Labour Law
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Arya Anil GNYCLabour Law
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Arya Anil GNYC egistration and cancellation of
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trade union
The object of Trade Unions Act, 1926 is to
provide for registration of Trade unions and to
define law relating to registered trade unions in
certain aspects. The Indian Trade Union Act was
passed in 1926and came into force on the 1st
June, 1927.
According to section 2 (h) of the Act, "Trade
Union" means any combination, whether
temporary or permanent, formed primarily for
the purpose of regulating the relations between
workmen and employers or between workmen
and workmen, or between employers and
employers, or for imposing restrictive
conditions on the conduct of any trade or
business, and includes any federation of two or
more Trade Unions.
Appointment of Registrars
According to section 3 of the Act, the
appropriate government shall appoint a person
to be the Registrar of Trade Unions for each
state, and the appropriate government shall
also appoint as many additional registrars as it
may deem fit to carry out the purposes of the
Act.
Mode of Registration
According to section 4 of the Act, any seven or
more members of a Trade Union in accordance
with the provisions of the Act may make an
application apply for registration of the trade
union. There are two conditions subsequent to
the same, firstly no trade union of workmen
shall be registered unless at least 10% or 100 of
the workmen, whichever is less engaged in the
employment of the establishment are its
members on the date of making of its
application and secondly no trade union shall
be registered unless on the date of making of
application, minimum seven of its members
who are workmen are employed in the
establishment or industry.
Also, such application shall not be deemed to be
invalid merely on the ground that at any time
after the date of the application, but before the
registration of the trade union some of the
members but not exceeding half of the total
number of persons who made the application
has ceased to be members.
Application for registration
According to section 5 of the Act, every
application for the registration of the trade
union shall be made to the Registrar and shall
be accompanied by a copy of the rules of the
Trade Union and a statement of the following
particulars namely-
1. The names, occupations and addresses of the
members making the application;
2. The name of the trade union and the address
of its head office, and
3. The titles, names, ages, addresses and
occupations of the office- bearers. of the trade
union.
Where a trade union has been into existence for
more than a year, then a copy of the assets and
liabilities shall also be submitted along with the
application for registration.
Provisions to be contained in the rules of a
Trade Union
According to section 6 of the Act, a Trade Union
shall not be entitled to registration under the
Act unless the executive committee has been
established in accordance with the provisions of
the Act and the rules provide for the following-
1. The name of the trade union:
2. The whole of the objects 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 who
shall be persons actually engaged or employed
in an 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 safe custody of the funds of the trade
union, an annual audit, in such manner, as may
be prescribed, of the accounts thereof, and
adequate facilities for the inspection of the
account books by the office bearers and
members of the trade union, and;
10. The manner in which the trade union may
be dissolved.
Power to call for further particulars and to
require alteration of name
According to section 7 of the Act, the registrar
may call for further information for the purpose
of satisfying himself that whether all the
particulars are in accordance with section 5 and
6 of the Act.
In case the trade union applying for registration
bears a name identical to that of an existing
trade union and the registrar feels that the
name so resembles that of the other that there
are fairs chances of the persons being misled
then the registrar shall ask the trade union
applying to change the name and shall refuse to
register the same until such alteration has been
made.
Registration
According to section 8 of the Act, if the registrar
thinks that the trade union has complied with
all the provisions of the Act, it shall register the
Trade Union by entering in a register all the
particulars in accordance with the provisions of
the Act.
In Hindustan Copper Mazdoor Sangh V. Chief
Labour Commissioner, (1968), it was held that
the right of the workers to form trade unions is
a fundamental right and any Trade Union
satisfying the requirements of the Trade Unions
Act, 1926 is entitled to registration.
Certificate of registration
According to section 9 of the Act, the registrar
shall issue a certificate of registration to the
trade union after registration under section 8
which shall be conclusive proof that a trade
union has been duly registered.
Cancellation of registration
According to section 10 of the Act, a certificate
of registration of a trade union may be
cancelled or withdrawn or an application of the
trade union to be verified in such manner as
may be prescribed; where the registrar is
satisfied that the certificate has been obtained
by fraud or mistake or the trade union has
ceased to exist or has willfully and other notice
from the registrar contravened any provisions
of the Act and if the registrar is satisfied that a
registered trade union ceases to have requisite
number of members.
In Mysore Iron and Steel Works Labourers
Association V Commissioners of Labour and
Registrar of Trade Unions in Mysore, it was held
that the notice contemplated under the proviso
to See 10 of the Trade Unions Act, is mandatory,
The Registrar is not competent to pass an order
cancelling registration without in the first
instance giving the requisite notice and giving
an opportunity to the Trade union to show
cause against the proposed action.
Appeal
According to section 11 of the Act, any person
aggrieved by any refusal to register a trade
union or withdrawal of registration, etc by
registrar may file an appeal where the trade
union head office is situated within the limits of
a presidency town to the High Court, or where
the head office is situated in an area, falling
within the jurisdiction of a Labour Court or an
Industrial Tribunal, to that court or tribunal as
the case may be; where the head office is
situated in any area, to such court, not inferior
to the court of an additional or assistant judge
of a principal Civil Court of original jurisdiction
as the appropriate government may appoint.
On an application to the appropriate forum, the
court may either dismiss the appeal or pass an
order directing the registrar to take appropriate
measures.
The court shall have the same powers of a civil
court under Civil Procedure Code, 1908 and may
follow the same procedures.
The highest appeal can be made to the High
Court.
Registered office
According to section 12 of the Act, all
communications shall be made on the
registered office of the trade union.
Incorporation of registered trade union
According to section 13 of the Act, every
registered trade union shall be a body corporate
having a common seal and perpetual succession
with power to acquire and hold movable and
immovable property and shall by the said name
sue and be sued. No civil suit or other legal
proceeding can be initiated against a registered
trade union in respect of any act done in
furtherance of a trade dispute under certain
conditions. No agreement between the
members of a registered trade union shall be
void or voidable merely on the ground that any
of its objects is in restraint of trade.
The Kerala Trade Unions Regulations, 1958
State of Kerala has framed the Kerala Trade
Unions Regulations, 1958. As per Regulation 3,
every application for registration shall be in
Form A and as per Regulation 5, the fees
payable for registration is rupees five hundred.
As per Regulation 4, the Registrar who receives
an application may require from the applicants
evidence to show that the applicants have been
duly authorized to make the application on
behalf of the Trade Union. As per Regulation 13,
an Appeal under Section 11 of the Act should be
filed within two months of passing of the order
being appealed against.
Trade unions define and channelize the
rights of the workers with pressure on the
employer to not deceit them. The registration of
Trade Union ensures that a trade union duly
certified and recognized and thereby the
provisions for same are laid down exhaustively
in the Act.