Power and function of Registrar of Trade Union
Power and function of Registrar of Trade Union
Q 1 What is the procedure for the appointment of
Registrar of Trade Union?
Appointment of registrar
Section 3 of the trade union act 1926
deals with the appointment of the registrar; it provides that appropriate
government will appoint a person to be a register for each state. By the
amending act 42 of 1960, the Parliament as for the empowered the state
governments to appoint as many additional and deputy registrar of the trade
union as they think fit. Sub-section (2) of section 3 speaks of appointment of
additional Registrar and Deputy registrars.
A resistor appoints additional and Deputy
resistor if he is unable to exercise and discharge the power and function due
to excessive workload. In such a situation, the appropriate
government-appointed these officers to function under the superintendence and
direction of resistor R and demarket local limits and also specify powers and
function to them.
Subject to the provisions of this
subsection (2) where and additional or Deputy Registrar exercise and discharge
the power and functions of the registrar in the area within the registered
office of the trade union is situated, the additional or Deputy Registrar shall
be deemed to be the registrar in relation to the trade union for the
purpose of the Act.
Q 2 Explain the power and the function of the registrar of Trade Unions?
Powers and function of the registrar
The registrar has the following powers and
function under the Act.
- According to section, every application shall be made
to the register. registan Mein accept or reject the same.
- section 7 ( 1) of the act Lays down that register
May call further information for the purpose of satisfying himself that
any application made for registration complies with the provisions
of Section 5.
- Register under the power given under section can refuse
the registration till such further information as refused by him are
applied.
- power to alter the name of trade union.
Registrar under section 7(2) requires a trade union to alter
its name if:-
a.
The name is identical
with another Trade union already registered or,
b.
resemble so nearly
to some other name as to be likely to deceive the public or the members of the
union. If the Trade union does not alter the name as required by the register
he sells refuse to register the Union and until such alteration has been made.
(5) The register is entitled to
call for evidence that members of the union have duly authorised the
application for registration if he has reason to believe that the applicant
have not been duly authorised to make the application.
(6) the register has no power to
refuse the registration of trade union if the technical requirements are
complied with and the registration cannot be denied on the ground that it
attempts to revive and old unlawful Union into new name.
Section 8 imposes the statutory duty upon the
registered to register Trade union on being satisfied that it has complied with
all the requirements of the act. (ACC Rajanka lime state querries mazdoor Union
v. Registrar of trade union AIR 1958 Pat 470).
(7) According to Section 9, the certificate of
registration to be issued by the registrar after the trade union is
registered. T
This certificate issued by the resistor selby
conclusion evidence that the trade union has been duly registered under this
Act.
(8) power regarding election in in North
Eastern Railways employees Union and others v. A.D.J. III farrukhabad and
others ( 1988) (2) LLJ 332 (SC) The apex court held that the
registrar of trade union is only the authority who has to discharge the duty of
supervising the election or administer the provision of the Act.
(9) cancellation of registration section 10 make
the provision for the cancellation or withdrawal a certificate of registration
issued to A trade union. register may withdraw or cancel a certificate
registration on not less than two-month previous notice specifying ground in
writing.
(10) Under section 27 of the act the Dissolution
of trade union shall be registered by the registrar if he is satisfied that
dissolution has been affected in accordance with the rules of trade union.
(11) Withdrawal of recognition ( section 28G)-
Where the recognition of Trade Union has been directed under section 28 G.
the register may apply in writing to the labour code for withdrawal of
of recognition on any of the grounds:
a.
that the executive for
the member of the trade union committed any and fair practice set out in
section 28 J.
b.
failed to submit any
return referred to in section 28 J.
c.
Trade Union has
ceased to be representative of the work Manna referred to in clause (b) of
Section 28 - D.
Q 3 When he can cancel the
registration certificate of Trade union?
Cancellation of registration
according to Section 10 a certificate of
registration of trade union may be withdrawn or cancelled by the registrar in
one of the following two ways:-
- on the application of trade unions member
- at the will of registrar.
- on the application of trade unions member
Registration of union be cancelled and in such an event a register
before granting the application is cell satisfy himself that the withdrawal of
cancellation of registration was approved by getting of trade union and after
not less than two month previous notice in writing specifying the ground for
the proposed . Cancellation of withdrawal given to the trade union concerned.
2.
at the will of the
registrar
It is Registrar of the trade union on whose satisfaction the
certificate of registration is Issued to the trade union. is the register
does not remain satisfied in positive direction in a withdrawal cancel the
certificate of registration on any one of the following ground,
a.
that the
certificate of registration has been obtained by fraud or mistake or,
b.
that the trade
union has ceased to exist,
c.
that the trade
union willfully and after Notice from Registrar Contravened any provision of
the Act.
d.
That the trade union has
allowed any rule to continue in force which is inconsistent with any such
provision of the Act.
e.
that the trade union
concerned is rescinded any rule provisions for which is required by
section 6 of Tthe Act.
f.
If the registrar in
satisfied that a registered trade union of workmen cease to have the
requisite number of members.
Tamilnadu press workers Association v. additional Registrar
of trade union (2004 LLR 9 Mad) Madras High Court has held that there is the
necessary requirement of two months written notice for cancellation of
registration of trade union. it is also necessary to show in the notice
that on what graund the cancellation of registration as in proposed
References
1 https://labour.gov.in/sites/default/files/The_trade_unions_(amendment)act_2001.pdf
2 https://www.lawteacher.net/free-law-essays/employment-law/section-10-of-trade-unio
3 https://www.yourarticlelibrary.com/trade-unions/the-trade-union-act-1926-advantage
4 https://asean.org/wp-content/uploads/2016/08/S12_Trade-Unions-Act.pdf
5 https://labour.uk.gov.in/files/Trande_union_Act.pdf
6 https://www.legalbites.in/registration-of-trade-unions-india/
7 https://ulii.org/ug/legislation/consolidated-act/223
8 https://indiankanoon.org/doc/1980557/
9 https://tradeunionindia.blogspot.com/2016/10/registration-of-trade-union-under-tra
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