THE TRADE UNIONS ACT, 1926

Registration

(refer from Page No. 10 for today’s

lecture on Model Answer for Exam /
Seminar)
 Chapter II of the Trade Unions Act, 1926
REGISTRATION OF TRADE UNIONS

Appointment of Registrars
Section 3 - 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
Section 4 - any seven or more members of a Trade Union may make an application apply for registration of the
trade union.
There are two conditions
1) 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.
2) 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 with which it is connected.
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.
Condition 1 :
Members of T.U. at the time of filing application –
atleast 10% or 100 of total workmen, whichever is less

Ex. 1
Total workmen : 2000
10 % : 200

100 workers should be the members of T.U.

Ex. 2
Total workmen
Total workmen : 700
10% : 70

70 is less than 100. Therefore 70 workmen should be the members of T.U.

Application for registration

Section 5
-every application for the registration of the trade union shall be made to the Registrar

- It shall be accompanied by a copy of the rules of the Trade Union and

-a statement of the following particulars namely-

The names, occupations and addresses of the members 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.
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

Section 6
Every registered Trade Union is required to have written rules :
-The name of the trade union;
-The whole of the objects for which the trade union has been established;
-The whole of the purposes for which the general funds of the trade union shall be applicable;
-The maintenance of a list of the members of the trade union;
-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;
-The manner in which the rules shall be amended, varied or rescinded;
-The manner in which the members of the executive and the other office bearers of the Trade
Union shall be elected and removed;
-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;
-The manner in which the trade union may be dissolved.
Section 7 : Registrars Power to call for further particulars and
to require alteration of name
- the registrar may call for further information....to confirm/ verify whether all the particulars are in accordance with
section 5 and 6 of the Act.

-Registrar may ask to change the name of T.U. if it is identical or resembles the name of other existing T.U.

Section 8 : Registration
-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.

Section 9 : Certificate of registration

-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.
Section 10 : Cancellation of registration
-a certificate of registration of a trade union may be cancelled or withdrawn
-when the registrar is satisfied that the certificate has been obtained by fraud or mistake or
- the trade union has ceased to exist or
-contravened any provisions of the Act or
- if the registered trade union ceases to have requisite number of members.

// Principles of Natural Justice (naisargika nyaaya tatva)

1) Nemo judex in causa sua – no one is a judge in his own cause
i.e. No person can judge a case in which he has an interest.

2) Audi Alteram Partem – Listen to the other side

i.e Each party is given the opportunity to respond to the evidence against him. //

Bomaby Fire Fighters Services Union, Mumbai v. Registrar Trade Unions, Bombay
Facts : Union did not comply with Sec. 28 of TU Act i.e. Filing of returns.
So Registrar cancelled their registration.
TU filed an appeal before High Court challenging the order of Registrar.
H.C. set aside the order. Bcs the Registrar had not followed the mandatory provision

of serving a show-cause notice to the TU.

Therefore cancellation of registration was held illegal and improper.
// Show-cause notice :
Itz a statement containing allegations, the acts of misconduct committed by the
employee.
There will be a direction to him to submit a written explanation / appear personally on
a particular date and show cause (state the reasons) why disciplinary action should not
be taken against him. //

Section 11 Appeal
-any person aggrieved by any refusal to register a trade union or withdrawal of
registration, etc by registrar may file an appeal.
- It should filed within prescribed period. Ie within 60 days from the date of order passed
by Registrar.
-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 highest appeal can be made to the High Court.

Section 12 - Registered office

-all communications shall be made on the registered office of the trade union.
Section 13 : Incorporation of registered trade union
-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.

Perpetual Common Seal

Succession

Enter into
Hold/acquire/dispose contracts
property

Sue and be sued

-t
Model Answer for Exam

Registration of Trade Unions

Synopsis

1) Introduction
2) Objectives of Trade Unions
3) Meaning and Definition of Trade Unions
4) Registration of Trade Unions
a) Registrar
b) Mode of Registration
c) Application of Registration
5) Cancellation of Registration and Appeal
6) Rights and Privileges of Registered Trade Unions
7) Conclusion
Explanation

1. Introduction
The history of Trade Unionism in India dates back to 1890. In this year, for the first time an
association of mill workers called ‘Bombay Millhands Association’ was formed. This
association was formed to solve (redress) the grievances (problems) of mill workers.

Later in the year 1920 in a case Binny and Co. V. Madras Labour Union, the High Court of
Madras prosecuted the Labour Union though they were engaged in bonafide trade union
activities. The Labour Union were deprived of their rights because there was no specific
Trade Union legislation.

