MODULE 2

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.
• Section 14 of the IR Code however says that for recognition of a trade union by employer,
trade union must be registered. So impliedly this provision makes registration mandatory. .
• 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.
• 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 of a Appeal against non-registration or
Trade Union Cancellation of registration.
 Section 5
Appointment of Registrar
5(1)
5(2)
Where an Additional Registrar of Trade
The State Government shall appoint a Unions or a Joint Registrar Unions or a
person to be the Registrar, and other Deputy Registrar exercises the powers
persons as Add Reg., Joint Registrar, and performs the duties of the
Dep. Reg. of Trade Unions who shall Registrar such Additional Registrar of
exercise such powers and Trade Unions or a Joint Registrar or a
perform such duties of the Registrar as the Deputy Registrar, as the case may be,
State Government may, by notification, shall be deemed to be the Registrar in
specify from time to time. relation to that Trade Union for the
purposes of this Code..
 Section 6 of IR Code 2020
Criteria for registration

How to apply and by whom?

Cl. (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.
Minimum requirement:
Cl. (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.
 Consequences to registration when applicants leave Trade Union

Cl. (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.

So if there are 100 members in trade union, 10 members applied for registration. but 4 of
the applicants disassociate= Application not invalid.
But if more than 5 leave= Application is Invalid.
How many members be associated with trade union
at all times?
Cl. (4) A registered Trade Union of workers shall at all times continue to
have not lessthan 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

—
 Other requirements:
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.
 Names of Trade union cannot be identical

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
A Trade Union shall not be entitled to applicable, all of which purposes shall be
registration under this Act, unless the purposes to which such funds are lawfully
executive thereof is constituted in accordance applicable under the code
with the provisions of the code.

2 (n) "executive", in relation to a Trade Union,

means the body by whatever name called, to 5. The maintenance of a list of the
which the management of the affairs of a members of the Trade Union
Trade Union is entrusted;

2. The Name of the Trade Union 6. The Admission of ordinary members

who shall be persons actually engaged or
employed in an industry with which the
3. The whole of the Objects for which the Trade Union is connected
Trade Union has been established and also the admission of the number of
honorary or temporary members.
 8. The conditions under which any
7. Subscription Payment: To be member shall be entitled to any benefit
presecribed by Govt. assured by the rules and under which any
fine or forfeiture may be imposed on the
PROVISION UNDER EARLIER ACT: The
members
payment of a minimum subscription by
9. The manner in which the rules shall
members of the Trade Union which shall not
be amended, varied or rescinded
be less than—
(i) one rupee per annum for rural workers;
(ii) three rupees per annum for workers in 10. the annual general body meeting of the
members of the Trade Union, the
other unorganised sectors; and
business to be transacted at such meeting,
(iii) twelve rupees per annum for workers in including the election of office-bearers
any other case of the Trade Union;
11. Election and Removal of executive &
office bearers

the manner in which the members of

the executive and the other office
13. The manner in which the
bearers of the Trade Union shall be Trade Union may be dissolved
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
for the inspection of the account books
by the office-bearers and members of the
Trade Union;
CASE LAWS
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
trade Union.
 Re Indian Steam Navigation Workers Union v. Union (1936)

● Inland Steam Navigation Workers' Union Wanted to get their TU registered and applied for
registration on 26 March 1935.
● This trade union was earlier known as R.S.N and I.GN Railway workers union (Registered in
1934) which was declared as unlawful association by Bengal govt. Reason: making violent
speeches, Carried out mass revolution, advocating militant communist methods.
● The registrar refused registration of Inland navigation workers union, passed an order in 16 th
May 1935.
● While passing the order rejecting the application, the registrar relied on a letter sent by
General Secy. of this Union to Bengal Govt. on 22 nd March 1935.
● In the letter, it was requested by the Trade union to the Govt. of Bengal to Withdraw the
notification which declared the TU as Unlawful.
● The registrar gave the following reasons for rejection:
The rules and the constitution of the so-called Inland Steam Navigation Workers' Union are for
practical purpose identical with those of the banned Union. The present application is an
attempt to have the Union which was registered on 18th September 1934 and thereafter declared
an unlawful association registered under a new name.
● 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.
 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.
 S. 9 (cl. 5 – 7) Withdrawal or 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.
 Section 9 CANCELLATION OF TRADE UNION
(5)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.
How you are YOU feeling??:

Kuch samajh Nhi aa

Keep going, I understand Stop,Aaj k liye itnaa hi!!
raha!! Upar se jaa raha
Appeal against Non Registration, or
Cancellation of Trade unions ( S. 10)
 31

Section 10: APPEAL

Clause. 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
 32

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
 34

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.
 35

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
