REGISTRATION OF TRADE UNION (Section 3- 14) CHAPTER- II, The Trade Unions Act, 1926

SECTION 3: APPOINTMENT OF REGISTRATION

• Registrars of Trade Unions-
  • A person,
  • appointed by the appropriated Government,
  • for each State.
• Further appointments by Appropriate government, in regard to the appointment of the registrar of the Trade Union-
  • Appropriate Government may appoint on his discretion, as many Additional and Deputy Registrars of trade Union,
  • for the purpose of exercising an discharging (under the superintendence and direction of the Registrar), such powers and functions of the Registrars under this Act,
  • as, this Act, order, specify, and define the local limits which any Additional or Deputy Registrar should exercise and discharge the powers and functions so specified .
• In regard to the appointment of the Additional and Deputy registrar-
  • Situation:
    • Where an Additional or Deputy Registrar, exercises and discharges the powers and functions of a Registrar an area within which the registered office of a Trade Union is situated.
  • Consequence:
    • The Additional and Deputy registrar should be deemed to be the Registrar in relation to the Trade Union for the purposes of this Act.

Case: Mohan Lal V Registrar of Trade Unions, 1983 Lab IC 1883

The Registrar has power to enquire about the legality of the new election of the office- bearers of a Trade Union.

SECTION 4: MODE OF REGISTRATION

• Prerequisite for application for registration of the Trade Union-
  • Any 7 or more members of a Trade Union may, apply for the registration of the Trade Union under this Act:
    • By subscribing their names to the rules of the Trade Union and
    • By otherwise complying with the provision (regarding registration) of the Act.
• Stretch of validity of application of registration-
  • Once application of registration is made,
  • time after the date of the application, but before the registration of the Trade Union, is the decider for the application becoming and valid due to applicants ceasing to be members of Trade Union.
• Condition, making an application in valid-
  • maximum, half of the total number of persons, who had made the application (applicants),
  • cease to be the members of the Trade Union or
  • give written notice to the Registrar, disassociation themselves from the application.

Section 5: APPLICATION FOR REGISTRATION

• An application for registration of a Trade Union should be:
  • Made to the Registrar and
  • accompanied by:
    • a copy of the rules of the Trade Union and
    • a statement of the following particulars-
      • the names, occupations and address of the members making application,
      • the name of the Trade Union and the address of its head office and
      • the titles, names, ages, address and occupations of the office- bearers of the Trade Union.
• Additional information to the Registrar-
  • Situation:
    • Where a Trade union has been in existence for more than 1 year before the making of an application for its registration.
  • Requirement:
    • Delivery to the Registrar-
      • With the application, a general statement of assets and liability of trade Union, prepared in such form and containing such particulars as may be prescribed.

SECTION 6: PROVISIONS TO BE CONTAINED IN THE RULES OF A TRADE UNION

• Conditions, a Trade Union has to fulfill to get entitled to registration under this Act (means, the Trade Union Act, entitle a Trade Union registration only after it has met following conditions)-
  • The executive thereof, is constituted in accordance with this Act (under section 4) and
  • The rules thereof, provide for the following matters-
    • The name of the Trade Union,
    • the whole of the objects for which the general funds of the Trade Union shall established,
    • the whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes to which such funds are lawfully applicable under this Act,
    • the maintenance of  a list of the members of the trade Union and adequate facilities for the inspection thereof by the office- bearers and members of the Trade Union,
    • the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of the number of honorary or temporary members as office- bearers required under section 22 to form the executive of the trade Union,
    • the payment of a subscription by the Trade Union which shall be not less than 25 naye paise per month per member,
    • the conditions under which any member shall be entitled to any benefit assures by the rules and under which any fine or forfeiture may 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 appointed 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: POWER TO CALL FOR FURTHER PARTICULARS AND TO REQUIRE ALTERATIONS OF NAMES

• The Registrar possess the power to-
  • Call for further information for the purpose of satisfying himself in regard to:
    • an application’s compliance with provisions of section 5 or
    • a Trade Union’s entitlement to registration under section 6 and
  • refuse to register the Trade Union until such information is supplied.
• Reasons to the need for the alterations of names of the Trade Union-
  • Reason:
    • If the name under which a Trade Union, proposes to get registered (any other existing registered Trade Union:
      • is identical or
      • so resembles(in the Registrar’s opinion), as to be likely to deceive the public or the members of either Trade Union.
  • Solution:
    • Registrar should require-
      • the persons applying for registration to alter the name of the Trade Union, being stated in the application and
      • refuse to register the Union until such alteration has been made.

SECTION 8: REGISTRATION

• Who possess the authority to entitle a Trade Union with registration?
  • The registrar
• Final requirements to satisfy the Registrar-
  • Trade Union’s compliance with all the requirements of this Act, in respect to the registration.
• When a Trade Union is said to be registered?-
  • when the Registrar enters the Trade Union in a register.
• Maintenance of the Register-
  • in the prescribed form,
  • with the particulars relating the Trade Union contained in the statement accompanying the application for registration (under section 5).

Case 1: O.N.G.C. Workmen’s Association V State of West Bengal, (1988) 57 FLR 522 (Cal)

The Registrar is not a quasi-judicial authority and cannot, therefore, decide any disputed question of fact or law.

