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Section 11 – The Trade Unions Act, 1926

The Trade Unions Act, 1926

 

11. Appeal.—

 

1[11. Appeal.—(1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal—

 

(a) where the head office of the Trade Union is situated within the limits of a Presidency town 2[***] to the High Court, or

 

3[(aa) where the head office is situated in an area, falling within the jurisdiction of a Labour Court or an Industrial Tribunal, to that Court or Tribunal, as the case may be;]

 

(b) where the head office is situated in any area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the 4[appropriate Government] may appoint in this behalf for that area.

 

(2) The appellate Court may dismiss the appeal, or pass an order directing the Registrar to register the Union and to issue a certificate of registration under the provisions of section 9 or setting aside the order or withdrawal or cancellation of the certificate, as the case may be, and the Registrar shall comply with such order.

 

(3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may be, follow the same procedure and have the same power as it follows and has when trying a suit under the Code of Civil Procedure, 1908

(5 of 1908), and may direct by whom the whole or any part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been awarded in a suit under the said Code.

 

(4) In the event of the dismissal of an appeal by any Court appointed under clause (b) of sub-section (1) the person aggrieved shall have a right of appeal to the High Court, and the High Court shall, for the purpose of such appeal, have all the powers of an appellate Court under sub-sections (2) and (3), and the provisions of those sub-sections shall apply accordingly.]

State Amendment

 

Gujarat.—After section 11, insert the following section, namely:—

 

“11A. Appeal to Industrial Court in certain cases.—(1) Notwithstanding anything contained in sub-section (1) of section 11 in the case of a Trade Union in relation to which the State Government is the appropriate Government, any person aggrieved by any refusal of the Registrar to register such Trade Union or by withdrawal or cancellation of a certificate of registration may within such period as may be prescribed, appeal to the Industrial Court. The decision of the Industrial Court in such appeal shall be final.

 

(2) In respect of an appeal under sub-section (1), the Industrial Court shall have the same power and follow the same procedure as an appellate Court has and follows under sub-sections (2) and (3) of section 11.”

[Vide Gujarat Act 7 of 1962, sec. 6 (w.e.f. 1-7-1962).]

 

Madhya Pradesh.—For section 11, substitute the following section, namely:—

 

“11. Appeal.—(1) Any person aggrieved by an order of the Registrar—

(a) refusing to register a Trade Union; or

 

(b) withdrawing or cancelling a certificate of registration, may within thirty days from the communication of such order to the Trade Union concerned, appeal to the Industrial Court whose decision shall be final:

 

Provided that in computing the period of thirty days, the time requisite for obtaining a copy of the order shall be excluded.

 

(2) The Registrar shall comply with any order passed by the Industrial Court under sub-section (1).”

 

[Vide Madhya Pradesh Act 28 of 1960, sec. 3 (w.e.f. 31-12-1960).]

 

COMMENTS

 

Withdrawal or cancellation of registration

The order of cancellation of the registration of a trade union cannot be withdrawn or revoked by the Registrar. Only remedy is to go in appeal or apply for re-registration; Rashtriya Mukund Employees’ Union v. Mukund Iron and Steel Works Ltd., (1987) 55 FLR 507 (Bom).

 

——————–

1. Subs. by Act 15 of 1928, sec. 2, for section 11.

 

2. The words “or of Rangoon” omitted by the A.O. 1937.

 

3. Ins. by Act 31 of 2001, sec. 7 (w.e.f. 9-1-2002).

 

4. Subs. by the A.O. 1937, for “Local Government”.

 

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The Trade Unions Act, 1926

 

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