Powers and Functions of Registrar Under Trade Union Act

The Trade Union Act of 1926, a seminal piece of legislation in India, established a framework for the organisation and regulation of Trade Unions in the country. Central to this regulatory structure is the role of the Registrar, a key administrative figure entrusted with a range of powers and functions crucial to the proper functioning of Trade Unions. In this article, we delve into the powers and functions of Registrar under Trade Union Act, 1926, exploring their significance and impact on the Trade Union landscape in India.

From the registration and modification of Trade Unions to overseeing their dissolution and financial transparency, the Registrar plays a pivotal role in ensuring the adherence to statutory regulations and the protection of the rights and interests of both employers and workers. This examination sheds light on the Registrar’s multifaceted responsibilities and highlights their importance in upholding the principles of industrial democracy and workers’ rights as enshrined in the Trade Union Act, 1926.

What are Trade Unions?

As per the Indian Trade Union Act of 1926, a trade union is a collective group eligible for registration, encompassing both employers’ and workers’ organisations. The classification as a trade union hinges on the primary objectives of an association or alliance.

In Section 2(h) of the Trade Unions Act, 1926, a trade union is defined as “any combination or association of individuals founded upon mutual trust, understanding and cooperation to safeguard common interests.” It can represent various groups, including workers and employers and is not limited to a permanent entity; it can form for shorter durations.

This definition delineates the core purposes of a trade union under labour law, primarily revolving around two key objectives:

Firstly, it serves to regulate relationships among:

• Workers and employers.
• Workers and workers.
• Employers and employers.

Secondly, it aims to place constraints on the functioning of any trade or business, including federations comprising two or more trade unions.

The Trade Union Act’s definition of a trade union underscores its primary mission: maintaining balanced, harmonious relationships among individuals involved in industrial production and processes, achieving necessary adjustments as required.

Appointment of the Registrar

Section 2(f) of the Trade Union Act, 1926, provides a definition for the Registrar of Trade Unions. This individual is appointed by the Appropriate Government under section 3 of the Act and the definition encompasses any Additional or Deputy Registrar of Trade Unions. Furthermore, a Registrar may be specifically appointed for a particular State where the head or registered office of the Trade Union is located.

Section 3 of the Trade Union Act, 1926, grants authority to the Appropriate Government to designate an individual as the Registrar. Additionally, the Appropriate Government has the prerogative to appoint as many Additional Registrars and Deputy Registrars of Trade Unions as it deems necessary and these appointees function under the supervision of the Registrar within their respective states. It is important to note that the term “Appropriate Government” in this context refers to both the State and Central Government.

The Appropriate Government, by way of an official order, outlines the responsibilities and functions of the Additional and Deputy Registrars of Trade Unions. These appointees are thereby authorised to assume the role of the Registrar and exercise the Registrar’s powers within the geographical jurisdiction where the trade union’s registered office is located. In such instances, the Additional Registrars and Deputy Registrars are regarded as acting Registrars of Trade Unions.

Powers and Functions of Registrar under Trade Union Act, 1926

1. Power of Registrar to Decline Trade Union Registration

Section 7 of the Trade Union Act, 1926, confers the Registrar with the authority to reject the registration of a Trade Union under certain circumstances. If it comes to the Registrar’s attention that the name proposed for registration is either identical or closely resembles that of an existing Trade Union, or if the Registrar believes that it may cause confusion or deceive the public or the Trade Unions involved, registration may be refused.

In such cases, the Registrar may instruct the applicant to choose a different name before considering the registration. Additionally, the Registrar has the power to request further information and documents if there are concerns that the Trade Union is not adhering to the provisions of the Act, especially in relation to Section 5 and Section 6 of the Trade Union Act, 1926.

In the case of A.C.C. Rajanka Lime Stone Quarries’ Mazdoor Union v. Registrar of Trade Unions, Govt. of Bihar, the High Court of Bihar ruled that despite the application for registration being submitted on July 31, 1957, no action was taken by the Registrar under Section 7 to request additional documents and information. The Registrar’s failure to fulfil the statutory duty imposed upon him under Section 8 of the Act was noted.

