The mode of registration of a Trade Union under the Trade Unions Act, 1926

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

The mode of registration of a Trade Union under the Trade Unions Act, 1926

Tanmoy Mukherjee

Advocate

→The Trade Unions Act, 1926 was enacted to provide for the registration of trade unions and to define their legal status. Though registration is voluntary, a registered trade union enjoys statutory protection and legal personality. The procedure (mode) of registration is laid down under Sections 4 to 9 of the Act.

Application for Registration – Section 4-

→Any seven or more members of a trade union may apply for registration.

→At least 10% or 100 workers, whichever is less, employed in the establishment must be members at the time of application.

→Application must be made to the Registrar of Trade Unions of the State.

Reference Case-

Raghubar Dayal Jai Prakash v. Union of India (AIR 1962 SC 263)

The Supreme Court held that registration under the Trade Unions Act is voluntary, but once registered, the union acquires legal status and statutory rights.

Particulars to Be Submitted – Section 5-

Requirements

The application must be accompanied by:

→Names, occupations and addresses of applicants

→Name and address of the trade union

→Address of the head office

→Details of office-bearers

→Copy of the rules of the trade union

→If the union has existed for more than one year, a statement of assets and liabilities must also be submitted.

Reference Case-

In re Indian Steam Navigation Workers’ Union (1936)-

The court emphasized that submission of complete particulars is mandatory, and the Registrar may refuse registration if statutory details are not furnished.

Rules of Trade Union – Section 6-

The rules must provide for:

→Name and objects of the union

→Purposes of expenditure of general funds

→Maintenance of membership register

→Admission and removal of members

→Election and removal of office-bearers

→Safe custody and audit of funds

→Amendment of rules

→Dissolution procedure

Reference Case-

Registrar of Trade Unions v. M. Marisamy (Madras HC)

It was held that the Registrar can refuse registration if the rules do not comply with Section 6, as these provisions ensure democratic functioning and transparency.

Power of Registrar to Call for Information – Section 7-

Powers-

The Registrar may call for further information.

He may require the change of name if it is:

→Identical, or

→Deceptively similar to an existing registered trade union.

Reference Case

Bangalore Water Supply Employees’ Association v. Registrar of Trade Unions (AIR 1969 Mys 111)

The court held that the Registrar’s power is administrative, but it must be exercised reasonably and not arbitrarily.

Registration of Trade Union – Section 8-

When the Registrar is satisfied that:

→The application complies with the Act

→All statutory conditions are fulfilled

He shall:

→Register the trade union

→Enter its particulars in the Register of Trade Unions

Reference Case-

O.N.G.C. Workmen’s Association v. State of West Bengal (Calcutta HC)

It was held that the Registrar cannot refuse registration arbitrarily once statutory conditions are satisfied.

Certificate of Registration – Section 9

→Upon registration, the Registrar issues a Certificate of Registration.

→This certificate is conclusive evidence of due registration.

Reference Case

All India Bank Employees’ Association v. National Industrial Tribunal (AIR 1962 SC 171)

The Supreme Court recognized that a registered trade union becomes a legal entity with statutory recognition under the Act.

Legal Effect of Registration

After registration, a trade union:

→Becomes a body corporate

→Can sue and be sued

→Can hold property

→Enjoys immunity under Sections 17 and 18 of the Act.

Reference Case

T.K. Rangarajan v. Government of Tamil Nadu (AIR 2003 SC 3032)

The Court reaffirmed that registered trade unions enjoy statutory protection but must act within the limits of law.

-The mode of registration under the Trade Unions Act, 1926 is a systematic legal process ensuring transparency, democracy, and accountability. Registration grants a trade union legal personality and statutory protection, strengthening collective bargaining and workers’ rights.