CHAPTER
III
REGISTRATIONS OF
TRADE UNIONS
Introduction
• Registration of a trade union is not compulsory but is desirable since a registered trade
union enjoys certain rights and privileges under the Act.
• Registered trade union gets a legal status.
• A registered trade union is a body corporate with perpetual succession and a common seal
• It can acquire, hold sell or transfer any movable or immovable property and can be a party to
contracts.
• It can sue and be sued in its own name
• No civil suit or other legal proceeding can be initiated against a registered trade union in
respect of any act done in furtherance of a trade dispute under certain conditions.
CHAPTER III of IR CODE
Registration of Trade Unions
Section 5 of IR Code Section 8.
Appointment of Registrars Application For registration, alteration
of name and procedure thereof
Section 6. Section 9.
Criteria of registration Registration and Cancellation
Section 7 Section 10.
Provisions to be contained in the rules Appeal against non-registration or
of a Trade Union Cancellation of registration.
Section 5
Appointment of Registrar
5(1) 5(2)
Where an Additional Registrar of
The State Government shall
Trade Unions or a Joint Registrar
appoint a person to be the
Unions or a Deputy Registrar
Registrar, and other persons as
exercises the powers and
Add Reg., Joint Registrar Dep.
performs the duties of the
Reg. of Trade Unions who shall
Registrar such Additional
exercise such powers
Registrar of Trade Unions or a Joint
and perform such duties of the
Registrar or a Deputy Registrar, as
Registrar as the State
the case may be, shall be deemed
Government may, by
to be the Registrar in relation to
notification,
that Trade Union for the purposes of
specify from time to time.
this Code..
Section 6 of IR Code 2020
Criteria for registration
(1)] Any seven or more members 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 respect to registration, apply for registration of the
Trade Union under the code.
(2) No Trade Union of workers shall be registered unless at least ten per cent. of the
workers or one hundred workers, whichever is less, engaged or employed in the
industrial establishment or industry with which it is connected are the members of
such Trade Union on the date of making of application for registration
(3) 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 Union, some of the applicants, but not
exceeding half 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 applications.
(4) A registered Trade Union of workers shall at all times continue to have not less
than ten per cent. of the workers or one hundred workers, whichever is less,
subject to a
minimum of seven, engaged or employed in an industrial establishment or industry
with
which it is connected, as its members.
Criteria of Registration (S.6)
Subscribing their
names to the RULES
of the TU (see s. 7) 10% or 100 whichever less
Apply for Registration ebgaged with the industry
U/S. 6 must be a member of T.U at
By 7 or more members. the time of such application
Min 7 mwembers must me
AND by otherwise member of the TU
Complying with
the Provisions of
the Act with
respect to
Registration
Section 8 of IR Code 2020
Application for Registration
(1) Every application for registration of a Trade Union shall be made to the
Registrar, electronically or otherwise and be accompanied by—
CL. 2 Where a Trade Union has been in existence for more than one year
before the making of an application for its registration, there shall be delivered to the Registrar,
together with the application, a general statement of the assets and liabilities of the Trade Union
prepared in such form and containing such particulars, as may be prescribed.
CL. (3) The Registrar may call for further information for the purpose of satisfying himself that
the application complies with the provisions of this Code and the Trade Union is entitled for
registration under this Code, and may refuse to register the Trade Union until such
information is furnished.
CL. (4) If the name under which the Trade Union is proposed to be registered is identical with that
of an existing registered Trade Union or in the opinion of the Registrar so nearly resembles the
name of an existing Trade Union that such name is likely to deceive the public or the members of
either Trade Union, the Registrar shall require the persons applying for altering the name of the
Trade Union and shall refuse to register the Trade Union until such alteration has been made.
S. 7
Provisions to be contained in
the rules of a Trade Union.
Every Trade Unions are required to have written rules dealing with certain
matters.
These Rules generally determine and govern the relationship b/w the Trade
Union and its members.
They also provide guidance for the internal administration of the trade Union .