2. Obligation to Register the Trade Union

Section 8 of the Trade Union Act, 1926, imposes an obligation on the Registrar to register a Trade Union if, upon reviewing the registration application, they are satisfied that the Trade Union has complied with the provisions of the Trade Union Act, 1926. The Registrar carries out the registration by recording the necessary details, as provided in the application for Trade Union registration, in the prescribed register as outlined in the Act.

In the case of O.N.G.C. Workmen’s Association v. State Of West Bengal And Ors, the Calcutta High Court clarified that while the Registrar possesses quasi-judicial powers concerning the registration and cancellation of Trade Unions, their responsibilities regarding the alteration of Trade Union office bearers under Section 8, in conjunction with Section 28 of the Trade Union Act, 1926, are administrative in nature. In a situation where two competing groups assert their status as office bearers of a union, the Registrar’s inquiry and resulting order are characterised as administrative actions.

3. Obligation to Provide Certificate of Trade Union Registration

Section 9 of the Trade Union Act, 1926, places a duty upon the Registrar to issue a certificate of registration for Trade Unions that have been registered under section 8 of the Trade Union Act, 1926, using a format prescribed within the Act. This certificate of registration serves as conclusive proof of the formal registration of the Trade Union under this Act.

The principal responsibility of the Registrar is to review applications submitted to him for the registration of a Trade Union. The authority to grant registration and issue a certificate of registration lies with the Registrar, but only when the Trade Union adheres to the provisions of the Trade Union Act, 1926. It’s essential to note that the Trade Union Act, 1926, does not empower the Registrar to declare the election of a union’s office bearers as unconstitutional.

4. Power of Registrar to Revoke or Withdraw Trade Union Registration

Section 10 of the Trade Union Act, 1926, grants the Registrar the authority to revoke or withdraw the registration of Trade Unions through various means:

• When Trade Unions submit an application for verification following the prescribed procedures outlined in the Act.
• When the Registrar becomes aware and is convinced that the registration was obtained through fraud or error.
• When the Trade Union ceases its operations.
• When, even after receiving notice from the Registrar, Trade Unions persist in willfully disobeying or violating any provisions of the Act or enforce rules conflicting with the Act’s provisions.
• When the Trade Union revokes any rule mandated under section 6 of the Act.
• When the Registrar is satisfied that a Trade Union does not meet the minimum required number of workers, leading to the possibility of registration cancellation.

In the case of Tata Electric Companies Officer Guild v. Registrar of Trade Unions, 1993 LAB IC 1849, the Trade Union faced issues due to a misunderstanding regarding the accounting year and failed to submit annual returns promptly, rectifying the situation after receiving notice from the Registrar. Consequently, the Registrar ordered the cancellation of the Trade Union’s registration. The Bombay High Court ruled that the Registrar’s order was issued long after the Trade Union had corrected the mistake and thus, the Trade Union’s actions did not constitute willful contravention of the Act’s provisions. Therefore, the court overturned the Registrar’s order for cancellation.

In the case of Bombay Fire Fighters Services Union, Mumbai v. Registrar of Trade Unions, dated April 7, 2003, the Union filed an appeal challenging the Registrar’s decision to cancel the Trade Union’s registration, citing continuous violations of section 28 of the Act. The Bombay High Court held that the Registrar’s order failed to meet the requirements of section 10 of the Act because the Registrar did not send the notice to the correct address of the Trade Union. Consequently, the cancellation of the Trade Union’s registration was deemed illegal and improper.

5. Power of Registrar to Modify Trade Union Name or Facilitate Amalgamation

Section 25 of the Trade Union Act, 1926, assigns the Registrar the responsibility of facilitating changes in the name or amalgamation of Trade Unions when formal applications are submitted by said Trade Unions. These applications must be in the form of a written notice, signed by the Secretary and several members of the Trade Union desiring to change its name. The notice should also include details regarding the consent obtained from members for the name change. The notice must meet the Registrar’s satisfaction, indicating compliance with the Act’s provisions.

