PROJECT WORK

CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW AND GOVERNANCE

LABOUR AND
INDUSTRIAL LAW
‘Registered v. Unregistered Trade Unions’

KUMAR ABHISHEK
CUSB1613125025
 ACKNOWLEDGEMENT

I owe a sincere thanks to many people who helped me and guided me in writing of this
project on the topic ‘Registered v. Unregistered Trade Unions’. My deepest thanks to my
teacher Mr. Ram Chandra Oraon Sir for guiding and helping at every stage during the
completion of this project with sincere attention and care.

Again, I would like to thank all mighty and my friends for supporting me in whole
process of this project completion. At last, my deep sense of gratitude also goes to my
friends, institution and every single person who are related with this project in any way
and without whom this project would have been a distant reality.

KUMAR ABHISHEK

1
 TABLE OF CONTENTS

INTRODUCTION........................................................................................................................................... 3
TRADE UNION: MEANING & DEFINITION............................................................................................. 4
FEATURES OF TRADE UNIONS................................................................................................5
TRADE UNION MOVEMENT IN INDIA..................................................................................................... 6
REGISTERED TRADE UNION..................................................................................................................... 7
Appointment of Registrar...............................................................................................................8
Mode of Registration.......................................................................................................................8
Application for registration............................................................................................................9
Provisions to be contained in the rules of Trade Union................................................................9
Registration.................................................................................................................................... 10
Certificate of registration.............................................................................................................. 10
Legal status of a registered Trade Union..................................................................................... 11
UNREGISTERED TRADE UNION............................................................................................................. 11
DIFFERENCES BETWEEN REGISTERED & UNREGISTERED TRADE UNION............................... 12
Registered Trade Union................................................................................................................ 12
Unregistered Trade Union............................................................................................................ 13
RELEVANT CASE LAWS............................................................................................................................ 14
CONCLUSION............................................................................................................................................... 18
BIBLIOGRAPHY.......................................................................................................................................... 19

2
INTRODUCTION

Trade union is an outcome of the factory system, it is based on labour philosophy-''united we

stand, divided we fall.'' Trade unions are now considered sub-system, which seeks to serve
the specific work sub-group and also considers itself a part of organization, in terms of latter's
viability and contribution to the growth of the community of which it is part. Trade unions
came into being for a variety of purposes.

Employer also found it advantage to deal with a group, or a representative of group rather
than go through the process of dealing with each individual over a length of time.

With changed political, social and educational environment in terms of awareness of rights,
the right to organize, the right to bargain, and settle terms and condition of employment -
labour or worker unions sprang up in order to protect and further worker interests.
Additionally, the political parties interested in acquiring a foothold in the labour movement
also provided the impetus for the impetus for the formation of labour unions.

Trade unions emerged as a reaction to the factory system and capitalist society. In the early
stage of industrialization, working class in the absence of legal protection felt employed at
the hands of employers. Worker joined hands to protect their interests through collective
action. A trade union is, thus an organized expression of the needs, aspirations and attitudes
of working class.

The purpose of these unions is to look into the grievances of wagers and present a collective
voice in front of the management. Hence, it acts as the medium of communication between
the workers and management. Regulation of relations, settlement of grievances, raising new
demands on behalf of workers, collective bargaining and negotiations are the other key
principle functions that these trade unions perform.

Trade union/labour union came into being as an agent of workers and working class at large.
It performed and still perform two function; one to work for the redistribution of some of the
nation's wealth by rising wages and earning of its member. This enables workers at their own
to improve their living standard and in the process become better equipped to deal with
inferable economic condition.

3
Labour unions or trade unions are organizations formed by workers from related fields that
work for the common interest of its members.

TRADE UNION: MEANING & DEFINITION

According to Flippo : “A labour union or trade union is an organization of workers formed to

promotes, project & improve through collective action the social economics & political
interest of a member”.

After an analysis of the above definition, the following feature of trade union emerges.

a. It is an organization farmed by employers of workers.

b. It includes federating trade union also
1
c. It achieves its objective through collective action & group efforts .

In India until 1926, no legislative attempt was to delineate the contours of the expression ''trade
union'' or any of its synonyms in 1926, Section 2 (h) of Trade Union Act, 1926, has defined a
trade union as, “any combinations whether temporary or permanent formed primarily for the
purpose of regulating the relation between workman and employees or between workman and
workman or between employer and employees or imposing restricted conditions on the conduct
of the any trade union or business and included any federations of two or more trade union”.

