The document summarizes key provisions of the Trade Union Act related to the registration of trade unions in India. It discusses:
1) The appointment of registrars by the appropriate government to register trade unions and the process for applying for registration which requires a minimum of 7 members and submission of union rules.
2) The registrar's power to request further information or changes to the union name and the requirement to issue a certificate of registration if all criteria are met.
3) Cancellation of registration if criteria are no longer met or the union requests it and the right to appeal negative decisions by the registrar.
The document summarizes key provisions of the Trade Union Act related to the registration of trade unions in India. It discusses:
1) The appointment of registrars by the appropriate government to register trade unions and the process for applying for registration which requires a minimum of 7 members and submission of union rules.
2) The registrar's power to request further information or changes to the union name and the requirement to issue a certificate of registration if all criteria are met.
3) Cancellation of registration if criteria are no longer met or the union requests it and the right to appeal negative decisions by the registrar.
The document summarizes key provisions of the Trade Union Act related to the registration of trade unions in India. It discusses:
1) The appointment of registrars by the appropriate government to register trade unions and the process for applying for registration which requires a minimum of 7 members and submission of union rules.
2) The registrar's power to request further information or changes to the union name and the requirement to issue a certificate of registration if all criteria are met.
3) Cancellation of registration if criteria are no longer met or the union requests it and the right to appeal negative decisions by the registrar.
The document summarizes key provisions of the Trade Union Act related to the registration of trade unions in India. It discusses:
1) The appointment of registrars by the appropriate government to register trade unions and the process for applying for registration which requires a minimum of 7 members and submission of union rules.
2) The registrar's power to request further information or changes to the union name and the requirement to issue a certificate of registration if all criteria are met.
3) Cancellation of registration if criteria are no longer met or the union requests it and the right to appeal negative decisions by the registrar.
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REGISTRATION OF TRADE UNION
1. Appointment of Registrars(section-3) - Appropriate government appoint a person as Registrar of trade unions for each state. - Appropriate Government may also appoint Deputy or Additional Registrar - The appropriate government may specify and define the local limits within which any such additional or deputy Registrar shall exercise and discharge the power and functions so specified. 2. Mode of Registration(section-4) Section 4(1) of the act, talks about the registration of trade unions. Which says that for the purpose of registration of the trade union, there should be a minimum of seven members. The reason behind the fixation of a minimum of seven members is to encourage the formation of more and more trade unions.
In order to summarize, section talks about the two conditions required
to fulfil the registration of a Trade union. • These conditions are: Requirement of seven or more members as signatories. Provided that there are 100 or 10% whichever is less are employed in the industry.
The sec 4(2) of the act mentions that any application made under section (1) regarding the registration of a Trade union cannot be termed as invalid merely on the reason that some of the applicants not exceeding half of the total number of persons have: • Either ceased to be the members of Trade union before the registration of the Trade union; or • Has given a written notice in writing to the Registrar mentioning about their dissociation. 3. Application for Registration(Section 5) According to the Section-5, application shall be made to the registrar for the registration of trade union and it should be followed with the copy of rules of the Trade Union and following particulars: The name, occupation and address of the members who all are making the application; The name of the Trade Union and the address of its head office; and The titles, names, ages, addresses and occupations of the office- bearers of the Trade Union. If a trade union already exists for more than a year, then a copy of the assets and liabilities of the Trade Union should be submitted along with the application for registration. 4. Provisions to be contained in the rules of a Trade Union As per section-6 of the act, a Trade union shall not be entitled to register under the act, if the provisions and rules mentioned under the act are not duly complied. The rules are as following: 1. The name of the trade union 2. The object for which the trade union has been established; 3. The whole of the purposes for which the general funds of the trade union shall be applicable; 4. The maintenance of a list of the members of the trade union; 5. The admission of ordinary members (person engaged or employed in the industry) with which the trade union is connected; 6. The conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members; 7. The manner in which the rules shall be amended, varied or rescinded; 8. The manner in which the members of the executive and the other office bearers of the Trade Union shall be elected and removed; 9. The manner in which the trade union may be dissolved[4]. 5. Power to Call for further particulars and to require alteration of name(section 7) As per section 7, the registrar may call members of the application to acquire further information to check whether the application is complete as per the provision of section 5, or the Trade Union is enable for registration under section 6, and if all such information is incomplete, registrar may refuse to register the Trade Union.
The registrar has the power to call the person applying for registration to alter the name of the Trade Union, if the name of the Trade Union proposed by the person applying for registration is identical to the name of existing registered Trade Union or if registrar finds it bit similar, which tends to fool the public or the members of either Trade Union. If such alteration doesn't take place, registrar shall refuse to register the Union. 6. Registration(section-8) Section 8 of the act mentions that if the Registrar is satisfied that the Trade Union has complied with all the requirements of the act in regard to the registration, then he shall register the Trade union.
Case Law: North Central Railway Employees Sangh and Others (2017) In this case, the court held that in order to check whether the registration is given rightly or not, the same can be examined only by the competent statutory authority established under the Trade Unions Act. The other authorities like the police have no role in this.
Inland Seam Navigation Workers' Union (1968)[5]
Facts: An application was made by the workers' union to the registrar for registration. But the application was declared unlawful by the registrar by stating the reason that the objects mentioned are for all practical purposes.
Held: The court said that the duties of the registrar include examining the application, looking at the objects for which the union is formed. If the objects for registration falls as per the act and all the requirements and regulations made are complied as per the act, then it is the duty of the registrar to register the union.
ONGC Workmen's Association (1988)[6]
In this case the court made it clear that the registrar is not deemed to be a quasi-judicial authority. He is not entitled to decide any disputed question of fact or law. The Registrar has no authority to ask parties to lead evidence or to cross-examine any witness.
Therefore, it can be said that under section-8, the authority given to
the registrar is limited in nature. 7. Certificate Of Registration(section-9) As per section 9, the registrar shall issue a certificate of registration, after registering a Trade Union under section 8. The Trade Union can 6produce the certificate as evidence, that it has been rightly registered under this Act. 8. Cancellation of Registration As per section 10 of the act, the registration of the trade union can be cancelled if the certificate of registration is withdrawn or cancelled by the registrar: 1. On the application of the Trade union. 2. If the registrar is satisfied that the certificate of registration is obtained by mistake or fraud OR The Trade union has ceased to exist. OR The Trade union has wilfully contravened the provisions of the act even after the notice from the registrar.
3. A registered trade union of workers loses the necessary number
of members.
Before the certificate may be withdrawn or revoked, the registrar shall
provide to the trade union a minimum of two-month advance written notice setting forth the reasons for the cancellation.
Section 11(APPEAL) Section 11 of the Trade Union Act talks about appeals. It states that anyone who has been harmed by a registrar’s decision can seek an appeal. It is important to remember that an appeal can only be available against a registrar’s negative ruling, such as a rejection of registration, withdrawal, or cancellation of registration. No appeal may be made against the registrar’s affirmative order. For example, if the registrar gives the certificate of registration and any other trade union is aggrieved by such order then, that trade union cannot file an appeal against such order. Section 11 also talks about where the appeals lie. It says that: If the headquarter of the trade union is within the presidency town’s jurisdiction, an appeal lies within the High Court. If the trade union’s headquarters are within the jurisdiction of a labour court or labour tribunal, the appeal lies to that court or tribunal. If the headquarter of the trade union is within the jurisdiction of the principal civil court, an appeal will lie to such civil court.
