Powers and Duties of Registrar

This article is written by Dharshini P. who is an intern under Legal Vidhiya

ABSTRACT 

This Article contains detailed information about the Powers and Duties of the Registrar under Trade Union Act, 1926. Trade Union refers to the association of workers of a particular industry or business formed to accomplish their common goals. The History of the Trade Union traces back to the year 1890, when the first Trade Union was formed .The Registrar appointed by the Appropriate Government under the Trade Union Act, 1926 has been authorised with various powers and functions such as registration of the Trade Union, cancellation or withdrawal of registration and change the name or amalgamation of the Trade Union. The order of the Registrar can also be challenged by making an appeal to the appellate authority. The Registrar has the statutory obligation to fulfil all the duties imposed upon him under this Act.

KEY WORDS: Trade Union, Registrar, Appropriate Government, registration of Trade Union, cancellation or withdrawal of registration of Trade Union, dissolution of the Trade Union, Appeal.

INTRODUCTION

A Registrar of Trade Union refers to a person who registers the Trade union and keeps record of the activities of a trade union. Section 2(f) of the Trade Union Act, 1926 defines the term Registrar[1]. A Trade Union generally means an organization of employees formed together to achieve common goals of their employment. The concept of Trade Union in India traces back to the year 1890, when the “Bombay Millhands Association” was formed, which was founded by N.M.Lokhande with the view to redress the grievances of the Bombay mill workers[2]. After the First World War the industrial agitation and economic distress resulted in workers across the country, participating in strikes to meet their demands guided by representatives among them. There was a gradual development in Trade Union activities in every domain of industry in India after independence in 1947.The need for a legislature regarding the protection of the Trade Union activities was observed before in the year 1920, in the High court of Madras in a suit filed by the Binny and Co. Against the Madras Textile Labour Union[3]. The then General Secretary of the All India Trade Union Congress, moved a resolution in the Central Legislative Assembly seeking enforcement of some guidelines for the protection of the Trade Unions[4].Only in 1926 it was possible for the Legislature to enact the Indian Trade Union Act due to many oppositions by the employers against the Trade Union Legislations. Trade Union is defined under section 2(h) of the Trade Union Act, 1926.

APPOINTMENT OF THE REGISTRAR.

• Section 2(f) of the Trade Union Act, 1926 defines Registrar of Trade Unions as the person who is appointed by the Appropriate Government under section 3 of the Act, including any Additional or Deputy Registrar of Trade Unions and Registrar appointed for a particular State where the head or registered office of the Trade Union is situated.
• Section 3 of the Trade Union Act, 1926 authorises the Appropriate Government to appoint a person as Registrar and may also appoint as many as  Additional Registrar and Deputy Registrars of Trade Unions  as it deems fit who shall work under the supervision of the Registrar for each state. Appropriate Government under this Act refers to the State and the Central Government. The Appropriate Government through an order specifies the duties and functions of the Additional and Deputy Registrars of Trade Unions. It authorizes the Additional and Deputy Registrars to play the role of the Registrar and exercise the powers of the Registrar in an area within whose jurisdiction the registered office of the trade union is situated. In such cases the Additional Registrar and Deputy Registrars are deemed to be Registrars of Trade Unions[5].

POWERS AND DUTIES OF REGISTRAR UNDER TRADE UNION ACT, 1926.

1. Power to refuse registration of the Trade Union.

• Section 7 of the Trade Union Act, 1926 empowers the Registrar to refuse the registration if it comes to the notice of the Registrar that the name of the Trade Union applied for registration is identical or nearly resembles any already existing Trade Unions or in the opinion of the Registrar may deceive the public or either of the Trade Unions. The Registrar may direct the person applying for registration of such Trade Unions to change the name and only then may decide to give consent for registration of such Trade Union. The Registrar is also empowered to ask for further particulars and documents if he thinks that the Trade union is not adhering to the provisions of the Act particularly section 5 and section 6 of the Trade Union Act, 1926[6].

