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Registration Of Trade Union, Remedies In Case Of Non Registration And Cancellation Of Registration

Section 3 to 9 of the trade union act 1926 deals with the provision of registration of the trade union. It is registered under section 3 by the registrar. The appropriate government shall appoint additional registrar or sub-registrar

Definition and meaning:
Section 2(h) of the trade union act 1926 define the trade union according to it trade union means:
"Any combination whether temporary or permanent which shall be formed for the purpose of regulating the relation between workmen and employers or workmen and workmen or employers and employers or imposing restrictive condition on conduct of any trade or business".

Thus above definition shows that:
  1. Any combination whether temporary or permanent
  2. The combination should have been formed for the purpose of:
    • Regulating the relation between:
      • Workmen and employers or
      • Workmen and workmen or
      • Employers and employers
    • Imposing restrictive conditions on the conduct of any trade or business.

Case law: Performing right society v/s London theaters of varieties 1924
The society of writers, publisher and principles for the purpose of protecting copy right was not held to be trade union, because it was not an act related to trade or business.

Case law: National Organization of Bank Federation of trade Union v/s Union of India and others 1993 Bombay HC
It was held that where a federation of trade union is not register it is not a trade union under the act. It is not a jurist person and is not competent to raise a demand on behalf of employees.

The procedure of the registration:
  1. Section 4 Application An application should be sent to the registrar in which sever or more members of such union must subscribe their names. It is required that member applying shall be consented to the rules of trade union and put sign on the rules. It also required that at least 100 members or 10 percent of the total members of workmen employed in industry or established shall be the member of trade union on the date of application
  2. Section 5 Content of Application:
    Section 5 of the act provides that the application shall be accompanied with a copy of rules of trade union and a statement of the following particular:
    1. The name, occupation and address of the member making the application.
    2. The names of trade union members, occupation and addresses in the condition of trade union workers.
    3. The name of the trade union and its head office
    4. The titles, names, age, addresses and occupation of the office bearers of the trade union.
    5. A general statement of the assets and liabilities of the trade union where it is in existence for more than one year.
  3. Section 6 Contents of rules
    Every registered trade union required to have written rules. Section 6 mentions that written rules shall be dealing with the following matters�
    1. Names of the trade union
    2. The whole of the object for which the trade union has been established
    3. The whole purpose for which the general funds of the trade union has been established.
    4. The maintenance of a list of the members of the trade union and adequate facilitates for inspection by office bearers.
    5. The admission of ordinary members and also admission of members of honorary or temporary members as office bearers under section 22 to from the executive of the trade union.
    6. The payment of a minimum subscription by members of trade union.
    7. The conditions under which any member shall be entitled to any benefit or for imposing fine upon him.
    8. The manner in which rules shall be amended, varied or rescinded.
    9. The manner in which a member of the executive and the other office bearers of the trade union shall be appointed and removed.
    10. The safe custody of funds and annual audits of the accounts and inspection of the accounts books by the office bearers and members.
    11. The manner in which the trade union may be dissolved
    Case law: MT Chanderasena v/s Sukumaran AIR 1975 SC It was held that if subscriptions are not paid in accordance with the bye-laws of the trade union than the person who have failed to pay can't be considered as a member of the union. Case law: Bokangen Cement corporation workmen union v/s Cement Corporation of trade union AIR 2004 SC It was held that an employee would not automatically be ceases to be a member on termination of his employment because there was no such provision either in the trade union act or in the constitution of the union.
  4. Section 7 Power to call for further particular and to require alteration of names
    The registration of the trade union will be refused by the registration if the name under which a trade union is purposed to be registered is identical with that of any existing trade union or so nearly resemblance such name as to be likely to deceive the public or the members of the either trade union. The registrar may also ask for further information which he thinks necessary for the purpose of satisfying himself that the application is in compliance with the provisions of sec 5 and 6 of the trade union act 1926.
  5. Section 8 registration:
    The registrar will register the trade union under section 8 if he is satisfied that the trade union has complied with all requirements of this act in regard to registration. The registrar shall register by making necessary entries in the register.
  6. Section 9 Certificate of Registration:
    The registrar, on registering a trade union, shall issue a certificate of registration in the prescribed form which will be conclusive evidence that the trade union has been duly registered under this act.

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