This definition is very exhaustive as it includes associations of both the workers and
employers and the federations of their associations. Here, the relationships that have been
talked about are both temporary and permanent.

This means it applies to temporary workers (or contractual employees) as well. Then this
definition, primarily, talks about three relationships. They are the relationships between the:

• workmen and workmen,

• workmen and employers, and
• employers and employers.

1
. Trade Union available at www.scribd.com/ (last visited on 17-11-2019)
4
By the above definitions of the trade unions, it can be seen as a group of employees in a
particular sector, whose aim is to negotiate with employers over pay, job security, working
hours, etc, using the collective power of its members. In general, a union is there to represent
the interests of its members, and may even engage in political activity where legislation
affects their members. Trade unions are voluntary associations formed for the pursuit of
protecting the common interests of its members and also promote welfare. They protect the
2
economic, political and social interests of their members .

FEATURES OF TRADE UNIONS

1. It is an association either of employers or employees or of independent workers. They

may consist of :-
o Employers’ association (eg., Employer’s Federation of India, Indian paper mill
association, etc.)
o General labour unions
o Friendly societies
o Unions of intellectual labour (eg, All India Teachers Association)
2. It is formed on a continuous basis. It is a permanent body and not a casual or
temporary one. They persist throughout the year.
3. It is formed to protect and promote all kinds of interests –economic, political and
social-of its members. The dominant interest with which a union is concerned is,
however, economic.
4. It achieves its objectives through collective action and group effort. Negotiations and
collective bargaining are the tools for accomplishing objectives.
5. Trade unions have shown remarkable progress since their inception; moreover, the
character of trade unions has also been changing. In spite of only focusing on the
economic benefits of workers, the trade unions are also working towards raising the
3
status of labours as a part of industry .

. S C Srivastava, Industrial Relations And Labour Law, at p.161(Vikas Publishing House,Noida,6 th Edn.)
2
3
. Labour Law Registration available at https://www.legalbites.in/law-notes-labour-law-registration-
trade-union-act-1926/ (last visited on 17-11-2019)
5
TRADE UNION MOVEMENT IN INDIA

The first organized Trade Union in India named as the Madras Labour Union was formed in
the year 1918. From the beginning itself, Trade Unions were not confined to workers alone.
From 19thCentury itself there were Employer’s associations in the form of Chamber of
Commerce, Industrial Associations etc. to protect and promote the interests of their members
in a concerted manner. After independence, expansion of industrial activity and grouping
worker’s Trade Unions acted as a spur for strengthening and expansion of employers’
4
organization .

In industrially advanced countries, trade unionism has made a great impact on the social,
political and economic life. India, being an agricultural country, trade unionism is restricted
to industrial areas and it is still in a stage of growth. The earliest known trade unions in India
were the Bombay Millhand's Association formed in 1890, the Amalgamated Society of
railway servants of India and Burma formed in 1897, Printers' Union formed in Calcutta in
1905, the Bombay Postal Union which was formed in 1907, the Kamgar Hitwardhak Sabha
Bombay formed in 1910.

Trade Union movement began in India after the end of First World War. After a decade
following the end of First World War the pressing need for the coordination of the activities
of the individual unions was recognised. Thus, the All India Trade Union Congress was
formed in 1920 on a National Basis, the Central Labour Board, Bombay and the Bengal
Trades Union Federation was formed in 1922. The All India Railwaymen's Federation was
formed in the same year and this was followed by the creation of both Provincial and Central
federations of unions of postal and telegraph employees.

The origin of the passing of a Trade Unions Act in India was the historic Buckingham Mill
case of 1940 in which the Madras High Court granted an interim injunction against the Strike
Committee of the Madras Labour Union forbidding them to induce certain workers to break
their contracts of employment by refusing to return to work. Trade Union leaders found that
they were liable to prosecution and imprisonment for bona fide union activities and it was felt
that some legislation for the protection of trade union was necessary. In March, 1921, Shri N.

4
. Supra Note 2 at p.164
6
M. Joshi, then General Secretary of the All India Trade Union Congress, successfully moved
a resolution in the Central Legislative Assembly recommending that Government should
introduce legislation for the registration and protection of trade unions. Opposition from
employers to the adoption of such a measure was, however, so great that it was not until 1926
that the Indian Trade Unions Act was passed.

