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0% found this document useful (0 votes)
26 views9 pagesLabour Law
Ll
Uploaded by
andan2724Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
CHAPTER 2
REGISTRATION OF TRADE UNIONS
This Chapter deals with :
I, REGISTRATION OF TRADE UNION
Il. RIGHTS AND LIABILITIES OF REGISTERED TRADE
UNION.
I, REGISTRATION OF TRADE UNION
According to Sec. 2 (d) of the Trade Union Act, 1926, "Registered Trade
Union" means a Trade Union registered under the Trade Unions Act, 1926. The
Act provides for the procedure for the registration of the Trade Union from
Sec. 3 to Sec. 8 of the Act. The Act also provides for the authority of Registrar_
and procedure for the registration of the Trade Union as follows—
(1) The authority of the Registrar to register the Trade Unions, (Secs. 2,
3 and 8).
(2) The procedure for the registration of Trade Unions, (Secs. 3, 4, 5, 6,
7 and 8).
1, The Authority of the Registrar to register the Trade Unions.
The Trade Unions Act provides for the Registrar as an authority to register
the trade Unions under Secs. 2(f) and 3 as follows :
Sec. 2 (f), of the Act defines "registrar" as follows :
2(£). "Registrar" means—
“~@_a Registrar of Trade Unions appointed by the appropriate
Government under section 3 and includes any additional or deputy
Registrar of Trade Unions; and ) 7 : =a
(ii) in relation to any Trade Union, the Registrar appointed
for the State in which the head or registered office, as the case
may be, of the Trade Union is situated. SOS
Appointment of Registrar (Sec. 3).
According to Sec. 3 (1), the Registrar for each State is appointed by the
appropriate Government ~~ == -
Additional and Deputy Registrar [Secs. 3 (2), 3 (3)]
According to sec. 3 (2), the appropriate Government may appoint as many
Additional or Deputy Registrars of Trade Unions as it thinks fit. The Additional
and Deputy Registrars are appointed for the purpose of exercising and
discharging such powers_and functions of the Registrar_as_the appropriate
Gover may specify by order. The appropriate Government may define,
the local limits within which any such Additional or Deputy Registrar exercises
and discharge the powers and functions so specified. The Additional and
Deputy Registrars exercise such powers and functions under the
(241)
ZZ» =_= >=
242 THE TRADE UNIONS ACT, 1926
superintendence and control of the Registrar of Trade Unions arges the
Where an Additional or Deputy Registrar exercises #5 “the registered
powers and functions of a Registrar in an area within "ty Registrar is
office of a Trade Union is situated, the Additional or | the purposes of
deemed to be the Registrar in relation to the Trade Union for Ph
this Act.’ jate Government
Sec. 3. Appointment of Registrars—(1) The @PPPOPET. ach State.
shall appoint a person to be the Registrar of Trade Unions wt a ay ang
"@) The appropriate Government may appoint a6 My. exercising
Deputy Registrars of Trade Unions as it thinks fit for the PRPO. octrar, such
and discharging, under the superintendence and direction © crder, specify
powers and functions of the Registrar under this Act as itm aio nal or Deputy
and define the local limits within which any such Ad 4 ee so specified
Registrar shall exercise and discharge the powers and functio . i ead
(3) Subject to the provisions of any order under sub ion ae ahd
an Additional or Deputy Registrar exercises and discharges ffi Pr fa Tratl
functions of a Registrar in an area within which the registered office of a Trade
Union is situated, the Additional or Deputy Registrar shall be deemed to be
the Registrar in relation to the Trade Union for the purposes of this Act.
Function of the Registrar (Sec. 8)
‘An application is filed before the Registrar for the registration of a Trade
Union under the Act. The function of the Registrar is to examine. theapplication
and look at the objects for which the Union is formed. If these objects do not
go outside the objects prescribed in the Act, and if all the requirements Of the
Act and the regulations made thereunder are complied with, it is the duty of
the Registrar to register the Trade Union?