In the case A.C.C. Rajanka Lime Stone Quarries’ Mazdoor Union v. Registrar of Trade Unions, Govt. of Bihar[7]  it was held by the High court of Bihar that, though the application for registration was made on 31st July, 1957, no action was taken by the Registrar under Section 7 to order to issue further documents and details which the Registrar failed to perform the statutory duty imposed upon him under Section 8 of the Act.

2. Duty to Register the Trade Union.

• Section 8 of the Trade Union Act, 1926 imposes a duty on the Registrar to register the Trade Unions if he thinks fit and satisfied from the application made for the registration that the Trade Union has complied with the provisions of the Trade Union Act, 1926. The Registrar registers the Trade Union by entering necessary details accompanied along with the application for registration of the Trade Union in the register which is maintained as prescribed under the Act[8].

In the case O.N.G.C. Workmen’s Association v. State Of West Bengal And Ors [9] the Calcutta High Court held that, though the Registrar has quasi-judicial powers with regard to Trade Unions registration or cancelling the registration, he only has administrative duty to register changes regarding the office bearers of the Trade Union, under Section 8 read with Section 28 of the Trade Union Act, 1926. Two rival groups claimed to be office bearers of a union, the inquiry and order passed by the Registrar in this case is administrative in nature.

3. Duty to issue certificate of registration of Trade Unions.

• Section 9 of the Trade Union Act, 1926 imposes a duty on the Registrar to issue a certificate of registration of Trade Unions upon being registered under section 8 of the Trade Union Act, 1926 in a form prescribed under this Act. This certificate of registration is deemed as the conclusive proof that the Trade Union has been formally registered under this Act[10]. The primary duty of the Registrar is to inspect the application made to him by a person regarding the registration of a Trade Union. He shall have the authority to grant registration and issue certificate of registration, only when the Trade Unions comply with the provisions of the Trade Union Act, 1926. The Trade Union Act, 1926 does not empower the Registrar to proclaim the election of office bearers of a union as unconstitutional[11].

4. Power to cancel or withdraw the registration of the Trade Union.

• Section 10 of the Trade Union Act,1926 authorises the Registrar to cancel or withdraw the registration of the Trade Unions by following methods,
  • When the Trade Unions make application pursuing for verification in a prescribed manner under this Act.
  • When it comes to the notice of the Registrar and he is satisfied that the registration is obtained through fraud or mistake.
  • When the Trade Union ceased to operate.
  • When even after receiving notice from the Registrar the Trade Unions continue to wilfully disobey and violate any provisions of the Act or enforce any rule which is in conflict with the provisions of the Act.
  • When the Trade Union revokes any rule which is required under section 6 of the Act.
  • When the Registrar is satisfied that a Trade Union fails to have the minimum requisite number of workmen then the registration can be cancelled[12].

In Tata Electric Companies Officer Guild v. Registrar of Trade Unions[13], 1993 LAB IC 1849 due to misunderstanding in the accounting year, the Trade Union failed to file the annual returns and filed the same soon after receiving a notice from the Registrar. Therefore the Registrar ordered to cancel the registration of the Trade Union. The High court of Bombay held that the order by the Registrar was passed  long after the mistake was corrected by the Trade Union, so the act of the Trade Union does not amounts to wilful contravention of the provisions of the Act. Hence the court quashed the order of the Registrar to cancel registration.

In Bombay Fire Fighters Services Union, Mumbai v. Registrar of Trade Unions[14] on 7 April, 2003 an appeal was filed by the Union challenging the order of Registrar to cancel the registration of the Trade Union on the ground that it was violating section 28 of the Act continuously. The High court of Bombay held that the said order failed to fulfill the requirements of section 10 of the Act by the Registrar who failed to issue the notice to the correct address of the Trade Union. Therefore the cancellation of registration of the Trade Union was held illegal and improper.