At last, the Indian Trade Unions Bill, 1925 having been passed by the Legislature received its
assent on 25th March, 1926. It came into force on 1st June, 1927 as the Indian Trade Unions
Act, 1926 (16 of 1926). By section 3 of the Indian Trade Unions (Amendment) Act, 1964 (38
of 1964) the word "Indian" has been omitted and now it is known as THE TRADE UNIONS
5
ACT, 1926 (16 of 1926) .

REGISTERED TRADE UNION

The Trade Unions Act, 1926, was enacted with a view to encourage the formation of permanent
and stable trade unions and to protect their members from certain civil and criminal liabilities.
6
The registration of a trade union is, however, not conclusive proof of its existence .

Registration of a trade union is not compulsory but is desirable since a registered trade union
enjoys certain rights and privileges under the Act. Minimum seven workers of an establishment
(or seven employers) can form a trade union and apply to the Registrar for its registration.

• The application for registration should be in the prescribed form and accompanied by the
prescribed fee, a copy of the rules of the union signed by at least 7 members, and a
statement containing
a. the names, addresses and occupations of the members making the application,
b. the name of the trade union and the addresses of its head office, and
c. the titles, names, ages, addresses and occupations of its office bearers.
• If the union has been in existence for more than a year, then a statement of its assets and
liabilities in the prescribed form should be submitted along with the application.

5
. Recognition of trade union available at https://www.lawteacher.net/free-law-essays/employment-
law/recognition-of-trade-unions-employment-law-essay.php (last visited on 17-11-2019)
6
. Kandan Textile Ltd v. Industrial Tribunal, AIR 1951 Mad. 661
7
• The registrar may call for further information for satisfying himself that the application is
complete and is in accordance with the provisions, and that the proposed name does not
resemble
• On being satisfied with all the requirements, the registrar shall register the trade union and
7
issue a certificate of registration, which shall be conclusive evidence of its registration .

Appointment of Registrar

Section 3 of the Trade Union Act, 1926 empowers the appropriate Government to appoint a
person to be registrar of Trade Unions. The appropriate Government be it 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 will work under the superintendence and direction of the Registrar. He
may exercise such powers and functions of Registrar with a local limit as may be specified
8
for this purpose .

Mode of Registration

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

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

7
. Trade Union Registration available at https://www.advocatekhoj.com/library/lawareas/tradeunion/registration.php
(last visited on 17-11-2019)
8
. Procedure for registration of Tarde Union available at http://www.yourarticlelibrary.com/trade-
unions/procedures-for-the-registration-of-trade-unions/35465 (last visited on 17-11-2019)
8
The application for registration must be sent to the Registrar of Trade Unions in Form "A" as
9
required by the Trade Union Act, 1926 under Section 5 .

Application for registration

According to Section 5 of the Trade Union Act, 1926, every application for the registration
of the trade union shall be made to the Registrar and shall be accompanied by a copy of the
rules of the Trade Union and a statement of the following particulars namely-

1. The names, occupations and addresses of the members making the application;
2. The name of the trade union and the address of its head office, and
3. 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 also be submitted along with the application for registration.

Provisions to be contained in the rules of Trade Union

According to Section 6 of the Trade Union Act, 1926, a Trade Union shall not be entitled to
registration under the Act unless the executive committee has been established in accordance
with the provisions of the Act and the rules provide for the following-

1. The name of the trade union;

2. The whole of the objects for which the trade union has been established;

3. The whole of the purposes for which the general funds of the trade union shall be applicable;

4. The maintenance of a list of the members of the trade union;

5. The admission of ordinary members who shall be persons actually engaged or employed in
an industry with which the trade union is connected;

6. 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;

7. The manner in which the rules shall be amended, varied or rescinded;

9
. Supra Note 2 at p.174
9
 8. The manner in which the members of the executive and the other office bearers of the
Trade Union shall be elected and removed;

9. 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;

10. The manner in which the trade union may be dissolved.

Section 7 provides power to call for further particulars and to require alteration of name-

I. The Registrar may call for further information for the purpose of satisfying himself that
any application complies with the provisions of section 5, or that the Trade Union is
entitled to registration under section 6, and may refuse to register the Trade Union until
such information is supplied.
II. If the name under which the Trade Union is proposed to be registered is identical with
that by which any other existing Trade Union has been registered or, in the opinion of the
Registrar, so nearly resembles such name as to be likely to deceive the public or the
members of either Trade Union, the Registrar shall require the persons applying for
registration to alter the name of the Trade Union stated in the application, and shall
10
refuse to register the Union until such alteration has been made .

