Page 225 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes 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. (Sec. 10 and 11)

11.3.7 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;
(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.

State Amendment

11.3.8 Obligations 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; (Sec. 21-A, 22)

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