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.

 

  1. According to section, every application shall be made to the register.  registan Mein accept or reject the same.
  2.  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.
  3. Register under the power given under section can refuse the registration till such further information as refused by him are applied. 
  4. 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:-

  1. on the application of trade unions member
  2.  at the will of registrar.

 

  1. 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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