Registration

According to Section 8 of the Trade Union Act, 1926, 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.

Certificate of registration

According to Section 9 of the Trade Union Act, 1926, the registrar shall issue a certificate
of registration to the trade union after registration under section 8 which shall be conclusive
11
proof that a trade union has been duly registered .

10
. K M Pillai, Labour Law, at p.134(Allahabad Law Agency, Noida, 3rd Edn.)
11
. Supra Note 3
10
Legal status of a registered Trade Union

• 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.

No agreement between the members of a registered trade union shall be void or voidable
12
merely on the ground that any of its objects is in restraint of trade .

UNREGISTERED TRADE UNION

The Trade Union Act,1926 does not make it compulsory or mandatory that every union or
association must be registered under the Act. Unregistered unions or associations would not
in any way be illegal. This is emphatically so in the context of the fundamental right to form
13
association guaranteed by Article 19(1)(c) of the Constitution of India .

An unregistered Trade Union could not be sued in Tort by suing a member thereof in a
representative capacity. The proper course in such a case was to sue a member for any cause
of action that lay against that member. Therefore, an unregistered Union is only a voluntary
association of individuals having no corporate existence. It is not a legal entity. An
unregistered Union cannot be sued and any appearance of officials on its behalf before the
court is not right. Therefore, any person aggrieved by a wrong committed by the members of
such a Union should bring an action against all persons personally who were members of the
Union at the time of the commission of alleged wrong.

12
. Supra Note 7
13
. Supra Note 10 at p.135
11
In B. Srinivasa Reddy v Karnataka Urban Water Supply & Drainage Board Employees
14
Association , Honourable Supreme Court held that under the Trade Unions Act, 1926, an
unregistered trade union or a trade union whose registration has been cancelled has no
manner of right whatsoever. Even the rights available under the Industrial Disputes Act, 1947
have been limited only to those trade unions which are registered under the Trade Unions Act
[Sec. 2(qq) of the Industrial Disputes Act w.e.f. 21.8.1984 defined a trade union to mean a
trade union registered under the Trade Unions Act, 1926.

DIFFERENCES BETWEEN REGISTERED & UNREGISTERED

TRADE UNION

The most important differences between Registered Trade Union and Unregistered Trade
Union are listed below:

Registered Trade Union

1. A registered Trade Union has several advantages.

2. It is a juristic person.

3. It can sue or can be sued on its own name.

4. It has perpetual succession.

5. It can be affiliated to any national or International Union Federation.

6. It can acquire properties on its own name.

7. It can contract on its own name.

8. The employers come forward for discussions and collective bargaining with the executives
of a registered trade union.

14
. [(2006)11 SCC 731]

12
9. Proper accounting, auditing and submission of Returns within the prescribed time, etc., are
compulsory to the registered trade union.

10. Immunities from the Criminal Liabilities and Civil Liabilities under Sections 17& 18 are
provided only to the registered Trade Unions.

11. The General Fund and the Civic & Political Fund can be maintained by a registered Trade
Union only.

Unregistered Trade Union

1. An unregistered Trade Union has no advantages.

2. It is not a juristic person. It is only an association of persons.

3. It cannot sue or be sued on its own name.

4. It has no perpetual succession.

5. It cannot be affiliated to any national or International Union Federation.

6. It cannot acquire properties on its own name.

7. It cannot contract on its own name.

8. The employers do not come forward for discussions and collective bargaining with the
executives of an unregistered trade union, as it has no legal status.

9. Proper accounting, auditing and submission of Returns within the prescribed time, etc., are
not necessary to an unregistered trade union.

10. Immunities from the Criminal Liabilities and Civil Liabilities under Sections 17 & 18
cannot be provided only to the unregistered Trade Unions.