Therefore, Mr. N.M. Joshi, the then General Secretary of All India Trade Union Congress
moved a resolution in the Central Legislative Assembly regarding protection of Trade
Unions.

As a result, the Indian Trade Union Act was passed in 1926. The Act came into
enforcement in 1927. And in the year 1947, it was amended and provisions for registration
of Trade Union was inserted. In the amendment in 1964, the word ‘Indian’ was deleted.
2. Objectives of Trade Unions

1. To provide steady (regular) employment to workers.

2. To provide regular and fair payment, good working conditions, facilities etc.
3. To promote the interest of workers.
4. To allow the participation of workers in decision making.
5. To resolve individual and collective grievance of workers relating to employment.
3. Meaning and Definition

•General Meaning : Group of workers engaged in a particular trade for the purposes of
securing better wages, hours of work, improved conditions of work etc.

• Edwin B Flippo defines : Trade Union is an organisation of workers, formed to

promote, protect and improve the social, economic and political interest of its members
through collective efforts.

Sec. 2(h) of Trade Unions Act, 1926 defines Trade Union.

Trade Union is formed to regulate the relations between
Regulating the relations between :
( i) workmen and employers; or
(ii) workmen and workmen; or
(iii) employers and employers

It also lays down conditions regarding conduct or any trade or business.

4. Registration of Trade Unions

Section 3 to 13 of Trade Unions Act, 1926 lays down provisions relating to registration of
Trade Union.

Registration of trade union is the process of making an official record of names and other
information relating to the trade union.

Sec. 3 states that there shall be a Registrar. He shall be appointed by the appropriate
government. The Registrar shall make the registration of Trade Unions.

Sec. 4 states about the mode (process )of registration.

For registration some conditions must be fulfilled :
An application for registration must be filed before the registrar by atleast 7 or
more members of a trade union.
And also at the time of filing of application atleast 10% or 100 of total workmen,
whichever is less must be the members of trade Union.
Now after filing of application if some members cease to be members of trade
union, then the application shall not be rejected. But if the number is more than 50% of
members, then the application will be rejected.
Example:
Members of T.U. at the time of filing application –
atleast 10% or 100 of total workmen, whichever is less

Ex. 1
Total workmen : 2000
10 % : 200

100 workers should be the members of T.U.

Ex. 2
Total workmen
Total workmen : 700
10% : 70

70 is less than 100. Therefore 70 workmen should be the members of T.U.

Application for registration
Section 5 -10
-The application for the registration of the trade union shall be made to the Registrar.
A copy of the rules of the Trade Union shall be attached with the application and also
a statement of the following particulars namely-
The names, occupations and addresses of the members 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.

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.

The Trade Union should also mention their written rules relating to name of the trade union, its objects, the general
funds etc.

After receiving the application, the registrar shall verify the details and ask clarifications if required. He may also
insist to change the name of the trade union, if it is identical with other trade unions. If all the information is correct,
then the registrar shall enter the name of the trade union in the registrar and then he shall issue the certificate of
registration.

Case law – IFFCO, Phulpur Karmachari Sangh v. Registrar of Trade Unions and others
Held : Once the trade union is registered by the Registrar of Trade Union, the certificate of
registration continues to hold good until it is cancelled.
5. Cancellation and Appeal

Section 10 : Cancellation of registration

The registrar may cancel or withdraw the certificate of registration for following reasons:
- if the certificate has been obtained by fraud or mistake or
- if the trade union has ceased to exist or
- if the trade union has contravened any provisions of the Act or
- if the registered trade union ceases to have requisite number of members.

However, the principles of natural justice should be followed and the trade union must be
given an opportunity of hearing.

Case law : Bombay Fire Fighters Services Union, Mumbai v. Registrar Trade Unions,
Bombay

Case law : Tata Electric Companies Officers Guild v. Registrar of Trade Unions
Held : For cancellation of registration of a Trade Union wilful contravention of provision
of the Act is necessary.

Section 11 Appeal
-any person aggrieved by any refusal to register a trade union or withdrawal of
registration, etc by registrar may file an appeal.
- It should filed within 60 days from the date of order passed by Registrar.
6. Rights and Privileges of Registered Trade Unions

A registered trade union enjoys the following rights and privileges :

1. It is a body corporate.
2. It has a separate fund.
3. It enjoys immunity from criminal conspiracies.
4. It enjoys immunity from civil suits.
5. It can merge and form into larger trade unions.
6. It has the right to inspect company books.

7. Conclusion
Trade Unions establishes a healthy relationship between the employer and the workmen. It
controls the working atmosphere. The rights of the workers are protected. And a
registered trade union enjoys special privileges and their rights are guaranteed
according to law.
ALL THE BEST