Deputy Registrar for that specific revenue district or industrial zone. In inter-union or intra-union disputes, note that the Registrar cannot adjudicate title to office; any challenge to internal elections must be directed to the Industrial Tribunal under Section 23.

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