Registration of Trade Unions

CHAPTER II
Registration of Trade Unions
 (S. 3-14)
IMPORTANT PROVISIONS PERTAINING TO
REGISTRATION OF T.U
3. Appointment of Registrars.
4. Mode of Registration.
5. Application for registration.
6. Provisions to be contained in the rule of a Trade Union.
7. Power to call for further particulars and to require
alteration of name.
8. Registration.
9. Certificate of registration.
10. Cancellation of registration.
11. Appeal.
12. Registered office.
13. Incorporation of registered Trade Unions.
14. Certain Acts not to apply to registered Trade Unions.
The Act does not mandate for registration of
trade union. However, upon registration, a
trade
union gets several benefits including some
immunities that are not available to an
unregistered Trade Union.
Appointm Provision Power to
s to be call for Certificate
ent of of
Registrars contained further
Mode of Application in the particula registrati
. Registration on
registration for rules of a rs and to
registration Trade require
Union alteratio
ns of
names
10
REGISTRATION OF TRADE
UNION
 Sec 3 –Appointment of Registrar
 Appropriate Govt. is empowered to appoint any person as
registrar.
 Qualifications are not prescribed, left to discretion of Govt.
 Additional & deputy registrar can also be appointed.
 Additional & D. R should deliver function in direction of
registrar.
 Functions & local limits should also be defined.
 Officers of commissioner of labour are designed with the
duty of the registrar.

POWERS & DUTIES OF REGISTRAR:-
 Registration
 To call for further information
 Issue of certificate
 Cancellation of registrar
 Miscellaneous: - dissolution – should be signed by 7
members & the secretary of T.U is given 14 days of such
dissolution to the registrar as required U/Sec.27 of the
Act. It is effective from the date of registrar”.
 U/S.28 certain annual returns have to submit within
prescribed time – if not submitted heads to cancellation.
 Inspection of A/C books, registers & other does relating
to T.U.
 Mode of registration(Sec. 4) -Any 7 or more members of
Trade Union can subscribe to the charter of TU by
application and complying with the provisions of this Act.
 Minimum of 7 members prescribed has been raised to 10%
or one hundred of workmen, whichever is less, engaged or
employed in the establishment or industry with which it is
connected.
 Any application for registration shall not be deemed to be
invalid merely by reason of fact that, after the application
was made but before the registration some members not
exceeding half of the no. of person who made such
application, have ceased to be members of the T.U.
TRILOK NATH TRIPATHI VS.
ALLAHABAD DIVISION BENCH
It was laid down that T.U cannot be allowed to be

registered unless the condition of making rules
relating to matters specified in sec.6 are complied
with. Although they do not have statutory
authority but lay contractual obligations between
T.U & its members.
M T CHANDERSENAN VS
SUKUMARAN, AIR 1974
SC held that if a member fails to pay
subscription fee, he cannot be considered a
member of the trade union. However,
subscriptions cannot be refused under some
pretext which results in the denial of
membership.
BOKAJAN CEMENT CORPORATION
EMPLOYEES UNION VS
CEMENT CORPORATION OF INDIA, 2004
 it was observed that section 6 (e) deals only

with the eligibility conditions for admission of
ordinary and executive members and it does
not provide that on cessation of employment a
member would cease to be one. The court has
clarified that requirement in Sec 6(e) that
ordinary members of a trade union shall be ‘
persons actually engaged or employed in an
industry is only a condition for admission, not
one that provides for automatic cessation of
membership in cessation of employment.
PROVISIONS TO BE CONTAINED IN THE
RULES OF A TRADE UNION
 The name of the trade union
 The object
 The purposes for which the general funds of the
shall be applicable.
 The maintenance of a list of members of the trade
union and adequate facilities for the inspection
thereof by the office-bearers and members of the
Trade Union
 Safe custody of funds & annual audit, &
 7. The manner in which T.U must be dissolved
PROVISIONS TO BE CONTAINED IN THE
RULES OF A TRADE UNION CONT…..
 The procedure for admission of ordinary, honorary
or temporary members as office-bearers.
 The payment of a minimum subscription which
shall not be less than;
 One rupee per annum for rural workers
 Three rupees per annum for workers in other
unorganised sectors and
 Twelve rupees per annum for workers in any other
case.
ALTERNATION OF RULES
 INDIAN OIL LTD. Vs. THEIR WORKMEN

 S.C laid down that the T.U cannot alter its
constitution or rules without following the
procedure laid down U/the rules & the T.U Act &
it cannot extend its membership to the workers
working in other establishments.
B.S.V. HEMANTH RAO VS. DEPUTY REGISTRAR
T.U
The Hyd. Allwyn works union amended its rules

appointing its president of the union to acts as
election officer & empowering him to nominate all
office bearers, where as this power was vested with
the general body of the T.U and even though these
amended were register with the registrar. the court
held the amendments as contrary to the letter & spirit
of the T.U hence invalid.
M. KONDALRAO VS. REGISTRAR, TRADE
UNION
4) Power of the Registrar to call for further
Particulars (Sec. 7).
 In M. KondalRao Vs. Registrar, Trade Union,

it has been observed that the powers of Registrar to call
for further information for satisfying himself about
compliance with Sec 5 of matter connected with it are
limited to the provisions of Sec 7 of the Act and Sec 5
and sec 6 would show that he could not be supplied
information form any other source except the Union.
He cannot call for further information from Deputy
Commissioner.
TATA WORKERS UNION VS. STATE
OF JHARKHAND, 2002 LAB.L.C. 1525]
 In Tata Workers Union Vs. State of Jharkhand,
2002 Lab.L.C. 1525] it has been held that the
registrar cannot intervene in the matters of holding
election of the office-bearers of the registered trade
union. If the name of the trade union proposed to
be registered is identical or the same name of
another registered trade union , the registrar is
empowered under sec 7 to require the applicant to
change the proposed name of the trade union. The
registrar shall refuse the registration of the union
until such alteration in the name of the union is
effected.
REGISTRATION
5) Registration and Certificate (Sec. 8 & 9).
 If all the requirements of the Act have

been complied with, the Registrar of Trade
Union shall register the Trade Union and
issue “certificate of Registration.
 Registered Trade Union [Sec. 2 (e)].