The provisions to be contained in Rules are:
1. Must have a executive body 4. The whole of the Purposes for which the
general funds of the Trade Union shall be
applicable, all of which purposes shall be
A Trade Union shall not be entitled to registration purposes to which such funds are lawfully
under this Act, unless the executive thereof is applicable under the code
constituted in accordance with the provisions of
the code.
5. The maintenance of a list of the
2 (n) "executive", in relation to a Trade Union, members of the Trade Union
means the body by whatever name called, to
which the management of the affairs of a Trade
Union is entrusted;
6. The Admission of ordinary members who
2. The Name of the Trade Union 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
3. The whole of the Objects for which the
honorary or temporary members.
Trade Union has been established
7. Subscription Payment: To be
9. The manner in which the rules shall be
presecribed by Govt.
amended, varied or rescinded
PROVISION UNDER EARLIER ACT: The payment of a
minimum subscription by members of the Trade Union 10. the annual general body meeting of the
which shall not be less than— members of the Trade Union, the business
(i) one rupee per annum for rural workers; to be transacted at such meeting,
(ii) three rupees per annum for workers in other
unorganised sectors; and
including the election of office-bearers of
(iii) twelve rupees per annum for workers in any other the Trade Union;
case
11. Election and Removal of executive &
office bearers
8. The conditions under which any member shall
be entitled to any benefit assured by the rules and the manner in which the members of the
under which any fine or forfeiture may be imposed
executive and the other office bearers of the
on the members
Trade Union shall be elected once in a
period of every three years and removed,
and filling of casual vacancies
12. the safe custody of the funds of the
Trade Union, an annual audit of the
accounts thereof, and adequate facilities 14. The manner in which the
for the inspection of the account books Trade Union may be dissolved
by the office-bearers and members of the
Trade Union;
13. the manner in which the rules shall
be amended, varied or rescinded
In M.T CHANDERSENAN V. SUKUMARAN ( AIR 1974)
It was held that if subscriptions are not paid in accordance with the bye laws of the
trade unions, persons who have failed to pay cannot be considered as members of
the Union. But subscriptions should not be refused under some pretext which results
in denial of membership.
In Bokajan Cement Corp. Employees Union v. Cement Corp. of India Ltd.
( 2004)
That an employee would not automatically cease to be a member of a trade union on
termination of his employment because there was no such provision either in Trade
Union Act or in the Constitution of the Union.
S. 9
Registration of Trade Union
and cancellation thereof.
Cl. 1 REGISTRATION: The Registrar shall, on being satisfied that the Trade Union has
complied with all the requirements of the provisions of this Chapter in regard to registration,
register the Trade Union by entering in a register, to be maintained in such form as may
be prescribed, the particulars relating to the Trade Union contained in the statement
accompanying the application for registration.
Cl. 2 CERTIFICATE: Where the Registrar makes an order for registration of a Trade
Union, he shall issue a certificate of registration to the applicant Trade Union, in such form
as may be prescribed, which shall be the conclusive evidence that the Trade Union has been
registered under this Code.
Re Indian Steam Navigation Workers Union v. Union (1936)
● The Registrar refused to register the TU for the application made for registration was said to be an
attempt to have another Trade union
● While passing the order rejecting the application , the registrar relied on a letter sent by general
Secy of this Union to Bengal Govt. (Letter was sent before the application of registration filed)
wherein it was it was stated that he had been directed by general Body of the Union to approach the
Govt. and declare that the trade union which was earlier known as R.S.N AN [Link] that was declared
as unlawful association, such declaration be withdrawn.
● The registrar appeared to have acted on the basis of the letter without bringing it into the notice of
the union or without giving an opportunity to the union expressing its views on the statements in
the letter.
● An appeal was made.
● Calcutta H.C Held
● “it was the duty of the Registrar to examine the application and to look at the objects for which the
TU was formed.
● If these objects were objects set out in the act and not outside the scope of this Act and if all the
requirement of the Act and Regulations made had been compiled, it was his duty to register the Union.
