Cancellation of trade union section 10
Powers to withdraw or cancel the registration of trade union is given to the
registrar.
The registrar can use his powers in the following cases:
The registrar can use his powers in the following cases:
- On the basis of application
- Certificate of registration has been obtained by fraud or mistake The registrar of the trade union may cancel the certificate of the registration which has been obtained by fraud or mistake.
- Where the trade union has ceased to exist
- Contravention of any provision of the Act
- If the trade union rescinded any rule of the Act
- If the registrar is satisfied that a registered trade union of workman ceases to have the requisite number of members, the registration can be cancelled.
If any trade union makes an application for further verification of the documents, the registrar can exercise his powers of cancellation of registration based on the verification of the given documents. Case law: Tata electric companies officer's v/s Registrar of trade union It was held by the court that the cancellation of the registration of the trade union, willfully contravention of the provision of the act is necessary.
The registration of the trade union may cancel the registration of the trade union if the members of the trade union are fewer than 7 or fall short of 10% of the total members.
If the trade union has willfully and after notice, the registrar contravened any provision of this act or allowed any rule to continue enforce which is inconsistent with the provision of the act, then the registrar of the trade union under this act may cancel the registration of the trade union.
Where the trade union has rescinded any rule providing for any matter provision for which require to be made by the section 6.
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