 A “Trade Union” which is registered as per
provisions under the Trade Union Act 1926
which has the certificate
THE REGISTRAR NORTH EASTERN RAILWAY
EMPLOYER UNION VS. R.T.U
 On being satisfied that the T.U has complied with

all the requirements of this Act then he can register
it. It has been observed that THE Registrar while
discharging the duties under sec 8 or under sec 28
of the Trade Unions Act 1926, has the
administrative function and not quasi-judicial
function in which the parties can lead evidence.
Hence, the registrar is free to hold a summary
enquiry to satisfy himself to effect any change. The
registrar was not holding a quasi-judicial inquiry as
he was discharging an administrative duty.
 In the case of Re Indian Steam Navigation
Workers Union AIR 1936 the court held that a
Registrar only has to see whether all the technical
requirements are being fulfilled and not whether it
could be described as unlawful.
 In the case of ACC Rajanka Limestone

Quarries Worker's Union vs Registrar of Trade
Unions, AIR 1958, it was held that if the registrar
does not register the trade union within 3 months
of application, an appeal can be made to the
High Court under art 226.
TATA ELECTRIC COMPANIES OFFICER'S
GUILD VS REGISTRAR OF TRADE UNIONS,
1994, BOMBAY HC
 In this case the court held that for a registrar

to cancel the registration, willful neglect of the
notice is a must. If the trade union sends the
account statement upon notice of the
registrar, the registrar cannot cancel the
registration on the ground that the account
statement was not filed earlier.
COROMANDEL CEMENT FACTORY EMPLOYEES UNION VS.
DEPUTY REGISTRAR OF TRADE UNIONS AND DEPUTY
COMMISSIONER OF LABOUR, KURNOOL [2001 LLR 170 (AP)]
 In it has been held that cancellation of

Registration without giving second show-cause
notice and without giving opportunity to
represent the case is liable to set aside.
IN RADHESHYAM SINGH VS. BATA MAZDOOR
UNION [ 1977 LAD. L.C.1488(PAT)
 It has been held that in absence of a prior notice,

any proceeding for cancellation or withdrawl of
registration is illegal and without jurisdiction.
MYSORE IRON AND STEEL WORKS LABOUR
ASSN VS. COMMISSIONER OF LABOUR, [1972
LAB. L.C.999(MYS)]
 it has been held that the withdrawal or cancellation

of the registration must be preceded by the
requisite notice as well as an opportunity to show
cause against the proposed action.
REGISTRAR OF TRADE UNION VS.
M.MARRISWAMY [1974 LAB. I.C, 695 (KANT)]
 It has been held that ‘mistake’ may be ground for

withdrawal or cancellation of registration of a
trade union, provided the mistake is on the part of
the union and not registrar himself.
APPEAL AGAINST THE DECISION
OF REGISTRAR (S.11)
• Section 11 grants a limited right to
appeal the decisions or orders passed by the registrar.
• An appeal may be made -
 To the high court, if the head office of the trade
union is located in a presidency town.
 Tothe labour court or industrial tribunal, if
the head office of the trade union is located in its
jurisdiction.
 if the head office of the trade union in any other
location, 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 govt.
may appoint in this behalf for that area.
OTHER CONDITIONS FOR THE
APPEAL
 An appeal must be made within 60 days of the date
on which registrar passed the order against which
the appeal is made.
 In the case of Registrar of Trade Unions, West
Bengal vs Mihir Kumar Guha 1963, Cal, it was
settled that a trade union whose head office is in a
presidency town has only a single chance of appeal
against the decision of the registrar, which is to the
high court while a trade union whose head office is
in muffasil has two chances of appeals, first in the
local court and second in the high court.
S. 12- REGISTERED OFFICE
 All communications and notice to a
registered Trade Union may be addressed
to its registered office. Notice of any
change in the address of the head office
shall be given with fourteen days of such
change to the Registrar in writing, and
the changed address shall be recorded in
the register referred to in Section 8.
S. 13- INCORPORATION OF
REGISTERED TRADE UNIONS

Every registered Trade Union shall be
a body corporate by the name under
which it is registered and shall have
perpetual succession and a common
seal with power to acquire and hold
both movable and immovable
property an contract, and shall, by the
said name sues and be sued.

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CHAPTER II

Registration of Trade Unions

It was laid down that T.U cannot be allowed to be

 it was observed that section 6 (e) deals only

 INDIAN OIL LTD. Vs. THEIR WORKMEN

The Hyd. Allwyn works union amended its rules

 In M. KondalRao Vs. Registrar, Trade Union,

 If all the requirements of the Act have

 Registered Trade Union [Sec. 2 (e)].

 On being satisfied that the T.U has complied with

 In the case of ACC Rajanka Limestone

 In this case the court held that for a registrar

 In it has been held that cancellation of

 It has been held that in absence of a prior notice,

 it has been held that the withdrawal or cancellation

 It has been held that ‘mistake’ may be ground for

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