● The registrar was not at that stage entitled to go into question whether the Union was another TU which
was registered and which was seeking the registration under a different name.
● The registrar when he relied on the letter to the Bengal Govt. ought to have brought into notice of the
Union before he acted.
Drag your dot to how you are feeling:
Keep going, I understand I’m a little confused Stop, I need help!
Stretch Break!
Let’s take 5 minutes to stretch
S. 9 (cl. 5 – 7) CANCELLATION OF REGISTRATION
Contravention of Membership falls When ordered
Application provisions of code below 10% or 100 by Tribunal
By Trade Union On Certificate to be
information cancelled by
If the
received by Registrar Registrar on
Registrar receiving such
satisfied.
order
CANCELLATION OF REGISTRATION
Provided that not less than sixty While cancelling the certificate of
days previous notice in writing by registration of a Trade Union, the
Registrar -Registrar shall record the reasons
for doing so and
-communicate the same in writing
-specifying the grounds
to the Trade Union concerned.
-before cancellation such
notice to be given.
s. 9 Cl. 5 CANCELLATION OF TRADE UNION
The certificate of registration of a Trade Union may be withdrawn or cancelled
by the Registrar,—
(i) on the application of the Trade Union verified in such manner as may be
prescribed; or
(ii) on the information received by him regarding the contravention by the
Trade Union of the provisions of this Code or the rules made thereunder or its
constitution or rules; or
(iii) if he is satisfied that the members in a Trade Union falls below ten per cent.
of total workers or one hundred workers, whichever is less:
Provided that not less than sixty days previous notice in writing specifying the
grounds on which it is proposed to cancel the certificate of registration of a Trade Union
shall be given by the Registrar to the Trade Union before the certificate of registration is
cancelled otherwise than on the application of the Trade Union.
(6) A certificate of registration of a Trade Union shall be cancelled by the Registrar
where a Tribunal has made an order for cancellation of registration of such Trade Union.
(7) While cancelling the certificate of registration of a Trade Union, the Registrar shall
record the reasons for doing so and communicate the same in writing to the Trade Union
concerned.
Appeal against Non Registration, or
Cancellation of Trade unions ( S. 10)
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Section 10: APPEAL
Cl. 1
Any person aggrieved by the refusal of the Registrar to grant registration to a
Trade Union under section 9 or by cancellation of a certificate of registration under
sub-section (5) of the said section, may within such period as may be prescribed, prefer
an
appeal to the Tribunal:
Provided that the Tribunal may entertain the appeal after the limitation prescribed for
preferring the appeal under this sub-section, if the appellant satisfies the Tribunal that
such delay has been caused due to sufficient reason or unavoidable circumstances.
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ORDERS WHICH MAY BE PASSED BY TRIBUNAL (CL. 2))
S. 10 (2) PROVIDES THAT :
The Tribunal may after giving the parties concerned an opportunity of being
heard -
● 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.
CASE LAWS
32
Mukund Iron and Steel Works Ltd. V. V.G Deshpande, Registrar of Trade Union Bombay
(1986)
Issue:
Whether Registrar once it cancels/withdraws the Registration, can review it again and
withdraw that order because of subsequent events?
Facts:
• The registration of Trade Union was cancelled for contravention of the provision of S.28 of TU
Act by failing to send annual return.
• Later on, the Registrar of Trade Unions withdrew the cancellation of registration on grounds
that returns have been submitted subsequently.
• Therefore the question arose whether the registrar had the power to withdraw the
cancellation of Registration.
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HELD:
• Trade union whose registration has been cancelled has remedies in the form of
appeal or in the form of fresh registration.
• If the appeal succeeds the order of cancellation could be held to be void ab initio
and union would continue as if order of cancellation has not been passed.
• Once the Registrar cancels the Registration he has no power to review it and he
cannot withdraw the order.
• Hence, the order of Registrar withdrawing the cancellation order is without
Justification.
Thankyou