(1) Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Code with respect to registration, apply for registration of the Trade Union.
(2) No Trade Union of workers shall be registered unless at least ten per cent of the workers or one hundred workers, whichever is less, engaged or employed in the industrial establishment or industry with which it is connected are the members of such Trade Union on the date of making of application.
(3) A registered Trade Union of workers shall at all times continue to have not less than ten per cent of the workers or one hundred workers, whichever is less, subject to a minimum of seven workers engaged or employed in an industrial establishment.
Legal Commentary & Landmark Judgments: Section 6
Section 6 of the Industrial Relations Code, 2020 establishes the statutory criteria and membership thresholds for the registration of Trade Unions, requiring at least ten percent or one hundred workers as members.
Furthermore, a registered Trade Union must maintain this statutory membership threshold at all times to retain its certificate of registration.
Section 6 aims to eliminate the historic plague of 'pocket unions' and fragmented multi-unionism in Indian industry. By mandating a 10% or 100-worker minimum baseline, only substantial, representative bodies of workers can obtain statutory corporate status and immunities under the Code.