Page 177 - DCOM207_LABOUR_LAWS

Labour Laws

Notes (b) where the head office is situated in any area, to such Court, not inferior to the Court of
an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the
appropriate Government may appoint in this behalf for that area.
The appellate Court may dismiss the appeal, or pass an order directing the Registrar to register
the Union and to issue a certificate of registration under the provisions of section 9 or setting aside
the order or withdrawal or cancellation of the certificate, as the case may be, and the Registrar
shall comply with such order.
For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may be,
follow the same procedure and have the same power as it follows and has when trying a suit
under the Code of Civil Procedure (5 of 1908), and may direct by whom the whole or any part
of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been
awarded in a suit under the said Code.
In the event of the dismissal of an appeal by any Court appointed under clause (b) of sub-section
(1) the person aggrieved shall have a right of appeal to the High Court, and the High Court shall,
for the purpose of such appeal, have all the powers of an appellate Court under sub-sections (2)
and (3), and the provisions of those sub-sections shall apply accordingly.

10.3.8 Obligations of Registered Trade Unions

Registration makes it obligatory for a trade union to:

(i) allow any person of the age of 15 years and above to be a member of the union’ subject
to any rules of the trade union to the contrary, and enjoy all the privileges attached to
membership; (Sec. 21)

(ii) have 50% of the office bearers of the union from among the persons actually engaged or
employed in industry with which the trade union is concerned, and the remaining 50%
can be outsiders; say lawyers, politicians, social workers and others who are not in any
way connected with the industry/undertaking, of which the workers are members of the
union. A person is disqualified to be a member of the executive or any other office-bearer of
registered trade union if he has not attained the age of 18 years, or if he has been convicted
of any offence involving moral turpitude and sentenced to imprisonment, unless a period
of five years has elapsed since his release; (Secs. 21A, 22)
(iii) keep account books and membership register available for inspection by any member or
officer of the union; (Sec. 20)
(iv) send to the Registrar on or before the prescribed date an annual statement of receipts and
assets and liabilities of the union audited in the prescribed manner as on 31st December,
together with the statement showing changes in the office bearers and rules of the union
made during the year. (Sec. 28)

10.3.9 Rights of Registered Trade Unions

A Registered Trade Union has the right to:

(i) spend the general fund for payment of salaries, ‘allowances and expenses to its office-
bearers, prosecution or defense of any legal proceedings for securing or protecting any
rights of trade union, conduct of trade disputes, compensation to members for any loss
arising from trade disputes, provision of educational, social, or religious benefits for
members, publication of periodicals on labour matters, issue of or undertaking of liability
under policies of assurance on the lives of members or policies of members against sickness,

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