Case 2: R.N. Singh V State of Bihar, 1998 LLR 645

Provisions of this section relate to only registration of Trade Unions Act, here is no provision permitting or empowering the Registrar to refer internal disputes relating to office-bearer for adjudication to any other forum.

SECTION 9: CERTIFICATE OF REGISTRATION

• After entrance of Trade Union in the register (under section 8)-
  • issue of certificate of registration, by the Registrar,
  • in the prescribed form.
• Purpose, of issuing a certificate to the registered Trade Union-
  • certificate, works as a conclusive evidence, that the Trade Union has been duly registered under this Act.

Case 1: IFFCO, Phulpur Karamchari Sangh V Registrar of Trade Unions, (1992) II, LLJ 239 (All)

The certificate of registration continues to hold good until it is cancelled.

Case 2: Food Corporation of India Staff Union V Food Corporation of India, 1995 LLR 309 (SC) 3 JJ

The registration give a stamp of due formation of the Trade Union and assures of whose office-bearers also become known.

SECTION 10: CENCALLATION OF REGISTRATION

• Who possess the authority to withdraw or cancel the certificate (conclusive evidence of the registration) of registration of a Trade Union?
  • The Registrar
• Modes of cancellation-
  • withdrawal or cancellation on the application of the Trade Union, which is to be verified in the prescribed manner,
• Registrar’s satisfaction on some grounds like:
  • the certificate has been obtained by fraud or mistake or
  • that the Trade Union has ceased to exist or
  • has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision or
  • has rescinded any rule providing for any matter provision for which is required by section 6.
• Condition of withdrawal or cancellation of certificate-
  • written notice, specifying the ground of proposal to withdraw or cancel the certificate from Registrar to the Trade Union,
  • must have to be given, at least 2 months before the certificate is withdrawn or cancelled.
• Except: the cancellation on the application of the Trade Union.

Case 1: Philips Workers Union V Registrar of Trade Union (1989) 58 FLR 58 (Cal)

Registration of a Trade Union, once registered, cannot be cancelled save and except under section 10.

Case 2: Nagda Rashtra Sevak Karamchari Congress V Industrial Court 1997 (77) FLR 139

The order of cancellation of registration of Trade Union passed by the Registrar without hearing the Union is violative of principles of natural justice and illegal, hence liable to be quashed.

SECTION 11: APPEAL

• Who may appeal-
  • an aggrieved person, by any:
    • refusal of registration to register a Trade Union or
    • withdrawal or cancellation of a certificate of registration.
• Requirement for making an appeal-
  • it should be within such prescribed period.
• Appeal may be made-
  • where the head office of the Trade Union is situated within the limits of a Presidency town to the High Court or
  • where the head office is situated in any area, to such Court, not inferior to the Court of an additional or assistant a judge of a principal Civil Court of original jurisdiction as the Appropriate Government may appoint in his behalf for the area. (in the event of the dismissal of an appeal by any court appointed under this provision, the aggrieved person possess right of appeal to the High Court.)
• For the purpose of an appeal under above provision of this section, an appellate court should-
  • follow the same procedure and have the same power as it follows and has when trying a suit under the Code of Civil Procedure, 108 (5 of 1908) and
  • may direct by whom the whole or any part of the costs of the appeal should be paid and such costs should be recovered as if they had been awarded in a suit under the said Code.

[the High Court shall for the purpose of such appeal, have all the powers of an appellate court, under this provision of appellate court’s procedure and direction, and should be applied accordingly]

• Role of the appellate court-
  • dismiss the appeal or pass an order (which Registrar have to comply with) directing the registrar, as the case may be:
    • to register the Trade Union and issue a certificate of registration under section 9 or
    • set aside the order of withdrawal or cancellation of the certificate.

[the High Court shall for the purpose of such appeal, have all the powers of an appellate court, under this provision of role of appellant court, and should be applied accordingly]

Case: Rashtriya Mukund Employees Union V Mukund Iron and Steel Works Ltd. (1987) 55 FLR 507 (Bom)

The order of cancellation of the registration of a Trade Union cannot be withdrawn or revoked by the Registrar. Only remedy is to go in appeal or apply for re-registration.

SECTION 12: REGISTERED OFFICE

• Importance( requirement) of Registered office-
  • all communications and notices to a registered Trade Union, any be addressed to its registered office.
• Regarding, notice of change in the address of the head office-
  • should be given within 14 days of such change, to the Registrar, in writing and
  • the changed address should be recorded in the register (referred under section 8)

SECTION 13: INCORPORATION OF REGISTERED TRADE UNION

• When does a Registered Trade Union, is said to be incorporated- 
  • A registered Trade Union, which is a body corporate by the name under which it is registered and
  • having perpetual succession and a common seal with power-
    • to acquire and hold both movable and immovable property and
    • to contract and
    • by the said name sue and be sued.

Case: Saloman V Saloman and Co. Ltd. 1897 AC 22

“Body corporate” means a succession or collection of persons having in the estimate of the law in existence and rights and duties distinct from those of the individual persons who form it from time to time.

SECTION 14: CERTAIN ACTS NOT TO APPLY TO REGISTERED TRADE UNION

• Acts, which are not applicable to any registered Trade Union and the registration of any such Trade Union under any such Act shall be void, namely-
  • The Societies Registration Act, 1860 (21 of 1860),
  • The Co- operative Societies Act, 1912 (2 of 1912) and
  • The Companies Act, 1956 (1 of 956)