Registration of Trade

Union(s)
Dr. Arifa Zahra
LAW 302
Amity University Dubai
 What is Trade Union?
• “Trade Union” means any combination, whether temporary or permanent, formed
primarily for the purpose of regulating the relations between workmen and
employers or between workmen and workmen, or between employers and
employers, or for imposing restrictive conditions on the conduct of any trade or
business, and includes any federation of two or more Trade Unions:
Provided that this Act shall not affect -
• (i) any agreement between partners as to their own business;
• (ii) any agreement between an employer and those employed by him as to
such employment; or
• (iii) any agreement in consideration of the sale of the good-will of a business
or of instruction in any profession, trade or handicraft.
• Section 2(h) of Trade Union Act, 1929
 Components of Trade Union
1. There must be a combination of employers and workers in a union;
2. The business trade is necessary, and
3. The primary goal of the union must be to control employer-employee interactions and
establish limitations on how any trade or company may be conducted.
• It was held in National Organization of Bank Workers’ Federation of Trade Unions v.
Union of India (1993) that a federation is not a trade union in accordance with Section
2(h) of the Trade Unions Act of 1926 if it is not a registered organization under that Act.
Any federation made up of two or more unions is included in the definition. The appellant
lacked the authority to initiate or make any demands for and on behalf of the employees
because it is not a registered organization.
• The Madras High Court in the case of the Registrar of Trade Unions, Union Territory of
Pondicherry v. the Government Press Employees Union represented by its Secretary V.
Thirunavukkarasu (1975) observed that the workmen who are employed in an industrial
undertaking, for example, a government press, are ‘workmen’ entitled to the benefits of
the Trade Unions Act of 1926.
Lets go Into Depth…
• The regulations relating to the registration of trade unions are outlined in Sections 3 to
14 of Chapter 2 of the Trade Union Act of 1926 and the Central Trade Union
Regulations, 1938, which have around 17 Rules and forms A, B, and C.
• A useful tool for ensuring the expansion of long-lasting and reliable unions is
registration. Although it is not required, registration is preferred because a registered
trade union is granted certain benefits and immunity. Members of a registered trade
union are also granted certain rights and advantages.
• In other words, those who belong to a legally recognized union are entitled to
protection, immunity, and exemption from certain legal obligations on both the civil and
criminal sides.
• However, it should be remembered that a personal conflict only becomes an industrial
issue when it is represented by a group of employees or a trade union, whether they are
registered or not.
• In the case of Tamil Nadu N.G.O Union v. The Registrar of Trade Unions
(1962), the N.G.O. union’s petition was denied by the High Court of Madras.
The registrar of the trade union in this case rejected the N.G.O.’s union’s
application for registration on the grounds that public servant unions could
not be registered under the trade union Act. In order for the union to be
registered under the Trade Union Act, its members must be workers employed
by trade, business, or industry, and the applicants lack this qualification
because they are civil servants responsible for the state’s sovereign and legal
functions. Accordingly, the High Court dismissed the appeal.