Regarding the jurisdiction of the Registrar, the Patna High Court in
Mukand Ram Tanti v. S.1. Raza, Registrar, Trade Unions, Bihar, held as follows :
"The Registrar of Trade Union has full jurisdiction to enquire about
the legality of the new election of the office bearers of a union for the
purpose of maintaining a proper register showing’ the names of the
office-bearers who may be at the relevant time required to comply with
the provisions of the Act or to be dealt with in accordance therewith."
In North Eastern Railway Employees’ Union v. Third Additional District Judge,
Fart the supra Court held that the Registrar of Trade Unions or an
officer nominated by him for that purpose can alone be di High
Court to hold the Trade Union elevtion ke.
According to Sec. 8, the Registrar, on being satisfied that the Trade Union
has complied with all the requirements of the Trade Unions Act, 1926, in regard
to registration, shall register the Trade Union. ’
In North Eastern Railway Employees’ Union v. Third Additic istric
L itional District Judge,
Farukhabad,’ the Supreme Court held that the Registrar of trade unions q the
1. Sec. 3(3).
2. Inland Steam Navigation Workers Union's case, AIR 1
3. AIR 1962 Pat. 338. a 1936 Cal. 57.
4, 1988 II LLJ 332 (SC).
5. Ibid. REGISTRATION OF TRADE UNIONS 243
authority charged with the duty of administering the provisions of the Trade
Unions Act.
2 Procedure for the registration of the Trade Union (Secs. 4, 5, 6, 7
and zs .
Procedure for the registration of the Trade Union has been laid down
under Secs. 4, 5, 6, 7 and 8 of the Trade Unions Act, 1926 as follows —
(a) Application for the registration by seven or more members of the Trade
Union (Sec. 4)
An application for the registration of the Trade Union is made to the
Registrar under sub-section (1) of Sec. 4 of the Act. According to Sec. 4 (1),
any seven or more members of a Trade Union may apply for the registration
of a Trade Union.
The seven or more members of a Trade Union applying for registration
subscribe their names to the rules of the Trade Union and comply with the
other provisions of the Act with respect to registration.
Where an application for registration of a Trade Union has been made
under sec. 4 (1), it is not to be deemed to have become invalid merely by
reason of the fact that, at any time after the date of the application, but before
the registration of the Trade Union, some of the members of the Trade Union,
who are the applicants either cease to be the member of the Trade Union. Or
they have given notice in writing to the Registrar dissociating themselves from
the application before registration. But the application for registration is deemed
to have become invalid if before registration the number of the applicants
ceasing to be the member of the Trade Union or giving notice to the Registrar
dissociating themselves from the application exceeds half of the total number
of the applicants.”
Section 4 of the Trade Unions Act, 1926 reads as follows =,
Sec. 4. Mode of registration—(1) Any sven or moresmembers of
a Trade Union may, by subscribing their names to the rules of the Trade
Union and by otherwise complying with the provisions of this Act with
Tespect to registration, apply for registration of the Trade Union under
this Act. -
(2) Where an application has been made under sub-section (1) for
the registration of a Trade Union, such application shall not be deemed
to have become invalid merely by reason of the fact that, at any time
after the date of the application, but before the registration of the Trade on
Union, some of the applicants, but not exceeding Ralf) of the total number = /.
of persons who made the application, have ceased to be members of the
Trade Union or have given notice in writing to the Registrar dissociating
themselves from the application : : ;
___ "Provided that no Trade Union of workmen shall be registered unless poy,
{at least ten per cent‘or one hundred of the workmen, eT td ee a
gaged or employed in the establishment or industry wi faking 199,
connected are the members of such Trade Union on the “date o! pest
- Sec. 4(2). >_
cra anlessfit_has)on the
2s THE TRADE UNIONS ACT, 1926
1 registration :
f ication fo
ere that no Trade Union of workmen shall be registered
Provided furthet
‘persons as its members, who are workmen engaged or employed in the
establishment
rs to accompany the application for registration [Sec. 5(1)].
