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Unit 10: Trade Unions Act, 1926

Comments Notes
The duties of the Registrar were to examine the application and to look at the objects for which
the Union was formed. If those objects were objects set out in the Act, and if those objects did
not go outside the objects prescribed in the Act and if all the requirements of the Act and the
regulations made thereunder had been complied with, it was his duty, to register the Union;
Inland Steam Navigation Workers Union (in re:), 1936 IC 378.
Powers of Registrar

No provision of law provides for holding of election under the supervision of Registrar, Trade
Unions. Therefore, the petitioner is right in submitting that there is no legal authority for issuance
of impugned orders under which the internal disputes were referred for adjudication by the
independent Board and upon its recommendations, election is directed to be held under the
supervision of Registrar of Trade Unions; Tata Workers Union v. State of Jharkhand, 2002 LLR
806 (Jhar HC).
Question of fact or law
The Registrar is not a quasi-judicial authority and cannot, therefore, decide any disputed question
of fact or law; O.N.G.C. Workmen’s Association v. State of West Bengal, (1988) 57 FLR 522 (Cal).
Scope
Provisions of this section relate to only registration of a trade union. It is only a Civil Court which
has jurisdiction to decide that dispute since under the Trade Unions Act, there is no provision
permitting or empowering the Registrar to refer internal disputes relating to office-bearer for
adjudication to any other forum; R.N. Singh v. State of Bihar, 1998 LLR 645.
10.3.5 Certificate of Registration

The Registrar, on registering a Trade Union under section 8, shall issue a certificate of registration
in the prescribed form which shall be conclusive evidence that the Trade Union has been duly
registered under this Act. The registration gives a stamp of due formation of the Trade Union and
assures the mind of the employer that the Trade Union is an authenticated body. The names and
occupation of whose office-bearers also become known; Food Corporation of India Staff Union v.
Food Corporation of India, 1995 LLR 309 (SC) 3 JJ.

10.3.6 Cancellation of Registration

The Registrar can withdraw or cancel registration if it has been obtained by fraud or mistake, or
the trade union has ceased to exist, or it has contravened any provision of the Act, or has deleted
any rule providing any matter required under this Act. The trade union concerned has, however,
to be given two months’ previous notice specifying the reasons for withdrawal or cancellation of
registration. The union can appeal in a Civil, Court against the order of the Registrar either for
refusing registration or withdrawing or cancelling registration certificate. (Secs. 10, 11)

10.3.7 Appeal

Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the
withdrawal or cancellation of a certificate of registration may, within such period as may be
prescribed, appeal—
(a) where the head office of the Trade Union is situated within the limits of a Presidency town
to the High Court, or
(aa) where the head office is situated in an area, falling within the jurisdiction of a Labour Court
or an Industrial Tribunal, to that Court or Tribunal, as the case may be;

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