• The Calcutta High Court ruled in the case of Registrar of Trade Unions, West
Bengal v. Mihir Kumar Gooha (1962) that E.S.I. Corporation workers would
fall under the definition of workmen and could, thus, register themselves as
union members.
 Legal Approach
• Section 3. Appointment of Registrars
• (1) The appropriate Government shall appoint a person to be the Registrar of Trade
Unions for each State.
• (2) The appropriate Government may appoint as many Additional and Deputy
Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging,
under the superintendence and direction of the Registrar, such powers and functions of
the Registrar under this Act as it may, by order, specify and define the local limits
within which any such Additional or Deputy Registrar shall exercise and discharge the
powers and functions so specified.
• (3) Subject to the provisions of any order under sub-section (2), where an Additional or
Deputy Registrar exercises and discharges the powers and functions of a Registrar in an
area within which the registered office of a Trade Union is situated, the Additional or
Deputy Registrar shall be deemed to be the Registrar in relation to the Trade Union for
the purposes of this Act.
• Section 5. Application for registration.-
• (1) Every application for registration of a Trade Union shall be made to the
Registrar, and shall be accompanied by a copy of the rules of the Trade
Union and a statement of the following particulars, namely: -
• (a) the names, occupations and addresses of the members making the
application;
• (b) the name of the Trade Union and the address of its head office; and
• (c) the titles, names, ages, addresses and occupations of the office-bearers of
the Trade Union.
• (2) Where a Trade Union has been in existence for more than one year before
the making of an application for its registration, there shall be delivered to
the Registrar, together with the application, a general statement of the assets
and liabilities of the Trade Union prepared in such form and containing such
particulars as may be prescribed.
• Section 6. Provisions to be contained in the rules of a Trade Union.- A Trade Union
shall not be entitled to registration under this Act, unless the executive thereof is
constituted in accordance with the provisions of this Act, and the rules thereof provide for
the following matters, namely: -
• (a) the name of the Trade Union;
• (b) the whole of the objects for which the Trade Union has been established;
• (c) the whole of the purposes for which the general funds of the Trade Union shall be
applicable, all of which purposes shall be purposes to which such funds are lawfully
applicable under this Act;
• (d) the maintenance of a list of the members of the Trade Union and adequate facilities for
the inspection thereof by the office-bearers and members of the Trade Union;
• (e) the admission of ordinary members who shall be persons actually engaged or
employed in an industry with which the Trade Union is connected, and also the admission
of the number of honorary or temporary members as office-bearers required under section
22 to form the executive of the Trade Union;
• (ee) the payment of a subscription by members of the Trade Union which shall
be not less than twenty-five naye paise per month per member;
• (f) the conditions under which any member shall be entitled to any benefit
assured by the rules and under which any fine or forfeiture may be imposed on
the members;
• (g) the manner in which the rules shall be amended, varied or rescinded;
• (h) the manner in which the members of the executive and the other office-
bearers of the Trade Union shall be appointed and removed;
• (i) the safe custody of the funds of the Trade Union, an annual audit, in such
manner as may be prescribed, of the accounts thereof, and adequate facilities
for the inspection of the account books by the office-bearers and members of
the Trade Union; and
• (j) the manner in which the Trade Union may be dissolved.
 Judicial Approach
• The Supreme Court ruled in the case of M. T. Chandrasenan v.
Sukumaran (1974) that a member cannot be regarded as a trade union
member if the subscription fee is not paid. However, subscriptions
cannot be rejected on the basis of a reason that prevents membership.

• The Supreme Court of India ruled in the 2004 case of Bokajan Cement
Corporation Employees Union v. Cement Corporation of India that
membership in the union did not end immediately upon loss of
employment.
• Section 7. Power to call for further particulars and to require alteration
of name.-
• (1) The Registrar may call for further information for the purpose of
satisfying himself that any application complies with the provisions of
section 5, or that the Trade Union is entitled to registration under section 6,
and may refuse to register the Trade Union until such information is
supplied.
• (2) If the name under which a Trade Union is proposed to be registered is
identical with that by which any other existing Trade Union has been
registered or, in the opinion of the Registrar, so nearly resembles such name
as to be likely to deceive the public or the members of either Trade Union,
the Registrar shall require the persons applying for registration to alter the
name of the Trade Union stated in the application, and shall refuse to
register the Union until such alteration has been made.
 Judicial Approach
• The Bombay High Court in the case of All India Trade Union
Congress v. Deputy Registrar of Trade Unions (2005) set aside a
request to register a trade union with a name that already existed,
claiming it to be expressly contrary to the language in Section 7(2),
leading to the cancellation of registration.
• It further observed that the very purpose behind Section 7 is to avoid
misleading the general public or trade union members into thinking
that the union seeking registration under the name for which
registration is requested is somehow associated with the union already
registered.
• Section 8. Registration.-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.
• The Supreme Court ruled in the 1935 case of the Re-Indian Steam Navigation Workers
Union that a Registrar just needs to check that all the technical conditions are being met, not
whether it could be deemed illegal.
• Whereas in another case before the Supreme Court of India, ACC Rajanka Limestone
Quarries Workers Union v. Registrar of Trade Unions (1958), it was determined that an
appeal might be filed to the High Court under Article 226 of the Indian Constitution if the
registrar fails to register the trade union within 3 months of the application.

