Trade Union Act

INTRODUCTION
Trade Union Act, 1926 is one of the legislations of government that talks about the way of regulating
the trade union in India. Registrar is having wide range of powers under the Trade Union Act like to
ask a trade union to alter its name if there is already existing trade union with the same name.
Registrar can even refuse to register trade union if the requirements for registration of trade union
are not fulfilled. Power/rights comes with corresponding duties. So, in the same way, Registrar is
also having ample of duties which go beyond the process of record keeping and issuing of processes.
Definition:
Indian Trade Unions Act, 1926 defines trade unions as:
any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations
between workmen and employers or between workmen and workmen, or between employers and employers, or for
imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more
trade unions
Chapter II of the Trade Unions Act, 1926 deals with the provisions of the registration of the trade unions.
POWERS AND DUTIES OF REGISTRAR: Section 7,8,9, 10, 11 of Trade Union Act talks about the
powers and duties of registrar like – registration of appeals petitions and applications receive
applications for amendment of appeal the petition or application or subsequent proceedings7
Section 7: Power to call for further particulars and requirement of alteration of name:
The registrar in order to satisfy himself that the provisions of section 5, 6 are fulfilled can call for
further particulars and is having power to even refuse the registration of Trade Union if such
information is not given to the registrar. Also, if there is a trade union that wants to get registered
and go near registrar for registrar. Registrars find out that the name by which trade union wants to
get registered is name of already existing another trade union.So, here the registrar can do two
things:
Alteration: registrar can suggest the trade union that wants to get registered to change its name.
Refusal: if the members of trade union does not obey the orders of registrar then registration can
even get cancel.
DUTIES OF REGISTRAR:
the following cases talk about the duties of registrar-
O.N.G.C Workers Association v. State of West Bengal:it is the duty of registrar to check that
registration is given to that trade union only which comply with the conditions of registration. This
case also talks about limitation on the powers of registrar. Registrar is not a quasi-judicial authority
and has no power to decide the disputes on the question of fact or law.
Inland Steam Navigation Workers Union(in re): after receiving of the application by registrar, it is
the duty of registrar to examine the application. If the trade union is having same objects as
mentioned in the rules and all the requirements of act and regulations get complied with, it was duty
of registrar to register trade union
Procedure for Registration of a Trade Union

Under section 3, registrar is appointed for process of registration of the Trade Union.
Also, the Appropriate government is authorised to appoint additional and deputy registrar for particular state, where the
registrar of trade union is unable to discharge the powers and functions. Within a local limit, he may exercise the power
and functions as Registrar as prescribed for this purpose
Mode of Registration
Section 4(1) of the act, talks about the registration of trade unions. Which says that for the purpose of registration of the
trade union, there should be a minimum of seven members. The reason behind the fixation of a minimum of seven
members is to encourage the formation of more and more trade unions.
In order to summarize, section-7 talks about the two conditions required to fulfil the registration of a Trade union.
These conditions are:

Requirement of seven or more members as signatories.
Provided that there are 100 or 10% whichever is less are employed in the industry.
The sec 4(2) of the act mentions that any application made under section (1) regarding the registration of a Trade union
cannot be termed as invalid merely on the reason that some of the applicants not exceeding half of the total number of
persons have:
 Either ceased to be the members of Trade union before the registration of the Trade union; or
 Has given a written notice in writing to the Registrar mentioning about their dissociation.
Certificate Of Registration
As per section 9, the registrar shall issue a certificate of registration, after registering a Trade Union under section 8. The
Trade Union can produce the certificate as evidence, that it has been rightly registered under this Act.
Appeal (Section-11)
If any person doesn't agree with the decisions of registrar related to:
 refusal to register the Union,

 withdrawal or cancellation of a certificate of registration may appeal within prescribed time, in following:
o the head office of trade union which is situated within the restrictions of a presidency town to the
High Court
o the head office of trade union which is situated , within the jurisdiction of a Labour Court or an
Industrial Tribunal, to that court or tribunal as the case may be;
o the head office of trade union which is situated in any area to such court, not subordinate to the court
of an additional or assistant judge of a principal Civil Court of original jurisdiction as the appropriate
government may appoint.
Accordingly, court may either refuse the appeal or pass an order governing the registrar to take suitable course of action.
Time Period for registration of Trade Union

In the Trade Unions Act,1926, no time period has been mentioned for the approval or refusal of registration. It is a
statutory duty of the registrar to register the trade union if all the requirements of registration is fulfilled duly. But in
case, if any provision is not fulfilled then there is no time limit for the grant or refuse the registration.
In O.N.G.C Workmen's Association v. State of West Bengal and others , it was held that the registrar
of a trade union is not a quasi-judicial authority and cannot hold an inquiry by allowing parties to
examine witnesses and decide the dispute as to who are real office-bearers. Where two rival groups
claim to be office bearers there the registrar to decide a dispute may hold an inquiry in the presence
of both parties. The registrar can only make a reasonable inquiry within the scope of section 8 and
28 of the act to ascertain as to who are the elected office bearers and
Conclusion
The existence of Trade union creates a healthy working relationship between the employer and the employees.
It is because of Trade union that the workers feel that their rights are duly protected and can anytime create a pressure
on the employers if they feel that employers are overpowering them unnecessarily.
Apart from this the registration of Trade union under the Trade union Act, 1926 helped the trade unions to gain
recognition and certification. The detailed provisions of the act talks about the procedure, advantages of registering
Trade unions and various immunities available to the union leaders from civil and criminal laws for the activities of a
registered trade union.

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INTRODUCTION

Procedure for Registration of a Trade Union

These conditions are:

 refusal to register the Union,

Time Period for registration of Trade Union

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