Registration of trade union in india

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,SATARA
yEAR 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 6
Provisions 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
Registration
Section - 9
Certificate of
Registration
Section -10
Cancellation
of
Registration
REGISTRATION OF TRADE UNION
CHAPTER 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.Goyal
2. Labour and Industrial Law’ s
- K.M.Pillai 11th
Edition
2007

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