5. Power to change the name or amalgamate the Trade Unions.

• Section 25 of the Trade Union Act, 1926 imposes a duty on the Registrar to change the name or amalgamation of the Trade when application is made by the Trade Unions. The application should be in the form of notice in writing of every change of name and signed by the Secretary and seen members of the Trade Union seeking to change its name. The mode of consent obtained from the members for changing the name should be mentioned in the notice. The notice so submitted should satisfy the Registrar that the Trade Union has complied with the provisions of the Act. If the Registrar is satisfied he may register the change of name in the register as under section 8 of the Act and the same shall come to effect from the date of such registration. If the Registrar is not satisfied with the notice, in his opinion thinks that the Trade Union does not comply with the provisions of the Act and if the proposed name is identical with already existing Trade Unions then he may refuse to change the name or amalgamate the Trade Unions. For amalgamation of Trade Union the Registrar of the State in which the amalgamated Trade Union is situated should be satisfied and in his opinion the Trade Union has complied with the provisions of the Act[15].

6. Power to register the dissolution of a Trade Union.

• Section 27 of the Trade Union Act, 1926 imposes a duty on the Registrar to register the dissolution of a Trade Union upon receiving a notice from the Trade Union. The notice is endorsed by the Secretary of the Trade Union and seven members of the Trade Union. The notice should be sent to the Registrar within 14 days of the dissolution. If the Registrar finds that the Trade Union has processed the dissolution in accordance with the provisions of the Act, he may then register the dissolution which shall have effect from the date of registration of such notice. After the registration of the dissolution, if the rules of the Trade Union did not to provide directions for the distribution of funds of the Trade Union on dissolution, the Registrar has the duty to distribute the funds among the members of the Trade Union in a prescribed manner[16].

7. Power to inspect audited statements of the Trade Union.

• Section 28 empowers the Registrar to receive general audited statements of all receipts and expenditures and general statement of all the assets and liabilities of the registered Trade Union in the prescribed manner during the year ending on or before 31^st December. These documents should be sent to the Registrar annually .Also a copy of the rules of the Trade Union which are changed, a statement indicating the changes made throughout the year shall be sent to the Registrar. The changes made by the Trade Union makes in altering the rules, the same shall be sent to the Registrar within fifteen days of the making such alterations[17].

WHETHER THE ORDER OF THE REGISTRAR CAN BE CHALLENGED?

• Section 11 of the Trade Union Act, 1926 provides the right of appeal to the person whose application to register the Trade Union, withdrawal or cancellation of certification of the Trade Union is refused by the Registrar. The aggrieved person may file the appeal in the,
  • High court, within whose limits the Head office of the Trade Union is located.
  • Labour court or Industrial Tribunal in whose jurisdiction the Trade Union is situated.
  • In any court which is not inferior to the court of an Additional or Assistant Judge of a principal Civil Court of original jurisdiction[18].
• The Registrar has the duty to obey the orders of the appellate court. The appellate court may accept the appeal and quash the order of the Registrar and may direct the Registrar to register or cancel the registration. The appellate court may also dismiss the appeal and the Registrar shall comply with such order.

In Registrar of Trade Unions, West Bengal v. Mihir Kumar Guha[19], an appeal was filed against the order of a Judge, where the order allowed to file an appeal under section 11 of the Trade Union Act,1926 which challenged the order passed by the  Registrar, West Bengal for the cancellation of certificate of registration to the Employee’s State Insurance Corporation Employee’s Union. The Calcutta High court held that a second appeal is not provided under the Trade Union Act,1926.

CONCLUSION.

The Trade Union Act, 1926 is a welfare legislation primarily enforced for the benefit of workmen to enhance and fulfil their employment needs. The Registrar under this Act appointed by the Appropriate Government plays the role of a supervisor, keeping a check on the activities of the Trade Union. The Registrar is envisaged with the powers and duties discussed under this Article for the purpose of ensuring smooth functioning of the Trade Unions in the country. Many judgements and judicial interpretations have moulded the powers and duties of the Registrar since the enforcement of the Trade Unions Act, 1926. On the whole the Act imposes an obligation on the Registrar to guide the Trade Unions, which are established across the country.