11. The General Fund and the Civic & Political Fund cannot be maintained by an
15
unregistered Trade Union .

15
. Important Differences available at http://www.shareyouressays.com/knowledge/11-most-important-differences-
between-registered-trade-union-and-unregistered-trade-union/116831 (last visited on 17-11-2019)

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RELEVANT CASE LAWS

▪ CASE: REGISTRAR OF TRADE UNIONS v GOVERNMENT PRESS

16
EMPLOYEES UNION, PONDICHERRY
In this case, the issue was whether the workmen represented by the Government Press
Employees' Union, Pondicherry, are persons employed in "trade" or "industry"?
The Registrar refused registration on the ground that the functions of the aforesaid
Press do not come within the meaning of trade or business. The employees in the
Government Press being Government servants were disentitled to form a trade union
and therefore, their association was ineligible for registration. The High Court held
that the workmen employed in an industrial undertaking like the Government Press,
Pondicherry are 'workmen' entitled to the benefits of Trade Union Act, 1926. It was
held that it is wrong to interpret the word ‘industry’ used in the Act of 1926 in the
light of the widely extended meaning to it by the Industrial Disputes Act, 1947.
According to the Concise Oxford Dictionary, ‘industry’ means- (1) diligence, (2)
habitual employment in useful works, (3) branch of ‘trade’ or ‘manufacture’.
‘Manufacture’ according to the same dictionary means “making of articles by physical
labour or machinery especially on large scales; branch of such industry as woollen, etc.”
It would be clear from this dictionary meaning of the words ‘industry’ and manufacture
that no profit motive is necessarily involved in an industry. There can be little doubt that
the Government Press has been manufacturing with the aid of printing press, as well as
physical labour, and on a large scale, such as challans, gazettes and calendars, budget
papers, etc. It would, therefore, be an industry within the meaning of the Trade Union
Act, 1926, and the respondents being the persons employed in such an industry must be
rightly regarded as ‘workmen’ within the meaning of the Act.
It was further held that “the only reasonable construction to put upon the several
provisions of the Trade Union Act, 1926 is that all workmen employed in any trade or
industry, regardless of the fact whether the trade or industry is being conducted by a
Government or a private agency are entitled to combine themselves into a trade union
and to get it registered.” This conclusion, which can be independently arrived at, is

16
. [1976 Lab IC 280 (Mad)]

14
 reinforced by the Amending Act of 1947, under which the intention of the Parliament
was to bring an industry carried on by or under the authority of the Central
Government/Provincial Government or the Head of the Department, within the
provisions of the Act of 1926 (Though this amendment has not come into force yet).

▪ CASE: CHAIRMAN, SBI V ALL ORISSA STATE BANK OFFICERS' ASSCN

17

In this case, the Apex Court restated and compared the rights of recognized and
unrecognized unions. It was held that an ‘unrecognized’ union is not a superfluous
entity. It is entitled to meet and discuss with the management/ employer about
grievances of any individual member relating to his service conditions and to
represent an individual member in domestic/ departmental inquiry and proceedings
before Conciliation Officer/Labour Court/ Industrial Tribunal.
The management/ employer cannot outrightly refuse to have such discussions with an
unrecognized union. Hence, a provision in State Bank of India Circular restraining its
functionaries from entering into any dialogue or accepting any representation from the
office-bearers of an unrecognized association was rightly set aside by the High Court.
However, whether in certain matters concerning individual workmen discussion and
negotiation with the unrecognized union, of which they were members would be
useful, has to be decided by the management or its representatives at the spot.
There was no common law right of a trade union to represent its members whether for
purposes of collective bargaining or individual grievances of its members. In
comparison to a recognized union, the rights and privileges of a non-recognized union
were limited to espousing the grievances of individual members and representing
them in domestic inquiries held by the employer. A recognized union, on the other
hand, has the right to participate in the discussions/negotiations regarding general
issues affecting all workmen/employees.
The court, however, observed: “The very fact that certain rights are vested in a non-
recognized union shows that the Trade Unions Act acknowledge the existence of a non-
recognized union. Recognition of a union confers rights, duties and obligations. Non-

17
. (AIR 2002 SC 2279)
15
 conferring of such rights, duties, etc. on a union other than the recognized union does
not put it in an inferior position. The members of non-recognized association can
fully enjoy their fundamental freedom of speech and expression as also to form the
association. It is not correct to say that the disinclination of the workman to join the
recognized union violates the fundamental freedom to form association. It is not
correct to say that the disinclination of the workman to join the recognized union
violates the fundamental freedom to form association. It is equally not correct to say
that recognition by an employer is implicit in the fundamental freedom to form an
association. The statutory recognition of an unrecognized union (viz to represent
individual workman) is in the large interest of industry, public interest and national
interest.”

