A PRESENTATION ON

REGISTRATION OF TRADE UNION IN INDIA Presented By

Akanksha Dhananjay Bartakke Sucheta balasaheb kharade

Sonali madhukar Pol Diploma in Labour Law

ISMAILSAHEB MULLA LAW COLLEGE,SATARAYear 2016-2017

SYNOPSYS Introduction

Object Of The Act

Definition Of Trade Union

Section 3 - Appointment Of Registrar

Section 4 - Mode Of Registration

Section 5 - Application For Registration

Section 6 - Provision To Be Contained In The Rules of The

Trade Union

Section 7- Power to call for further particulars and

to required alternation of name

Section 8 – Registration

Section 9 – Certificate of Registration

Section 10 – Cancellation of Registration

Case Law

Conclusion

References

INTRODUCTION

The Trade Union Act was passed in 1926 but

enforced from 1st June 1927. This Act provides for

the Registration of Trade Union with a view to

render lawful association of workers. The Act also

defined law relating to registered trade unions and

provided certain privileges and protection to the

registered trade unions.

OBJECT OF THE ACT

To Relive the Trade Union from some civil and criminal

liabilities.

Provide for the system of voluntary registration of Trade

Union for adoption of adequate rules

Keeping and audit of proper accounts and filing annual

returns.

Registered Trade Unions were give power and

advantages and not for unregistered trade union

DEFINITION OF THE ACT

The Trade Union Act Section 2 (h) “Trade Union” which can be analyzed in to following ingredients :

1.“Trade Union” means any combination, whether temporary or permanent,

2 .The combination should have been formed for the purpose of a) regulating the relations between

i) workmen and employers or

ii)workmen and workmen, or

iii) employers and employers, or for

b) imposing restrictive conditions on the conduct of any trade or

business, and includes any federation of two or more Trade

Unions: Provided that this Act shall not affect—

(i) any agreement between partners as to their own business;

(ii) any agreement between an employer and those employed

by him as to such employment; or

(iii) any agreement in consideration of the sale of the goodwill

of a business or of instruction in any profession, trade or

handicraft.

Section 3 Appointment of

Registrar

Section-5 Mode of the Application

Section 4 Mode of

Registration

Section 6Provisions to be Contained in the Rules of the T.U

Section -7 Power to call for

further particulars and to required

alternation of name

Section -8 Registratio

n

Section - 9 Certificate of Registration

Section -10 Cancellatio

n of Registratio

n

REGISTRATION OF TRADE UNIONCHAPTER II of

The ACT

SECTION 3 – APPOINTMENT OF REGISTRAR

Appointed by Appropriate Government for each State

Appointed as Deputy or Additional Registrar

Specify and Define local limits of registrar to exercise

and discharge his power and functions by Appropriate

Government.

SECTION 4 – MODE OF REGISTRATION

1.Required Seven members or 10% of members or 100

members of Trade Union for made application.

2. All members must subscribe their names to the rules of

Trade Union and comply provision of the Act relating to

Registration

3. - If More than half of the members who apply for

registration cease to be a member of T.U or

disassociate them selves from application.

- Giving notice in written to registrar before granting

registration it become invalid application.

- Only half or less than half of the members cease to be

a member of T.U or disassociate them selves from

application.

- Application for Registration become Valid

SECTION 5 – MODE OF THE APPLICATION

1. - Every Application for registration may made to Registrar

- Accompanied by a copy of the rules of the T.U and other

particulars namely :

(a)Name, occupation, addresses of the T.U members

(b)Name of the T.U and address of its head office

(c)Titles ,name, ages, addresses, and occupation of office

bearers of the T.U

2. – General Statement of assets and liabilities in

the prescribed form

- and such contains particulars send with

application to registrar

- Existence of T.U more than one year before

applying for registration

SECTION 6 – PROVISIONS TO BE CONTAINED IN THE RULES OF THE T.U

A Trade Union shall not be entitled to registration under

this Act, unless the executive thereof is constituted in

accordance with the provisions of this Act, and the rules

thereof provide for the following matters, namely:—

a) Name of Trade Union

b) Object of establishment of Trade Union

c) purposes for which the general funds of the union shall

be applicable

d) 1.The maintenance of a list of members

2.The facilities provided for the inspection of the list of members by office bearers and members.

e) 1.The admission of ordinary members

2.The admission of honorary or temporary members as office bearers

f) 1. The conditions under which members are entitled to benefit assured by the rules

2. Fines or forfeitures can be imposed or varied.

g) Rule may amended, varied or rescinded.

h) the members of the executive and the other office bearers

of the union may appointed and removed.

i) 1.The safe custody of the funds

2. annual audit of the accounts

3. The facilities for the inspection of the account books

by officers and members.

j) The manner in which the union may be dissolved.

SECTION 7-POWER TO CALL FOR FURTHER PARTICULARS AND TO REQUIRED

ALTERNATION OF NAME

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.

SECTION 8- REGISTRATION Satisfaction of all the requirements which are necessary

for registration

Mandatory to Registrar to register Trade Union if union

satisfies all technical requirements

SECTION 9 – CERTIFICATE OF REGISTRATION

Registrar issue the certificate of the Registration in

the prescribed form and it is an conclusive evidence

SECTION 10 – CANCELLATION OF REGISTRATION

Registrar has a power to cancel the Trade Union registration under

following conditions :

1. Application of Trade Union .

2. Registration obtained by fraud or mistake .

3. Trade Union cease to exit.

4. Trade Union willfully contravened or allowed any rule continue after

notice giving by Registrar.

5. Rescinds any rule providing for any matter.

6. Workmen of Trade Union cease to have the requisite number of

members.

CASE LAW

1. M T Chandersenan vs Sukumaran AIR 1974,

Supreme Court held that if a member fails to pay

subscription fee, he cannot be considered a

member of the trade union. However,

subscriptions cannot be refused under some

pretext which results in the denial of membership.

2. Bokajan Cement Corporation Employees Union vs

Cement Corporation of India, 2004

Supreme Court held that membership of the union

does not automatically cease upon termination of the

employment .

CONCLUSION 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 fulfill 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.

REFERENCES 1. Labour and Industrial Laws - A.K.Singh - R.K.Agrawal -A.K.Goyal2. Labour and Industrial Law’ s - K.M.Pillai 11th Edition

2007

THANKING YOU