Cancellation of Registration

Cancellation of registration
Ms Neha Sharma
Assistant Professor
DME Law School
[email protected]
Cancellation of registration
• S. 10 - when a certificate of registration of a Trade Union may be withdrawn or
cancelled by the Registrar
• When the
• 1. Registration certificate is obtained by fraud or mistake
2. Trade Union ceases to exist
3. Trade Union has willfully and after notice from the Registrar contravened any
provision of the TU Act
4. Trade Union has rescinded any rule providing for any matter provision
required by section 6
5. Trade Union does not have the requisite number of members as per S. 9A
(10% or 100 workmen, subject to minimum 7)
6. Application filed by members of TU
The registrar shall give minimum two months' notice in writing specifying the
ground on which registration is proposed to be withdrawn or cancelled
Appeal
Section 11
(1) Any person aggrieved by any refusal of the Registrar to register a Trade
Union or by the withdrawal or cancellation of a certificate of registration
may, within such period as may be prescribed, appeal,
(a) where the head office of the Trade Union is situated within the limits of a
Presidency-town, to the High Court, or
(b) where the head office is situated in any other 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
in this behalf for that area.
(2) The appellate Court may dismiss the appeal, or pass an order directing
the Registrar to register the Union and to issue a certificate of registration
under the provisions of section 9 or setting aside the order for withdrawal
or cancellation of the certificate, as the case may be, and the Registrar
shall comply with such order.
Appeal
(3) For the purpose of an appeal under sub-section (1) an
appellate Court shall, so far as may be, follow the same
procedure and have the same powers as it follows and has
when trying a suit under the Code of Civil Procedure, 1908 (5
of 1908), and may direct by whom the whole or any part of the
costs of the appeal shall be paid, and such costs shall be
recovered as if they had been awarded in a suit under the said
Code.
(4) In the event of the dismissal of an appeal by any Court
appointed under clause (b) of sub-section (1), the person
aggrieved shall have a right of appeal to the High Court, and
the High Court shall, for the purpose of such appeal, have all
the powers of an appellate Court under sub-sections (2) and
(3), and the provisions of those sub-sections shall apply
accordingly.
Case law
• Registrar of Trade Union W.B v. Mihir Kr Guha
AIR 1963 Cal 56
Powers of the Registrar
• Power to ask for more information: S 7 of the Act empower the Registrar to call
for further information for the purpose of satisfying himself that the application
complies with the provisions of section 5. Registrar may withhold registration
until these requests have been complied with.
• Power to request change of name: If the name under which a Trade Union is
proposed to be registered is identical to any other existing Trade Union, the
Registrar shall require to alter the name of the Trade Union. Registrar may
withhold registration until these requests have been complied.
• Power to register the Trade Union: If the Registrar is satisfied that the Trade
Union has complied with all the requirements of this Act he/she shall register the
Trade Union (S 8), by:
• entering the particulars of the Trade Union in a register maintained by him
• Issuing a certificate of registration in the prescribed form
• Power to approve application for change of name of Trade Union /
amalgamation of two or more trade unions.
• Power to divide the funds among the members of Trade Union on its
dissolution, if there is no provision for the same in Trade Union rules (S 27)
• Power to cancel registration of trade union
Registered office
Section 12- All communications and notices 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
within 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.
Registration
The registration of a trade union is not necessary. However,
upon registration, a trade union gets several benefits
including some immunities that are not available to an
unregistered Trade Union.
Section 13 specifies that upon registration, a trade union gets
a legal entity status, due to which-
• it has perpetual succession and a common seal.
• can acquire and hold movable as well as immovable
properties.
• can contract through agents.
• can sue and can be sued.
Legal Status
Section 13. Incorporation of registered Trade Unions.-
All registered trade union shall have
• Perpetual succession
• power to acquire and hold both movable and immovable property
• power to enter into contracts
• power to sue and liability to be sued by the name of the trade union
• A registered trade union requires at least 10% or 100 workmen, whichever
is less (and subject to minimum of 7 workers) at all times (Sec 9A)
• Any registered Trade Union may, with the consent of not less than two-
thirds of the total number of its members change its name (Sec 23)
• A trade union has office bearers. As per Sec 21A, any officers stand
disqualified if he:
• is less than 18 years of age or has been convicted by any court in India for
moral turpitude and sentenced to imprisonment, unless a period of five
years has elapsed since his release.

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