Module 2 Registration
Module 2 Registration
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 6. Section 9.
Criteria of registration Registration and Cancellation
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
—
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.
● 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
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
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??:
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
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