Sections 10 and 11 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 10 of the Industrial Relations Code, 2020 gives a right of appeal to the Tribunal against a Registrar's refusal to register a Trade Union or cancellation of its certificate. Section 11 fixes where the Registrar's communications go and what a registered union must report back: a fall in membership and any change in its particulars, constitution or rules.
Anyone aggrieved by refusal of registration under s.9, or by cancellation under s.9(5), may appeal to the Tribunal within the prescribed period, and the Tribunal may admit a late appeal for sufficient reason or unavoidable circumstances (s.10). The Tribunal may dismiss the appeal, direct registration and issue of the certificate, or set aside the cancellation. Under s.11, notices go to the head office address in the register, and the union must tell the Registrar if membership falls below ten per cent. or 100 workers and of any change in its particulars, constitution or rules.
Section 10: appeal to the Tribunal
Who can appeal and against what (s.10(1))
"Any person aggrieved" may prefer an appeal to the Tribunal against:
- refusal of the Registrar to grant registration to a Trade Union under s.9; or
- cancellation of a certificate of registration under s.9(5).
The wording is "any person aggrieved", not only the union. A person with a legitimate interest in the outcome, such as an applicant office-bearer, can be within it. The Code does not define "aggrieved" further.
The appeal lies to "the Tribunal", which under s.2(zn) is an Industrial Tribunal constituted under s.44. See our note on Tribunals.
The time limit and late appeals
The appeal must be preferred "within such period as may be prescribed". The text we work from does not state the period, and it sits in rules that, for a State-sphere union, are the State's. Check the applicable rules for the number of days.
Proviso: delay. The Tribunal may entertain an appeal after the prescribed limitation if the appellant satisfies it that the delay was caused due to sufficient reason or unavoidable circumstances. It is discretionary: file with a written explanation and supporting documents rather than assuming the Tribunal will condone.
Our legal dispute resolution team can help you frame the appeal and the delay explanation.
What the Tribunal can do (s.10(2))
After giving the parties concerned an opportunity of being heard, the Tribunal may:
| Outcome | Effect |
|---|---|
| Dismiss the appeal | Registrar's order stands |
| Direct the Registrar to register the union and issue a certificate | Registration follows |
| Set aside the order of cancellation | The certificate is restored |
A copy of the order is forwarded to the Registrar. Note that a cancellation under s.9(6) follows a Tribunal's own cancellation order, so it is not the subject of this appeal.
Practical checklist for an appeal
- Obtain the Registrar's order and the reasons. For cancellation, the Registrar must have recorded reasons and communicated them in writing (s.9(7)).
- Note the date of receipt and count the prescribed period from the rules that apply.
- Prepare grounds that answer the stated reasons: for refusal under s.8 issues, the missing document or name; for cancellation on membership, membership proof.
- If late, add a condonation explanation under the proviso.
- Ask for a hearing and produce the certificate, rules and membership records.
See section 9 on registration and cancellation for the grounds and the sixty-day notice.
Section 11: communications and change in particulars
| Sub-section | Duty or rule |
|---|---|
| 11(1) | All communications and notices to a registered Trade Union are sent, in the prescribed manner, to the address of the head office of the union as entered in the register maintained by the Registrar |
| 11(2) | The union must inform the Registrar if its members fall below ten per cent. of total workers or one hundred workers, whichever is less |
| 11(3) | The union must inform the Registrar of any change in the particulars given in its application, and in its constitution or rules, in the prescribed manner |
Why the address matters
Because notices go to the head office address as entered in the register, a union that moves without updating the register may not receive a sixty-day cancellation notice. A notice sent to the registered address is treated as properly addressed. The text does not say when a notice is deemed received; it says only where it is sent. Update the address in the register promptly.
Reporting a fall in membership
Section 11(2) puts the duty on the union itself. It mirrors the cancellation ground in s.9(5)(iii) and the continuing-membership rule in s.6(4). See sections 5 and 6. Reporting is not a confession of default: a union that reports and restores membership is better placed than one found out later.
Reporting other changes
Changes in the application particulars (name of office-bearers, address, officers) and in the constitution or rules must be reported in the prescribed manner. Section 26(2) separately requires a copy of every alteration to the rules within fifteen days. See annual returns.
Example. A union's registration is cancelled for contravention after a sixty-day notice that was posted to an old head-office address the union had not updated. The union learns of the cancellation only later. It should appeal to the Tribunal under s.10 with an explanation for delay and proof of the address history; the failure to update the register under s.11(3) will be raised against it.
Need help with an appeal or a compliance update?
A Registrar's order has a short window for appeal and the window is set by rules you must check. Our legal dispute resolution team can help you prepare the appeal memorandum, the condonation explanation and the hearing file. Bring the Registrar's order and the registration papers.
Key takeaways
- Appeals lie to the Tribunal against refusal of registration and s.9(5) cancellation.
- The period is prescribed; the Tribunal can admit a late appeal for sufficient reason or unavoidable circumstances.
- The Tribunal can dismiss, direct registration or set aside the cancellation.
- Notices go to the head office address in the register; keep it current.
- Report a fall in membership and any change in particulars, constitution or rules.
Read next
- Section 9: registration and cancellation
- Sections 12 and 13: incorporation and Acts not applicable
- Section 14: negotiating union and negotiating council
- Industrial disputes under the new labour codes
Disclaimer: Based on the Industrial Relations Code, 2020 (as enacted) and, where noted, the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026), as on 30 September 2026. The Code is in force from 21 November 2025; some provisions may be notified later, and State Governments make their own rules for establishments where the State is the appropriate Government. Verify the current position before acting.