Sections 22 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 22 sends four kinds of trade union dispute to the Tribunal and closes the civil courts to them. Section 23 limits how many of a union's office-bearers may be outsiders: at most one-third or five, whichever is less, and in the unorganised sector at least half must be insiders.
Disputes between two unions, between members and their union about registration, administration, management or election of office-bearers, between refused applicants and the union, and disputes of a federation go to the Tribunal for the area of the union's registered office. No civil court other than the Tribunal may entertain them (s.22). Under the Central Rules, the application is in Form II within one year of the dispute arising. Section 23 requires office-bearers to be insiders, except not more than one-third or five, whichever is less.
Section 22: the Tribunal decides trade union disputes
Section 22(1): who can apply and about what
An application may be made for adjudication where a dispute arises between:
- (a) one Trade Union and another; or
- (b) one or more workers who are members of the Trade Union and the Trade Union, regarding registration, administration or management or election of office-bearers; or
- (c) one or more workers who are refused admission as members and the Trade Union; or
- (d) where the dispute is in respect of a Trade Union which is a federation of Trade Unions, and an office-bearer authorised in this behalf by the Trade Union.
The application is made "in such manner as may be prescribed" to the Tribunal "having jurisdiction over the area where the registered office of the Trade Union or Trade Unions is located". For a dispute between two unions, the provision points to the location of the registered offices of the unions concerned.
The text of clause (d) is compressed in the scan, so it is safest read as covering a dispute involving a federation and an office-bearer authorised by the union. Take the exact words from the gazette if a federation dispute is live.
Section 22(2): civil courts are barred
"No civil court other than the Tribunal shall have power to entertain any suit or other proceedings in relation to any dispute referred to in sub-section (1)." This is a bar on jurisdiction. A member who sues in a civil court about, for example, a disputed union election risks having the suit thrown out. The forum is the Tribunal. For how the Tribunal is set up, see sections 43 and 44; the Code also lists "Trade Union disputes" among the cases a two-member bench (one Judicial, one Administrative) must decide under s.44(7)(e).
The Central Rules: rule 9(8) and Form II
Rule 9(8) of the Industrial Relations (Central) Rules, 2026 (G.S.R. 342(E), 8 May 2026) fills in the procedure. The four situations in s.22(1) are repeated, and the aggrieved worker or the Trade Union "may make an application in Form-II to the Tribunal having jurisdiction within a period of one year from the date on which the dispute arises, electronically or by speed post or in person."
| Item | What the Central Rules say |
|---|---|
| Form | Form II |
| Time limit | One year from the date on which the dispute arises |
| Mode | Electronically, by speed post or in person |
| Who applies | The aggrieved worker or the Trade Union, as the case may be |
| Tribunal | The one with jurisdiction over the area of the union's registered office (s.22(1)) |
The Central Rules apply where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own industrial relations rules apply, so the form and time limit may differ. The limit of one year is worth diarising: a member dissatisfied with an election result should not wait.
Example (invented). A member is refused admission to a union even though he meets its rules. That is a dispute under s.22(1)(c). He applies in Form II within one year of the refusal to the Tribunal that covers the union's registered office. He does not file a civil suit, because s.22(2) bars it. Unions and workers who need help choosing the right forum can speak to our legal consultation team.
Section 23: proportion of office-bearers
Section 23(1): unorganised sector
"Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the Trade Union is connected."
- The proviso lets the appropriate Government, by special or general order, declare that s.23 does not apply to a union or class of unions named in the order.
- The Explanation defines "unorganised sector" as "any sector which the appropriate Government may, by notification, specify".
So the half-insider rule depends on a notification by the appropriate Government. If no sector has been notified, the unorganised-sector rule has nothing to attach to; check the notifications for your State or for the Centre.
Section 23(2): all other unions
"Save as otherwise provided in sub-section (1), all office-bearers of a registered Trade Union, except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the Trade Union is connected."
The Explanation says "an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union."
| Union type | Insider requirement | Outsiders allowed |
|---|---|---|
| Union in an unorganised sector (as notified) | At least one-half of office-bearers engaged or employed in the connected establishment or industry | Up to the rest, unless exempted by order |
| Any other registered union | All office-bearers, save the exception | Not more than one-third of the office-bearers or five, whichever is less |
Worked example (numbers invented). A union has 12 office-bearers and is not in a notified unorganised sector. One-third of 12 is 4; five is larger, so the lesser figure, 4, is the cap. At most four may be outsiders, and retired or retrenched employees do not count among them. A union with 21 office-bearers has a one-third figure of 7, so the cap is five, the lesser figure.
Practical steps
- Unions: before each election, list every candidate against the insider test and count outsiders against the cap.
- Members: if you think the election of office-bearers was improper, the remedy is an application to the Tribunal, not a civil suit.
- Employers: you are not the forum. Do not act against a worker because of an office in a union you think is invalid; the Tribunal decides that.
- Federations: note that clause (d) makes federation disputes part of s.22.
Disqualifications on grounds of age, conviction and Tribunal direction are in s.21; see sections 19 to 21.
Need help with a trade union dispute?
A dispute about registration, elections or admission has a short filing window in the Central Rules. Our legal consultation team can help you prepare the Form II application, collect the union's records and choose the right Tribunal.
Key takeaways
- Four kinds of trade union dispute go to the Tribunal (s.22(1)); civil courts are barred (s.22(2)).
- Central Rules: Form II, within one year from the dispute arising (rule 9(8)).
- Outside the unorganised sector, outsiders are capped at one-third of office-bearers or five, whichever is less (s.23(2)).
- In a notified unorganised sector, at least half of the office-bearers must be insiders (s.23(1)), unless exempted.
- Retired or retrenched employees are not outsiders (s.23(2) Explanation).
Read next
- Section 19-21: inspection of books, minors and disqualification of office-bearers
- Section 24-25: change of name, amalgamation and dissolution
- Section 43-44: conciliation officers and Industrial Tribunals
- 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.