• Section 9. 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.
• Section 9A of the Act lays down the minimum number of members
required to be present in any union which has been duly registered.
• This Section mandates that a trade union which has been registered
must at all times continue to have not less than 10% or one hundred of
the workers, whichever is less, subject to a minimum of seven,
engaged or utilized in an institution or trade with which it’s connected.
• Section 10 : cancellation of registration
• The registrar, according to Section 10 of the Act, has the power to withdraw or cancel the registration
certificate of any union in any of the following conditions:

• On an application made by the trade union seeking to be verified in such manner as may be
prescribed;
• If the registrar is satisfied with the fact that the trade union has obtained the certificate by means of
fraud or deceit;
• If the trade union has ceased to exist;
• If the trade union has wilfully and after submitting a notice to the Registrar, contravened any
provision of the Act or has been continuing with any rule which is in contravention with the
provisions of the Act;
• If any union has rescinded any rule provided under Section 6 of the Act.
• In the case of Tata Electric Companies Officer’s Guild v. Registrar of Trade Unions (1994), the
Bombay High Court ruled that wilful disregard of the notification is a requirement for the registrar to
cancel the registration. The registrar cannot cancel the registration on the grounds that the account
statement was not filed earlier if the trade union provides the account statement after receiving
notification from the registrar.
• Where a 2-month show cause notice was not sent by the registrar to the changed address of
the union, it was held by the Bombay High Court in Bombay Fire Fighters Service Union v.
Registrar of Trade Unions, Bombay (2003), that the registrar did not comply with the
mandatory provisions of Section 10 and quashed the order of cancellation.

• Section 11 : appeals
• According to Section 11 of the Act, any union which is aggrieved by a refusal to register or
a withdrawal of registration made by the registrar can file an appeal:
• In any High Court, if the head office of the trade union is located in any of the presidency
towns;
• In any labour court or industrial tribunal, if the trade union is located in such a place over
which the labour court or the trade union has jurisdiction;
• If the head office of the trade union is situated in any other location, an appeal can be filed
in any court which is not inferior to the Court of an additional or assistant has chosen a
principal Civil Court of original jurisdiction.
• As observed by the Bombay High Court in Mukand Iron & Steel
Works Ltd. v. V.G. Deshpande, Registrar of Trade Unions, Bombay
and another (1986), a trade union has the choice to file an appeal or
apply for new registration if the Registrar of Trade Unions cancels or
withdraws its registration. If the appeal is successful, the trade union
would continue to be included on the register as if the decision of
cancellation or withdrawal of recognition had never been made. If a
new registration is allowed, it will take effect as of that date. The
Registrar loses all authority over that order once he cancels or
withdraws a trade union’s registration. Because of the following
circumstances, he is unable to evaluate it or rescind it.
• In Philips Workers Union v. Registrar of Trade Unions (1989), the Calcutta
High Court observed that Section 11 of the Trade Unions Act, 1926 is no bar
to filing an application under Article 226 of the Indian Constitution.

• Section 12 : registered office

• Section 12 of the Act lays down that all communications and notices to any
trade union must be addressed to its registered office. If a trade union
changes the address of its registered office, it must inform the registrar
within the period of fourteen days in writing, and the registrar shall record
the changed address in the register mentioned under Section 8 of the Act.
• Section 13 : incorporation of registered trade union
• Section 13 of the Act states that every trade union which is registered
according to the provisions of the Act shall:
1. Be corporate by the name under which it is registered.
2. have perpetual succession and a common seal.
3. Power to contract and hold and acquire any movable and immovable
property.
4. By the said name can sue and be sued.
Rights and Liabilities of Registered Trade Unions