REFERENCES:

1. S.N.Mishra, Labour and Industrial Laws,  (Dr. Sunil Yadhav,29^th ed.,2021)
2. Indian kanoon available at https://indiankanoon.org/ last seen on 06/04/2023.
3. Section 2(f) of the Trade Unions Act, 1926, Indian kanoon available at https://indiankanoon.org/doc/647892/ ,last seen on 06/04/2023.
4. Narayan Meghaji Lokhande, Wikipedia, available at  https://en.wikipedia.org/wiki/Narayan_Meghaji_Lokhande, last seen on 06/04/2023
5. Section 3 of the Trade Unions Act, 1926, Indian kanoon, available at https://indiankanoon.org/doc/1429911/ last seen on 06/04/2023.
6. Section 7 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/1919314/ last seen on 06/042023.
7. Section 8 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/595717/ last seen on 06/04/2023.
8. Section 7 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/1884404/ last seen on 06/04/2023.
9. Section 10 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/153148/ last seen on 06/04/2023.
10. Section 25 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/698133/ last seen 06/04/2023.
11. Section 27 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/240681/#:~:text=(1)%20When%20a%20registered%20Trade,been%20effected%20in%20accordance%20with, last seen on 06/04/2023.
12. Section 11 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/944410/ ,last seen on 06/04/2023.
13. Section 28 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/732659/ ,last seen on 06/04/2023.

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[1]Section 2(f) of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/647892/ ,last seen on 06/04/2023.

[2] Narayan Meghaji Lokhande, Wikipedia, available at  https://en.wikipedia.org/wiki/Narayan_Meghaji_Lokhande last seen on 06/04/2023.

[3] S N Mishra, Labour and Industrial Laws,360 (Dr. Sunil Yadhav,29^th ed.,2021)

[4] S N Mishra, Labour and Industrial Laws, 361 (Dr. Sunil Yadhav,29^th ed.,2021)

[5] Section 3 of the Trade Unions Act, 1926 , Indian kanoon, available at https://indiankanoon.org/doc/1429911/ last seen on 06/04/2023.

[6] Section 7 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/1919314/ last seen on 06/042023.

[7] A.C.C. Rajanka Lime Stone Quarries’ Mazdoor Union v. Registrar of Trade Unions, Govt. of Bihar ,AIR 1958 Pat 470, 1958 (6) BLJR 357, (1958) IILLJ 458 Pat

[8]  Section 8 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/595717/ last seen on 06/04/2023.

[9]O.N.G.C. Workmen’s Association v State Of West Bengal And Ors, (1988) IILLJ 335 Cal

[10] Section 7 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/1884404/ last seen on 06/04/2023.

[11] S N Mishra, Labour and Industrial Laws, 373 (Dr. Sunil Yadhav,29^th ed.,2021)

[12]Section 10 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/153148/ last seen on 06/04/2023.

[13] Tata Electric Companies Officer Guild v. Registrar of Trade Unions, 1994 (68) FLR 656, (1994) ILLJ 125 Bom.

[14] Bombay Fire Fighters Services Union, Mumbai v. Registrar of Trade Unions, (2003) IILLJ 1100 Bom.

[15] Section 25 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/698133/ last seen 06/04/2023.

[16]Section 27 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/240681/#:~:text=(1)%20When%20a%20registered%20Trade,been%20effected%20in%20accordance%20with, last seen on 06/04/2023.

[17] Section 28 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/732659/ ,last seen on 06/04/2023.

[18] Section 11 of the Trade Unions Act,1926 , Indian kanoon, available at https://indiankanoon.org/doc/944410/ ,last seen on 06/04/2023.

[19] Registrar of Trade Unions, West Bengal v. Mihir Kumar Guha,  AIR 1963 Cal 56, 1962 (5) FLR 339, (1963) ILLJ 100 Cal.