1.

Discuss the provisions relating to

registration of Trade Union under Trade
Unions Act,1926.
1. Section 3
Section 3 of the Trade Union Act talks about
the appointment of the registrar. It states
that the government will appoint a registrar, who
will be responsible for registering trade unions
that meet the Act’s conditions.
2. Section 4
According to section 4 of the Trade Union Act,
before the amendment of 2001, only seven
members were required to form a trade union.
After the 2001 amendment, 10% of the total
workers or a minimum of 100 workers,
whichever is less, is required to form a trade
union.
This 2001 amendment applies to the trade union
of the workers only. For the trade union of the
employer, the old rule is applicable, i.e., seven or
more members.
This new rule has a proviso that says that the
total number of members (for both worker and
employer trade unions) can never be less than
seven. Subsection 2 says that while making the
registration to the registrar, a minimum seven-
member subject to 10% member or a minimum
of 100, whichever is less, is required.
For example, suppose an industry (say X) has 60
workers and 10 employers. The workers of
industry X cannot form a trade union because the
10% of 60 = 6 workers do not fulfil the minimum
criteria, that is, 7 workers. On the other hand,
employers can form a trade union because
employers are more than 7.
Further, at the time of registration, the registrar
will check if the trade union has the support of
a minimum of 50% of the total
members working in that industry at the time
of registration. If it is not, he will not register the
trade union.
3. Section 5
Section 5 of the Trade Union Act, talks
about registration applications. It says every
application under section 5(1) shall contain:
 The name of the trade union and the address
of its head office;
 The occupations and addresses of the
members making the application;
 Information about the title, name, age,
address, and occupation of the union’s
officers. The titles, names, ages, addresses
 and occupations of the office-bearers of the
trade union.
Section 5(2) further says that if the trade union
has been in existence for more than one year
before making the application, then it also submit
a general statement of the assets and liabilities
of the trade union.
4. Section 6
Section 6 of the Trade Union Act, covers the
essential requirements of the trade union’s rules,
such as:
 The name of the trade union;
 The objective of the trade union;
 The general fund;
 Maintenance of a list of members;
 Rules for the admission of ordinary members;
 How a member of the executive shall be
appointed or removed;
 The annual audit reports, etc.
5. Section 7
Under section 7 of the Trade Union Act, the
registrar will see the name of the trade
union. If it resembles any other pre-existing
trade union, the registrar shall refuse to register
such union and ask the persons applying for
registration to alter the name of such trade
union.
The Registrar may also ask for additional
information for the purpose of authentication and
can also refuse to register the trade union until
the information has been provided.
6. Section 8
The Registrar after being satisfied that the trade
union has complied with all the rules with respect
to registration as provided by this act shall
register the name of such union as the registered
trade union and enter the name of the trade
union in a register maintained in such form as
may be prescribed by the appropriate
government.
7. Section 9
According to section 9 of the Trade Union Act,
After registration of the trade union under section
8 the registrar shall provide a certificate of
registration which will serve as a conclusive
evidence of the registration of the trade union.
Section 9A says that, if after the registration of
trade unions under section 8, the members of
such trade unions decrease below 10% of the
total members, or below 100 as the case may be,
the registrar shall revoke the certificate. The
provisions of section 9A apply only to trade
unions of workers.
8. Section 10
Section 10 of the Trade Union Act, relates to
the cancellation of registration. It talks about
the grounds for cancellation of the certificate of
registration:
 At the request of the trade union;
 When the register finds the certificate was
obtained by fraud, error or deliberate
violation of a provision of this Act;
 A registered trade union of workers loses the
necessary number of members.
Before the certificate may be withdrawn or
revoked, the registrar shall provide to the trade
union a minimum of two-month advance written
notice setting forth the reasons for the
cancellation.
9. Section 11
Section 11 of the Trade Union Act talks
about appeals. It states that anyone who has
been harmed by a registrar’s decision can seek
an appeal. It is important to remember that an
appeal can only be available against a registrar’s
negative ruling, such as a rejection of
registration, withdrawal, or cancellation of
registration. No appeal may be made against the
registrar’s affirmative order. For example, if the
registrar gives the certificate of registration and
any other trade union is aggrieved by such order
then, that trade union cannot file an appeal
against such order. Section 11 also talks about
where the appeals lie. It says that:
 If the headquarter of the trade union is within
the presidency town’s jurisdiction, an appeal
lies within the High Court.
 If the trade union’s headquarters are within
the jurisdiction of a labour court or labour
tribunal, the appeal lies to that court or
tribunal.
 If the headquarter of the trade union is within
the jurisdiction of the principal civil court, an
appeal will lie to such civil court.