Sec. 5 of the Trade Unions Act, 1926 specifies the particulars that must
accompany an application for the registration of the Trade Union.
According to Sec. 5(1), following particulars must accompany every
application for the registration of the Trade Union
(i) a copy of the rules of the trade Union, and
(ii)_a Statement of the following particulars, namely :—
(a) the names, occupations and addresses of place of work of
the members making application; aes
(b) the name of the Trade Union and the address of its head
office; and
(c) the titles, names, ages, addresses, and occupations of the
For industry with which it is connected.”
(b) Particula
office bearers of the Trade Union.
Statement of assets and liabilities. [Sec. 5 (2)].
‘A Trade Union may be in existence for more than one_year before an
application for its registration is made under Sec. 4 (1) of the Act. In such case,
according to Sec. 5 (2), a general statement of the assets and liabilities of such
Trade Union must be accompanied with the application to the Registrar for its
registration. The statement of the assets and liabilities of such Trade Union is
prepared in such form and contains such particulars as may be prescribed for
the purpose of Trade Unions Act, 1926.
ion of Trade Union (Sec. 6)—
‘cording to sec. 6, a Trade Union shall
tive thereof is
ntial conditions for registral
1. Constitution of execu
not be entitled to registration under the Act unless the ex
constituted in accordance with the provisions of the Trade Unions Act.
Sec, 2 (a) of the Trade Unions Act, 1926 defines “executive” as under :
2(a). “executive” means the body, by whatever name called, to
(o)
which the management of the affairs of a Tra: i "
5 at of the’ ‘ade Union is entrusted’
Office bearer [Sec. 2 (b)]—Sec. 2 (b) of the Trade Unions Act, 1926 defines
“olfice bearer" as follows
2(b). “office bearer’ in the
: case of a Trade Union, includes any
member of the executive thereof, but does not ificInde er
22) serortion OF fice bearers to be connected with the industry (Se
- : ci Bae ens Act, 1926 provides as follows :
. I less_than fic
bearers of every registered “Taese fat Of the total_number of the offe
persons actually engaged pie an the
Trade Union is connected an with which
ears that the SPPropriate Government may, by special or genet!
z Provisions of this Section shall not apply © #7
date of making application not less_than seven REGISTRATION OF TRADE UNIONS 245
Trade Union or class of Trade Unions specified in the order.
Explanation —For the purposes of this Section, "unorganised sector"
means any sector which the appropriate Government may, by notification
in the Official Gazette, specify. ; =
(2) Save as otherwise provided in sub-section (1), all office bearers
of a registered Trade Union, except not more than one-third of the totalc!
number of the office bearers or five, whichever is Jess) shall be persons
actually engaged or employed in the establishment or industry with which =
the Trade Union is connected.
Explanation—For the purposes of this sub-section, an empl
has retired or has been retrenched shall not be construed as oul
the purpose of holding an‘office ina Trade Union. SOS
(3) No member of the Cou person
office _of profit (not being, an engagement or employment in an
establishment or industry with which the Trade Union, is connected), in
the Union or a State, shall be a member of the executive or other office
bearer of a registered Trade Union.” ee
Disqualification of office bearers of Trade Unions [Sec. (21-A)]—
According to sub-section (1) of Sec. 2I-A, a person shall be disqualified for
being chosen as, and for being member of the executive or any other office
bearer of a registered Trade Union if—
(i) he has not attained the age of eighteen years,
(ii) he has been convicted by a Court in India of any offence,
involving moral turpitude and sentenced to imprisonment, unless a period
of five years has elapsed since his release)
According to sub-sec. (2) of Sec. 21-A, any member of the executive or
other office bearer of a registered Trade Union who, before the commencement
of the Indian Trade Unions (Amendment) Act, 1964, has been convicted of any
offence involving moral turpitude and sentenced to imprisonment, shall on the
date of such commencement cease to be such member or office bearer unless
4 period of five years has elapsed since his release before that date.
vee who,
(a) The rules of the Trade Union must provide for the matters specified
under Sec. 6.
