Registration of Trade Union PDF

REGISTRATION OF
TRADE UNION
~BY NOOR ARORA
BHAWNA KUMARI
JAHANWI SINGH
AMAN BISHT
SHIVANG CHAWLA
INTRODUCTION
 The continuous exploitation of the employees by the employers resulted in the formation
of Trade Unions Act, 1926 in order to protect their interests and fulfil their genuine
demands. This Act legalized the right to form and organise unions and therefore, allowed
the employees to form trade unions.
The act laid down detailed provisions for the procedure, formation, conditions for the
registration of trade unions, advantages of the procedure, advantages of registration and
immunities available to the union leaders from civil and criminal laws for the activities of a
registered trade union.
Chapter II of the Trade Union Act,1926 deals with the provisions of the registration of the trade
unions.
:Step by Step Procedure for Registration is tabulated below:
STEPS RELEVANT SECTIONS
1. Appointment of Registrars Section 3

1. Mode of Registration Section 4
1. Application of Registration Section 5
1. Provisions to be contained in the rules of a Section 6

Trade Union
1. Power to call for further particulars and to Section 7
require alteration of name
1. Registration Section 8
1. Certificate of Registration Section 9
1. Cancellation of Registration Section 10
1. Appeal Section 11
1. Registered Office Section 12
1. Incorporation of registered Trade Unions Section 13
1. Acts that don’t apply to registered Trade Section 14

Unions
Brief Summary
• Section 3- Appointment of Registrars

 Under section 3, registrar is appointed for process of registration of the Trade Union. Also, the Appropriate
government is authorised to appoint additional and deputy registrar for particular state, where the registrar of trade
union is unable to discharge the powers and functions. Within a local limit, he may exercise the power and
functions as Registrar as prescribed for this purpose.
• Section 4 - Mode of Registration

 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.
 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:
i. Either ceased to be the members of Trade union before the registration of the Trade union; or
ii. Has given a written notice in writing to the Registrar mentioning about their dissociation.
 Case Law- Tirumala Tirupati Devasthanam (1993) In this case, the court held that for the purpose of
regulating the relations between the workmen and the employers, any group of employees may be registered as a
trade union under the act.
• Section 5- Application of Registration
 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:
i. The name, occupation and address of the members who all are making the application;
ii. The name of the Trade Union and the address of its head office; and
iii. 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.
• Section 6 - 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:
i. The name of the trade union
ii. The object for which the trade union has been established;
iii. The whole of the purposes for which the general funds of the trade union shall be applicable;
iv. The maintenance of a list of the members of the trade union;
v. The admission of ordinary members (person engaged or employed in the industry) with which the trade union is
connected;
vi. 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;
vii. The manner in which the rules shall be amended, varied or rescinded;
viii. The manner in which the members of the executive and the other office bearers of the Trade Union shall be elected
and removed;
ix. The manner in which the trade union may be dissolved.
• Section 7 - Power to call for further particulars and to require alteration of name
 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.
• Section 8- Registration
 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-
 Inland Seam Navigation Workers' Union (1968) 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) 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.
• Section 9- Certificate of Registration
 As per section 9, the registrar shall issue a certificate of registration, after registering a Trade Union under section 8.
The Trade Union can produce the certificate as evidence, that it has been rightly registered under this Act
• Section 10- 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:
i. On the application of the Trade union.
ii. 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
• Section 11- Appeal

 If any person doesn't agree with the decisions of registrar related to:
i. refusal to register the Union,
ii. withdrawal or cancellation of a certificate of registration may appeal within prescribed time, in following:
a. the head office of trade union which is situated within the restrictions of a presidency town to the High Court
b. the head office of trade union which is situated , within the jurisdiction of a Labour Court or an Industrial Tribunal, to
that court or tribunal as the case may be;
c. the head office of trade union which is situated in any area to such court, not subordinate to the court of an additional
or assistant judge of principal Civil Court of original jurisdiction as the appropriate government may appoint.
 Accordingly, court may either refuse the appeal or pass an order governing the registrar to take suitable
course of action
• Section 12 - Registered Office
 Section 12 of the Act lays down that all communications and notices to any trade union must be
addressed to its registered office. If a trade union changes the address of its registered office, it
must inform the registrar within the period of fourteen days in writing, and the registrar shall
record the changed address in the register mentioned under Section 8 of the Act.
• Section 13- Incorporation of registered Trade Unions

 Section 13 of the Act states that every trade union which is registered according to the
provisions of the Act shall:
i. Be corporate by the name under which it is registered.
ii. have perpetual succession and a common seal.
iii. Power to contract and hold and acquire any movable and immovable property.
iv. By the said name can sue and be sued.
• Section 14- Acts that don’t apply to registered Trade Unions

i. The Societies Registration Act,1860 (21 of 1860)
ii. The Co-operatives Societies Act, 1912 (2 of 1912)
iii. The Companies Act,1956 (1 of 1956)
CONCLUSION
The registration of Trade union under the Trade union

Act, 1926 helped the trade unions to gain recognition and
certification. The detailed provisions of the act talks
about the procedure, advantages of registering Trade
unions and various immunities available to the union
leaders from civil and criminal laws for the activities of a
registered trade union.

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REGISTRATION OF

STEPS RELEVANT SECTIONS

1. Appointment of Registrars Section 3

1. Application of Registration Section 5

1. Provisions to be contained in the rules of a Section 6

1. Cancellation of Registration Section 10

1. Registered Office Section 12

1. Incorporation of registered Trade Unions Section 13

1. Acts that don’t apply to registered Trade Section 14

• Section 3- Appointment of Registrars

• Section 4 - Mode of Registration

• Section 6 - Provisions to be contained in the rules of a Trade Union

• Section 10- Cancellation of Registration

• Section 11- Appeal

• Section 13- Incorporation of registered Trade Unions

• Section 14- Acts that don’t apply to registered Trade Unions

The registration of Trade union under the Trade union

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