If the Registrar is content with the submission, they may register the name change in the register, as outlined in Section 8 of the Act and the change becomes effective from the date of registration. However, if the Registrar is dissatisfied with the notice or finds that the proposed name is identical to that of an existing Trade Union, they may refuse to approve the name change or amalgamation. For the amalgamation of Trade Unions, the Registrar of the State where the amalgamated Trade Union is situated must also be satisfied that the Trade Union has adhered to the Act’s provisions.

6. Power of Registrar to Register Trade Union Dissolution

Section 27 of the Trade Union Act, 1926, mandates the Registrar to officially register the dissolution of a Trade Union upon receiving formal notice from the Trade Union itself. This notice must be endorsed by the Trade Union’s Secretary and seven members of the Trade Union and it should reach the Registrar within 14 days of the dissolution.

If the Registrar determines that the Trade Union has conducted the dissolution in accordance with the Act’s provisions, they may proceed to register the dissolution and its effect is recorded from the date of registration. In cases where the Trade Union’s rules do not provide directives for the distribution of funds upon dissolution, the Registrar assumes the responsibility of distributing these funds among the Trade Union members in a manner prescribed by law.

7. Power of Registrar to Examine Audited Statements of Trade Unions

Section 28 grants the Registrar the authority to receive annual audited statements that detail all receipts, expenditures, assets and liabilities of registered Trade Unions. These statements should cover the year ending on or before December 31 and be submitted in the prescribed manner.

Additionally, Trade Unions are required to send a copy of their rule changes and a statement indicating any alterations made throughout the year to the Registrar. Any changes made by the Trade Union to its rules must be communicated to the Registrar within fifteen days of their enactment.

Can the Registrar’s Orders Be Challenged?

Section 11 of the Trade Union Act, 1926, establishes the right to appeal for individuals whose applications for Trade Union registration, withdrawal, or the cancellation of Trade Union certification have been rejected by the Registrar. The concerned party has the option to file an appeal in one of the following venues:

• The High Court located within the jurisdiction where the Trade Union’s Head Office is situated.
• A Labor Court or Industrial Tribunal within the jurisdiction where the Trade Union is based.
• Any court that is not inferior to the court of an Additional or Assistant Judge of a principal Civil Court of original jurisdiction.

The Registrar is obliged to adhere to the orders issued by the appellate court. The appellate court holds the authority to accept the appeal, thereby nullifying the Registrar’s order and instructing the Registrar to either register or cancel the registration as deemed appropriate. Conversely, the appellate court can also dismiss the appeal, in which case the Registrar is bound to comply with that decision.

In the case of Registrar of Trade Unions, West Bengal v. Mihir Kumar Guha, an appeal was lodged against a Judge’s order that permitted an appeal under Section 11 of the Trade Union Act, 1926, challenging the Registrar’s decision to cancel the registration certificate for the Employee’s State Insurance Corporation Employee’s Union. The Calcutta High Court ruled that the Trade Union Act, 1926, does not provide for a second appeal process.

Conclusion

The Trade Union Act of 1926 vests significant powers and functions of Registrar, making them a pivotal figure in the administration and oversight of Trade Unions in India. The Registrar’s multifaceted role encompasses the registration, modification, dissolution and inspection of Trade Unions, ensuring compliance with the Act’s provisions.

Under this legal framework, the Registrar has the power to accept or reject applications for registration, weighing factors such as name distinctiveness and adherence to regulations. They also play a crucial role in facilitating changes in Trade Union names and overseeing amalgamations. In instances of dissolution, the Registrar registers the event and oversees fund distribution when necessary.

Additionally, the Registrar monitors Trade Union finances, ensuring transparency and accountability through the inspection of audited statements. Moreover, their decisions are not beyond challenge, as Section 11 allows for appeals against Registrar rulings.