• Section 15 : objects on which general funds may be spent

• Section 15 of the Act lays down the activities on which a registered
trade union can spend its funds. These activities include:
1. Salaries are to be given to the office-bearers.
2. The cost incurred for the administration of the trade union.
3. Compensation to the workers due to any loss arising out of any trade
dispute.
4. Expenses incurred in the welfare activities of the workers.
• Benefits are conferred to the workers in case of unemployment,
disability, or death.
• The cost incurred in bringing or defending any legal suit.
• Publishing materials with the aim of spreading awareness amongst the
workers.
• Education of the workers or their dependents.
• Making provisions for medical treatment of the workers.
• Taking insurance policies for the welfare of the workers.
• This Section also provides the reason for non-contribution to the said
fund and also that a contribution to the fund can not be made as a
criterion for admission into the union.
• Section 16 : constitution of a separate fund for political purposes
• Section 16 provides that a trade union, in order to promote the civic
and political interests of its members, can constitute a separate fund
from the contributions made separately for the said purposes. No
member of the union can be compelled to contribute to the fund.
• A legally recognised labour union may establish a separate fund with
the goal of advancing the civic and political objectives of its members.
• A recognised trade union is not allowed to use its general finances for
its members’ political campaigns.
• The trade union must establish a separate political fund for political
causes. Contributions to such a fund must be separately collected.
Some of them are as follows:
• The recovery of all costs incurred, directly or indirectly, by a candidate
or prospective candidate for election as a member of any
governmental body or local authority. The costs cover all outlays in
connection with his candidacy before, during, or after the election.
• Maintenance of any individual who serves on a local or legislative
authority.
• The election of a candidate for any legislative body or municipal
authority, or the registration of voters.
• The staging of political gatherings of any type or the dissemination to
trade union members of any political material or papers.
• Section 17 : criminal conspiracy in trade disputes
• Section 17 of the Act states that no member of a trade union can be
held liable for criminal conspiracy mentioned under sub-section 2 of
Section 120B of the Indian Penal Code regarding any agreement made
between the members of the union in order to promote the lawful
interests of the trade union.
• The office bearers of the registered trade unions are exempt from
penal punishment for criminal conspiracy, per Section 17 of the Trade
Unions Act of 1926. An agreement between two or more people to
carry out an illegal act or a legitimate act through an illegal method is
referred to as a conspiracy in English law.
• Criminal conspiracy is defined in Section 120-A of the Indian Penal Code of 1860
as follows:
• When two or more people agree to do something or make it happen
• A prohibited act: An Act that is not committed via unlawful methods; such as a
contract is referred to as a criminal conspiracy;
• The Trade Union Act of 1926 grants registered trade unions immunity.
Nevertheless, this immunity is only applicable with regard to the legal agreements
made by trade union members for the promotion of legitimate trade union
purposes. The right to call for a strike and persuade members is one of the rights
granted to registered trade unions in the stimulation of their industrial conflicts. All
acts that give rise to civil litigation are considered illegal acts.
• For instance, two men who conspire to get workers to violate their employment
contracts are guilty of a crime. However, Section 17 safeguards a trade unionist
from a crime if the arrangement they have entered into is not an agreement to
conduct an offence.
• In the case of West India Steel Company Ltd. v. Azeez (1988), a trade
union representative protested against the delegation of a worker to
another sector by blocking or stopping work inside the factory for five
hours. It was decided that a worker in a factory had to obey the
directives issued by his superiors. A trade union leader is not exempt
from following the rules. There is no legal authority for a trade union
official or any other employee to share managerial responsibilities.
• Section 18
• immunizes the members of trade unions from civil or tortious liabilities arising out of any act done
in furtherance or contemplation of any trade dispute. For example, in general, a person is subject
to tortious liability for inducing any person to breach a contract. But, the trade unions and its
members are immune from such liabilities provided such inducement is in contemplation or
furtherance of any trade disputes. Further, the inducement should be awful and should not involve
any aspect of violence, threat, or any other illegal activity.
• Any authorized officer or member of a registered trade union is eligible for this immunity. No civil
action may be brought against them for conduct related to a trade dispute on the grounds that it
encourages another person to breach an employment agreement; or interferes with another
person’s trade, business, or employment. Furthermore, the incentive should be made via legal
techniques that are not against the legislation of the state. There is no protection from physical
harm, verbal abuse, or other illegal tactics.
• The Kerala High Court ruled in the case of P. Mukundan and Ors. v. Mohan Kandy Pavithran
(1991) that a strike by itself is not a legally actionable offence. Furthermore, it was determined that
the provisions of Section 18 shield the trade union, its officers, and its members from legal actions
related to the workmen’s strike.
• In the landmark decision, Rohtas Industries Staff Union v the State of Bihar (1962) by the Patna
High Court, it was decided that employers did not have the right to sue an employee who
participated in an illegal strike and subsequently lost business and output.
• In another case, Simpson & Group Companies Workers & Staff Union v. Amco Batteries Ltd.
(1990) by the Karnataka High Court, the Court relied on the judgement in Chandrana Bros. &
