Registration of Trade Union and Remedies for Non-Registration Or Cancellation of Trade Union

  • BACKGROUND

As an organised movement, In earlier era trade unions began to take shape in India in the years immediately following the end of the World War I. That rises of trade unions , a new development in the society. In its long history through the ayes there’s no organisation which can be regarded as prototype of a trade union. “There are some similarities between a trade union and caste, but there are more dissimilarities then similarities. A caste is many a time unite to a profession or organist. As link between the caste and the profession or craft also break down in later years.”

Some how it’s only in India that trade unions are mixed up with politics. Trade unions in all countries are more or less ‘political’ in India.

In 1926, the Trade Unions Act was passed which was a landmark in the history of the trade union movement in this country. The which Act gave a legal status to registered trade unions and conferred on them and their members a measure of immunity from civil suits and criminal prosecution. So Registration of Trade Unions enhanced the status of unions in the eyes of the general public and the employers.

  • REGISTRATION OF TRADE UNION (Section 3 To 9)
Trade Unions in India are registered and file annual return under the Trade Union Act (1926). As it is statistics are collected annually by the Labour Bureau of the Ministry of Labour, Government of India. So, to deal with the provisions of the registration of trade unions procedure as follows :-

1.      Appointment of Registrar: (Section 3)

The Trade Union Act, 1926 empowers with appropriate Government to appoint a person to be registrar of Trade Unions. Further the appropriate Government be  State or Central, as the case may be is also empowered to appoint additional and Deputy Registrars as it thinks fit for the purpose of exercising and discharging the powers and duties of the Registrar. However, such person works under the superintendence and direction of the Registrar.

2.      Mode of Registration (Section 4)

Any 7 or more persons who want to form a trade union, can apply for its registration to the Registration of Trade Unions under Section 4 (1) of the Trade Unions Act, 1926. These applicants must be members of a trade union.

So, to check the multiplicity of trade unions, one school of thought has proposed the number of persons forming a trade union for purposes of registration be reasonably increased to 10% of employees of the unit, subject to a minimum of 7 persons employed therein This is expected to strengthen the trade union movement.

  • Application for registration(Section 5)

Further the application for registration must be sent to the Registrar of Trade Unions in Form “A” as required by the Trade Union Act, 1926 under Section 5 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 in existence for more than a year, then a copy of the assets and liabilities shall  be submitted along with the application for registration.

4.      Provisions to be contained in the rules of a Trade Union (Section 6)

A trade union shall be entitled to registration under this Act, unless the executive thereof is constituted in accordance with  provisions of this Act.

  • Provides power to call for further particulars and to require alteration of name (Section 7)
  • Power to ask for further information to satisfy

himself

  • Power to ask to change name of Trade Union
  • Union with same name or devising or confusing to public or member.
  • Registration (Section 8)
  • Satisfaction of all the requirements which are necessary for registration.
  • Mandatory to Registrar to register Trade Union if union satisfies all technical requirements.

7.      Certificate of registration (Section 9)

Registrar issue the certificate of the Registration in the prescribed form and it is an conclusive evidence under it.

  • REMEDIES FOR NON-REGISTRATION OR CANCELLATION OF REGISTRATION OF TRADE UNION (Section 10 and 11)
  • Registrar has a power to cancel the Trade Union registration under Section 10 of following conditions:

1.Application of Trade Union Registration obtained by fraud or mistake.

2.Trade Union cease to exist.

3.Trade Union wilfully, contravened or allowed any rule continue after notice giving Registrar.

4.Rescinds any rule providing for any matter.

5.Workmen of Trade Union cease to have the requisite number of members.

  • Remedies available for cancellation of Registration under trade union. (Section 11 Appeal)

The words ‘person aggrieved’ used in the section includes a trade union, registration of which is cancelled by the Registrar and  a trade union can file an appeal under the section against the order of cancellation. Further, an appeal against an order of the Registrar should be filed on the original side of the High Court.

  • CONCLUSION

So, the  Trade Union Act, 1926, provide for registration of Trade union. Beside the Chapter II of the Act provides for the Registration of Trade Union and Section 3 to 6 gives details about it. Appropriate government appointed the  Registrar for each state to make registration of Trade Union under this Act. Because, the Trade Union must have to fulfil all the requirements which necessary for the registration of the Union otherwise it’s  rejected by Registrar.

The registration of a trade union is not necessary. However, further upon registration, a trade union gets several benefits including some immunities that are not available to an unregistered Trade Union. Further, Section 7 to 10 is related to Registration, certificate of registration and cancellation of certificate of the Trade Union.

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