The Trade Unions Act, 1926
10. Cancellation of registration.—
A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar—
(a) on the application of the Trade Union to be verified in such manner as may be prescribed;
(b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision or has rescinded any rule providing for any matter provision for which is required by section 6;
1[(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members:]
Provided that not less than two months’ previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.
State Amendment
Gujarat.—After section 10, insert the following section, namely:—
“10A. Liability of existing registered Trade Unions to make certain provisions in their Rules.—(1) The rules of every Trade Union which was registered under this Act before the date of commencement of the Indian Trade Unions (Gujarat Amendment) Act, 1961, and the certificate of registration of which is in force on that date shall provide for the matter specified in clause (ff) of section 6.
(2) If no provision as required by sub-section (1) is made in the rules of any existing Trade Union before the expiry of six months from the date mentioned in sub-section (1), the Registrar may cancel the registration of such Trade Union:
Provided that not less than two months’ notice in writing specifying the grounds on which it is proposed to cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is cancelled.”
[Vide Gujarat Act 7 of 1962, sec. 5 (w.e.f. 1-4-1965).]
COMMENTS
Cancellation of registration of a trade union
Before taking action under section 10 of the Trade Unions Act for cancellation of a trade union, the aggrieved person must be served not less than two months’ previous notice in writing and also state the grounds of cancellation/withdrawal of the certificate of registration to the trade unions and as such when no opportunity by way of notice prior to the order of cancellation is given, the order not communicated but sent on the request of the appellant for cancellation cannot be sustained; Tamil Nadu Government Press Workers Sangam v. First Trade Union Addl. Registrar (Dy. Commissioner of Labour), 2004 LLR 9 (Mad): 2003 (99) FLR 734.
Opportunity to be given
Cancellation of Registration without giving second show-cause notice and without giving opportunity to represent the case is liable to set aside; Coromandel Cement Factory Employees’ Union v. Deputy Registrar of Trade Unions and Deputy Commissioner of Labour, Kurnool, 2001 LLR 170 (AP).
The proviso to section 10(b) states that, not less than two months prior notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the trade union before the certificate is withdrawn or cancelled; E.C.I.L. Employees’ Union v. Deputy Registrar of Trade Unions and Deputy Commissioner of Labour, Hyderabad, 2001 LLR 760 (AP)
.
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1. Ins. by Act 31 of 2001, sec. 6 (w.e.f. 9-1-2002).
