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Section 8 – The Trade Unions Act, 1926

The Trade Unions Act, 1926

 

8. Registration.—

 

The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for registration.

 

COMMENTS

 

Duty of Registrar

The duties of the Registrar were to examine the application and to look at the objects for which the Union was formed. If those objects were objects set out in the Act, and if those objects did not go outside the objects prescribed in the Act and if all the requirements of the Act and the regulations made thereunder had been complied with, it was his duty, to register the Union; Inland Steam Navigation Workers Union (in re:), 1936 IC 378.

 

Powers of Registrar

No provision of law provides for holding of election under the supervision of Registrar, Trade Unions. Therefore, the petitioner is right in submitting that there is no legal authority for issuance of impugned orders under which the internal disputes were referred for adjudication by the independent Board and upon its recommendations, election is directed to be held under the supervision of Registrar of Trade Unions; Tata Workers Union v. State of Jharkhand, 2002 LLR 806 (Jhar HC).

 

Question of fact or law

The Registrar is not a quasi-judicial authority and cannot, therefore, decide any disputed question of fact or law; O.N.G.C. Workmen’s Association v. State of West Bengal, (1988) 57 FLR 522 (Cal).

 

Scope

Provisions of this section relate to only registration of a trade union. It is only a Civil Court which has jurisdiction to decide that dispute since under the Trade Unions Act, there is no provision permitting or empowering the Registrar to refer internal disputes relating to office-bearer for adjudication to any other forum; R.N. Singh v. State of Bihar, 1998 LLR 645.

 

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The Trade Unions Act, 1926

 

Indian Laws – Bare Acts

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