Others v. Venkata Rao (1976) to observe that workers’ protection under Section 18 of the Trade
Unions Act is unaffected by “strike” or “lock-out” situations and remains unchanged. In both
circumstances, the consideration and the principle are similar. Physically impeding the movement
of management staff, contractors, goods, or trucks transporting raw materials is neither a trade
union right nor a basic freedom protected by Article 19 of the Constitution. Section 18 immunity
cannot be invoked for such actions. Picketing is a highly undefined right that only extends to other
people’s freedom of movement. The only acceptable means of persuasion are vocal and visual;
physical interference with people or objects is not permitted.
• In the 2005 case of Shahdol Pipe Works v. Zala Loghu Udyog Kamgar Sangh, it was claimed that
the employer had suffered a loss of Rs. 22,500 due to the strike that the defendant’s trade union
had arranged. The Court dismissed the employer’s request for damages and determined that
members of a registered trade union were exempt from being held accountable for any torts
committed in advance of or in support of a trade dispute. Furthermore, it was not possible to
conclude from the evidence in the current case that the loss was brought on by the defendant’s
trade union members, officers, and supporters.
• The provision puts an end to action against trade unions while looking at the right of
trade unions to use and to be used. The union or its members are not prohibited from
bringing a claim for wrongs done to the union. Unlawful threats and coercion are not
protected since doing so would deprive the person of the Section’s protection.
• In East India Hotels Ltd. v. Oberoi International Hotel Employees Union (1994), the
Court emphasized that it is well established that no one has a basic right to stage
demonstrations on company property if doing so will interfere with the office’s
regular operations. The freedom of expression, organization, and unionization that
citizens have does not grant them the right to use these rights wherever they wish. The
moment someone else’s right to own their property interferes, the exercise of this
freedom will terminate. The Court added that the law acknowledges both the
existence of unions and the scope and ambit of legal activity. Such actions or acts may
be protected under Section 18 of the Trade Unions Act of 1926, depending on the
specifics of each instance. However, in order to obtain this safety net, the temptation
and interference must be done so legally.
• Torts are considered to be civil wrongs. It can be resolved by civil
court action. It is different from breaking a contract, a quasi-contract, a
trust, or other equitable obligations (like trespassing or creating a
private nuisance).
• However, Section 18(2) grants an exemption from tort liability. The
action of the parties must further result in a trade dispute in order to be
eligible for exemption or immunity from tort liability.
• If an agent acts without the knowledge of the executive committee of
the trade union or against the specific instructions of the executive
committee, the registered trade union is not accountable for the torts
committed by the agent in the advancement of the trade dispute.
 Penalties and procedure
• Section 31 : failure to submit returns
• If any trade union was required to send any notice, statement or any document to the registrar
under the Act and if the rule did not prescribe a particular person in the union to provide such
information then in case of default each member of the executive shall be imposed with the fine
extendible to five rupees. In case of continuing default, the fine may be extended to five rupees a
week.
• If any person willfully makes or causes to be made any false entry or omission in the general
statement required under Section 28 of the Act shall be punishable with a fine extendible to 500
rupees.
• The Madras High Court observed in the judgement of Neyveli National Workers Union v.
Additional Registrar II of Trade Unions and Deputy Commissioner of Labour II, Chennai (1998)
that in addition, under Section 10(b) of the Act, the penalty of cancellation is applied if the
Registrar determines that the registration certificate was obtained through deception, error, etc.
• All union members who violate the law will get punishment. However, the penalty outlined in
Section 31 of the Act is only applicable to officeholders who are overdue in completing their
returns.
• Because the union’s members or the entire body of the union cannot be punished, they alone must
be punished when they fail to perform their duties.
• Section 10 of the Act, in summary, foresees the violation by the union.
As a result, Section 10 is related to the offence of the union, whereas
Section 31 is related to the offence of the office-holders. It’s important
to keep this distinction in mind.
• Section 31 was specifically enacted to punish office bearers only for
this reason. According to that interpretation, the first respondent is
likewise ineligible to use the provisions of Section 10 of the Act to
punish the entire union for the offences committed by the office-
bearers.
• Section 32 : supplying false information regarding trade unions

• Any person who in order to deceive a member of any trade union or any other
person who purports to be part of the trade union,
• Gives a copy of the document with the pretext of it containing the rules of a trade
union.
• Which he knows or has reason to believe that it is not a correct copy of such rules
and alteration and,
• Any person with the like intent give a copy of any document purporting it to be a
copy of the rules of a registered trade union which in reality is an unregistered
union,
• Shall be imposed with a fine which may extend to two hundred rupees.
• Section 33 : cognizance of offences
• Section 33 contains the provisions with respect to the cognizance of
offences. It says that no court which is inferior to a presiding
magistrate or a magistrate of the first class shall try an offence under
the Act. The courts can take cognizance of the offences under the Act
only in the following cases:
• When the complaint has been made with the previous sanction of the
registrar
• When a person has been accused under Section 32 of the Act, he shall
be tried within six months of the commission of the alleged offence