The rules\of the Trade Union to be registered must provide for the matters
Specified under Sec. 6. of the Trade Unions Act, 1926.
The matters to be provided in the rules of a Trade Union to be registered,
4S specified under sec. 6 are —
(a) the name of the Trade Union;
(b) the whole of the objects for which the Trade Union has been
2a ; hich the general funds of the
c) the whole of the purposes for whicl zene inds of
Trade Union Shull He appliable aIPOF which: purposes shall be purposes
to which such funds are lawfully applicable under this Act; |
(d) the maintenance of a list of the members of the Trade ae
and adequate facilities for the inspection thereof by the office bearers 2
Members of Trade Union;
I
i —_
246 THE TRADE UNIONS ACT, 1926
(e) 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;
(ee) the payment of a minimum subscription by members of the
Trade Union which shall not be less than:
(i) one rupee per annum for rural workers; ~
i) three rupees per annum for workers in other unorganised sectors;
and
i) twelve rupees per annum for workers in any other case;
() the conditions under which any member shall be entitléd to any
benefit assured by the rules and under which any fine or forfeiture may
be ‘imposed on the members;
(g) the manner in which the rules shall be amended, varied or
rescinded; = ~~ a
(h) the manner in which the members of the executive and the other
office bearers of the Trade Union shall be elected and removed;
(hh) the duration of period being not more than three years, for
wich the members of the executive and other office beaters of the Trade
Union shall be elected;
(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 [office
bearers] and members of the Trade Union; and
() the manner in which the Trade Union may be dissolved.
(e) Further particulars called by the Registrar [Sec. 7 (1)].
According to sub-sec. (1) of Sec. 7, the Registrar may call for further
information for the purpose of satisfying himself that an application for
registration of Trade Union complies with the provision of Sec. 5. The Registrar
may call for further information to satisfy himself that the trade union is
entitled to registration under Sec. 6 of the Act. The Registrar may refuse) to
register the trade union until such information is supplied to him.
Alteration of the name_of the Trade Union [Sec. 7 (2)].
The name under which a Trade Union is proposed to be registered may
be identical with that by which any other existing Trade Union has been
registered. In such case the Registrar may form an opinion that the name is
identical so much that it is likely to deceive the public or the members of other
Trade Union. In such case according to sec. 7 (2), the Registrar shall require
the persons applying for the registration to alter the name of the Trade Union
stated in the application for registration.
(f) Registration (Sec. 8)
According to Sec. 8, on being satisfied that the Trade Union has complied
with all the requirements, the Registrar registers the Trade Union. A Trade
Union is registered by entering the particulars relating to the Trade Union in
a register maintained for the purpose in the prescribed form. The particulars REGISTRATION OF TRADE UNIONS 26
a
entered in the register are the particulars contained
accompanying the application for re
istration.
Im Re Inland Steam Navigation Workers’ Union?
in the statement
In Re Inland Steam Navigation Workers’ Union case,* the Calcutta High Court
held as follows :-—
Prescribed in the Act, and if all the requirements of the Act and the
regulations made thereunder
are complied with, it is his duty to register
the Union."
Regarding the jurisdiction
of the Registrar, the Patna High Court in
Mukand Ram Tanti v. S.L. Raza, Ré
egistrar, Trade Unions, Bihar? held as follows :
"The Registrar of Trade Union has full jurisdiction to enquire about
the legality of the new election of the office bearers of a Union for the
Purpose of maintaining a proper register showing the names of the office
bearers who may be at the relevant time required to comply with the
Provisions of the Act or to be dealt with in accordance therewith.”
(g) Certificate of registration (Sec. 9)
The Registrar, on registering a Trade Union under Sec. 8 of the Act issues
a certificate of registration under Sec. 9 of the Act. The certificate of registration
is issued in the prescribed form.
The_certificate of registration issued under sec. 9 of the Act-is the
