Trade Unions in India: Cancel or Withdraw Registration
A Trade Union is a worker’s association with the principle aim of negotiating wages and improving the working conditions of workers. A trade union can be of two types - registered under the Trade Union Act or unregistered. Although an unregistered trade union is not illegal, a registered trade union enjoys many privileges, such as immunities, protections and exclusive rights.
Trade Union: Legal Aspect of Cancellation or Withdrawal of Registration
The Registrar is authorized to withdraw or cancel the registration of a trade union. The process of cancellation or withdrawal of registration of a trade union is regulated by Section 10 of the Trade Union Act. The Registrar has to comply with the provisions of Section 10 of the Act to carry out such cancellations or withdrawals in order to prevent any consequences of such cancellations.
Section 10 of the Act is divided in two parts - Setion10 (a) and Section10 (b).
Section 10 (a) governs the process of cancellation of registration of a trade union on receipt of an application for the same. On receipt of the application for cancellation of registration, the Registrar shall confirm that the decision of cancellation was approved in a general assembly of the trade union or by a majority of the members of the union. For this purpose, the Registrar may visit the office of the union or may ask for further particulars.
Section 10 (b) provides various grounds on which the registration of a trade union may be withdrawn by the Registrar. Few such grounds are:
- The certification of registration was acquired by fraudulent means or by mistake.
- If the trade union does not exist anymore.
- There is an intentional violation of rules or provisions provided by the Trade Union Act.
- If a rule, which is against the provisions of the Act, is still in force.
Trade Union: Mandatory Formalities
A notice of a minimum of 2 months, citing the reason for the cancellation, shall be given by the Registrar to a trade union before actually withdrawing or cancelling the registration.
However, if a person is not satisfied with the decision of the Registrar, he shall appeal to the High Court within a period of 60 days. This is applicable only in case the head office of the trade union is located within the boundaries of a presidency area, otherwise the appeal shall be made before a local Civil Court. The Court may decide to discard the appeal or order the Registrar to register the union or reserve the order of withdrawal of registration. If the appellant is not convinced with the Civil Court’s order, he may appeal to the High Court.