All Employees are entitled to Membership and Voting in Recognition Elections of Trade Unions: Madras High Court
The Court, however, rejected this narrow interpretation. It pointed out that the Industrial Relations Code, 2020, which came into force on 20 November 2025, has introduced a comprehensive statutory scheme for recognition of negotiating unions and councils.
The Madras High Court has delivered a significant judgment affirming that every employee of an establishment, regardless of cadre, class, or designation, has the right to become a member of a trade union and to participate in its recognition elections. The order was passed on 8 December 2025 in W.P. No. 45122 of 2025, along with connected petitions, by Justice D. Bharatha Chakravarthy. The case arose from a challenge filed by the Tamil Nadu Nugrporul Vaniba Kazhaga Anna Thozhir Sangam, a registered union of the Tamil Nadu Civil Supplies Corporation Ltd. (TNCSC), which objected to the inclusion of certain categories of employees in the electoral rolls prepared for union recognition elections.
The petitioner contended that Class I and Class II officers, as well as seasonal workers, should not be permitted to vote because they did not fall within the traditional definition of “workmen.” The argument was that recognition elections should be confined to those who are legally classified as workmen under earlier labour law frameworks. The Court, however, rejected this narrow interpretation. It pointed out that the Industrial Relations Code, 2020, which came into force on 20 November 2025, has introduced a comprehensive statutory scheme for recognition of negotiating unions and councils. Section 14 of the Code requires employers to recognise a trade union that commands majority support of 51 percent or more of the employees as the sole negotiating union. If no union secures majority support, then representatives of unions with at least 20 percent support must form a negotiating council to carry out collective bargaining. The Court observed that this scheme is premised on inclusive participation, ensuring that the representative capacity of unions is assessed through the widest possible electorate.
Justice Chakravarthy examined Section 2(zr) of the Industrial Relations Code, which defines “worker” in broad terms to include persons engaged in manual, technical, clerical, supervisory, or similar work, subject only to specific exclusions. Importantly, the proviso to this definition makes clear that for the purposes of Chapter III, which deals with trade union recognition, all persons employed in trade or industry are to be counted. On this basis, the Court held that Class I and Class II officers, as well as seasonal employees, could not be excluded from the voters’ list merely because they were not “workmen” under older definitions. The Court emphasised that the legislative intent behind the Code is to ensure that every employee has a voice in determining which union will represent them in collective bargaining.
The judgment also referred to an earlier decision of the High Court in W.P. No. 32561 of 2022, delivered on 24 June 2025, where the participation of seasonal workers in union elections had been upheld. In that case, the Court had dismissed attempts to restrict the electorate and confirmed that seasonal employees were entitled to be included in the voters’ list. The present petitioner had participated in that election without raising objections, and the Court held that they were estopped from challenging the inclusion of seasonal workers again.
In dismissing the petition, the Court directed that the election process should proceed as notified, with all eligible employees included in the voters’ list. The ruling makes clear that trade union governance under the current labour law framework is based on inclusivity and broad participation. It reinforces the principle that every employee, whether permanent, supervisory, managerial, or seasonal, has the right to join a trade union and to take part in recognition elections. The judgment is a strong affirmation of democratic participation in industrial relations and ensures that collective bargaining structures reflect the voices of all employees in an establishment. For further insights into the evolving workplace paradigm, visit
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