▪ Case: Tata Electric Companies Officer's Guild v Registrar of Trade Unions

18

In this case, the Bombay High Court held that for a registrar to cancel the registration,
wilful neglect of the notice is a must. If the trade union sends the account statement
upon notice of the registrar, the registrar cannot cancel the registration on the ground
that the account statement was not filed earlier. The union did not file return earlier
due to misunderstanding of accounting year and the return was filed soon after receipt
of show cause notice from the registrar. Under these circumstances the cancellation of
registration on the ground of non-filing of return was held improper.
Thus, for cancellation of registration on of a trade union, wilful contravention of the
provisions of the Act is necessary.

▪ CASE: TIRUMALA TIRUPATI DEVASTHANAM V COMMR. OF LABOUR

19

In this case, the employees working in Power and Water Works Wings of the appellant-
Devasthanam had applied for registration of their association under the Trade Unions Act,
1926 which application was allowed. However, the appellant-Devasthanam

18
. (1994) 1 LLJ 125 (Bom)
19
. [1995 Supp. (3) SCC 653]

16
thereafter made an application under Sec. 10 of the Act for cancellation of the
registration of the said Union. The Registrar rejected the application. The appellant
contended that since the Water and Power Wings of the appellant were not an
industry, no union of the employees working in them could have been registered as a
Trade Union.
It was held that though the essential character of Institution is religious, it has to
maintain several departments such as Electricity and Water Department to cater to the
needs of the pilgrims; such departments being ‘industry.’ The Supreme Court held: It
would be apparent from the definition of “trade union” that any group of employees
which comes together primarily for the purpose of regulating the relations between
them and their employer or between them and other workmen may be registered as a
trade union under the Act. The registration of the association of the said workmen as a
trade union under the Act has nothing to do with whether the said wings of the
appellant are an industry or not. Thus, the workmen concerned are entitled to get their
association registered under the Act.
The Apex Court, however, expressed no opinion on the findings recorded by the High
Court that the wings in question are an industry and kept the question open.

17
CONCLUSION

Trade unions play on important role in any organization it helps in managing the welfare
activities of the employees with the help of trade union the management or the employees are
in link with each other. It helps in promoting the aims, ideas, needs & dissatisfaction of the
employees to the top management without the trade union the management would never be
able to commercial with the employees & would directly affect the group of the organization.
While the support of the trade union are able to get fair wages, good working condition and
also they have participation in the decision making process. It helps in promoting the satisfied
with the education facility provided by the trade union for their member & family.  It helps
in maintaining & managing with the trade union policy of in this company.

The Trade Union Act 1926 provide for registration of Trade union. Chapter II of the Act
provides for the Registration of Trade Union and Section 3 to 6 gives details about it.
Appropriate Government appoint Registrar for each state to make registration of Trade Union
under this Act. Trade Union must have to fulfil all the requirements which are necessary for
the registration of the Union otherwise it is rejected by Registrar. Section 7 to 10 is related to
Registration, certificate of registration and cancellation of certificate of the Trade Union.

A Trade Union registered under this Act is entitled to all the protections (immunities) and
rights contemplated by the Act whereas a non-registered Trade Union is not entitled to all the
protections (immunities) and rights contemplated by the Act.

18
BIBLIOGRAPHY

Websites
• www.scribd./trade_union/com/
• https://www.legalbites.in/law-notes-labour-law-registration-trade-union-act-
1926/
• https://www.lawteacher.net/free-law-essays/employment-law/recognition-of-
trade-unions-employment-law-essay.php
• https://www.advocatekhoj.com/library/lawareas/tradeunion/registration.php?T
itle=Trade%20Unions&STitle=Registration
• http://www.yourarticlelibrary.com/trade-unions/procedures-for-
the-registration-of-trade-unions/35465
• http://www.shareyouressays.com/knowledge/11-most-important-differences-
between-registered-trade-union-and-unregistered-trade-union/116831

Books
• “Industrial Relations and Labour Law” -S. C. Shrivastava
• “Labour Law” -K. M. Pillai

19