Page 224 - DMGT306_MERCANTILE_LAWS_II

Unit 11: Trade Unions Act, 1926

11.3.4 Registration Notes

The Registrar, on being satisfied that the Trade Union has complied with all the requirements of
this Act in regard to registration, shall register the Trade Union by entering in a register, to be
maintained in such form as may be prescribed, the particulars relating to the Trade Union
contained in the statement accompanying the application for registration.

Comments

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.

11.3.5 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.

11.3.6 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

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