10. Section 13
Section 13 of the Trade Union Act, says that
every registered trade union:
 Shall be a body corporate by its name;
 Has perpetual succession;
 Has a common seal;
 Has the power to acquire or hold both
movable and immovable properties;
  Can sue or be sued by others.
11. Section 14
According to section 14 of the Trade Union Act,
the registration of a union is only possible
through the Trade Union Act, 1926
and registration under any other law shall
be void.
Privileges to a Registered Trade Union
1. Section 17 of the Trade Union Act talks about
immunity from criminal conspiracy. It says that
no office-bearer or member of a registered trade
union shall be liable to punishment under section
120B of IPC (punishment for criminal conspiracy).
But it does not protect against any agreement to
commit an offence.
2. Section 18 of the Trade Union Act talks about
immunity from civil suits. The Act stipulates that
no action or legal proceeding will be brought
against any trade union or its office-bearer or
member for any conduct done in contemplation
or furtherance of a trade dispute to which the
member of the trade union is a party only on the
grounds listed below:
 Induce other people to break the contract of
employment;
  Interference with the trade, business or
employment of some other person;
 Interference with another person’s trade,
business, or employment, or interference
with his right to dispose of his capital or
labour at his discretion.
If the trade union goes further beyond these
three grounds, then the protection given under
section 18 will not be available.
2.Discuss the provisions of Trade Union
Act,1926 relating to cancellation of
registered Trade Union.
The Registrar is empowered To withdraw or
cancel registration of a trade union if he is
satisfied that the certificate of registration was
obtained by
 Fraud or mistake or
 Union has ceased to exist
 Or has willfully contravened the Trade Union
Act or rules there under
The question of cancellation or withdrawal of the
certificate of registration cannot be treated
lightly. The registrar will have to comply with the
formalities stipulated in Section 10.
A) Section 10(a)
The Registrar on receiving an application for
cancellation of registration shall satisfy himself
that the withdrawal or cancellation was
a) Approved by a general meeting of the
trade union or
b) By a majority of the members of the
trade union
For this he can call for further particulars and
examine any officers of the union.
B)Section 10(b)
Under this provision, certificate of registration
may be withdrawn or cancelled if the Registrar is
satisfied
1.That the certificate has been obtained by
fraud or mistake or
2.The trade union has ceased to exist or
3.The trade union has wilfully and after notice
from the registrar contravened any provisions
of this act or
4.Allowed any rule to continue in force which is
inconsistent with any such provision or
5.Has rescinded any provision providing for any
matter,provision for which is required by
section 6.
C.NOTICE
It is mandatory on the part of the registrar to
give two months’ notice before the cancellation
or withdrawal on the grounds under Section
10(b).
Further the notice must specify the grounds for
such cancellation of withdrawal.
Registrar of Trade Unions v. Dum Dum
Contonment Businessmen’s and Trade Union,
ILR(1970)
It was held that the Section 10 does not require
two notices.
In Radheyshyam Singh v. Bala Mazdoor Union
The Registrar of Trade Unions, Bihar cancelled
the respondent unions registration under section
10 B on the grounds that the respondent
willfully refused the appellant and a few
others to enrol as members of the union and
thus contravened section 21 of the act.
In this case the high court upheld the order of the
appellate court which set aside the cancellation
order of the registrar.
The words wilfully and after notice from registrar
in Section 10(B) are significant. The high court
observed that the word willfully introduces mens
rea or blameworthy mind and that the alleged
contravention of the provisions of the act may or
may not be willful. Only contravention of the
provisions of the act can be a ground for
cancellation. Hence, the registrar must ascertain
whether contravention was willful or otherwise.
For this purpose notice must be given to the
union.
Thus, A prior notice apart from the notice
mentioned in the proviso of section 10 must be
given by the registrar if the cancellation is on the
allegation of willful contravention of any
provisions of the act by the trade union.
Whereas the other situations in section 10(b) do
not require a prior notice.
DCM Chemical Mazdoor Ekta Union v. The
Registrar of Trade Unions
In the matter of registration or cancellation of
registration of trade union, the Registrar is to act
as a quasi judicial authority complying with the
rules of natural justice.
D)APPEAL
If the registrar refuses to register the trade union
or withdraws or cancels the certificate of
registration, the aggrieved person can prefer an
appeal within 60 days before the High Court, if
the head office of the trade union is situated
within the limits of a presidency town and in
other cases before the local Civil Court of original
jurisdiction as the appropriate government may
appoint.
The appeal court may
1.Dismiss the appeal or
2.Direct the registrar to register the unions or
3.Set aside the order of withdrawal or
cancellation of registration.
From the dismissal order of the local civil court a
second appeal is maintainable before the high
court.
Once the registration is cancelled, the registrar
cannot review and withdraw the same.
Thus, all the above mentioned formalities have to
be followed in case of Cancellation of a registered
trade union.