Introduction – Registrar of Trade Unions
Trade unions serve a vital function in protecting the rights and interests of the workforce in any establishment. Their formal recognition and legal standing are adjudicated by a crucial regulatory authority known as the Registrar of Trade Unions. Operating under the ambit of the Trade Unions Act, 1926, the Registrar plays a vital role in ensuring that the Trade Unions adhere to legal, transparent, and compliant practices. This article examines the Registrar’s statutory powers, essential duties, inherent limitations, and the mechanisms for judicial oversight, supported by relevant case laws and procedures alike.
Appointment of Registrar
Section 3 of the Trade Unions Act, 1926, provides for the appropriate government to appoint a Registrar of Trade Unions for each state under their respective jurisdiction.
In addition to the registrar, the appropriate government may also appoint any additional or deputy registrars who will be empowered to exercise all or any of the powers of the registrar within their specified areas. The registrar has jurisdiction within the administrative boundaries of the state or union territory.
Duties and Powers – Registrar of Trade Unions
- The primary function of the Registrar is to examine the applications made to him for registration and look at the objects of the Unions for which it may be formed. On compliance with statutory conditions provided in the Act, he shall grant a registration certificate to the Union as provided under Sections 8 and 9.
- Section 8 imposes a statutory duty upon the Registrar to register the Trade Union on being satisfied that the Trade Union has complied with the requirements of the Act. The Registrar must register a trade union if the Union satisfies all the technical requirements of this Act.
- The Registrar, on registering a Trade Union under Section 8, shall issue a certificate of registration in the prescribed form, which shall be conclusive evidence that the Trade Union has been duly registered under the Act (Section 9). The registration gives a stamp of due formation of the Trade Union and assures the mind of the employer that the Trade Union is an authenticated body, as held in the case of Food Corporation of India Staff Union v Food Corporation of India 1995 LLR 309 (SC) 3 JJ.
- The registrar must maintain a Register of Registrations. Every Registrar maintains an official register which includes the details of all the trade unions registered under the Act in their jurisdiction. This register includes the name, addresses, and other details relevant for administrative and legal purposes.
- The registrar also must examine the Annual Returns of the Unions. Under Section 28 of the Act, every trade union is required to file an annual return detailing its finances and activities. The Registrar is entrusted to ensure proper submission and examination of these returns, which may require corrections or explanations.
Limitations on the Registrar’s Authority
- The Registrar of Trade Unions functions as an administrative authority, not a quasi-judicial body. This distinction is necessary, as the Registrar lacks the power to adjudicate disputed questions of fact or law as held in the case of O.N.G.C. Workmen’s Association v. State of W.B. (1988) 57 FLR 522 (Cal).
- The Trade Unions Act, 1926, does not grant the Registrar the authority to adjudicate internal disputes regarding office-bearer positions. Therefore, such disputes fall under the jurisdiction of the Civil Court, as the Act doesn’t provide an alternative forum for resolving these matters. This ideology was supported in the case of R.N. Singh v State of Bihar 1998 LLR 645.
- No provision in the Trade Unions Act, 1926, or any other relevant law in India empowers the Registrar of Trade Unions to conduct or supervise elections for trade unions. Therefore, the orders directing the referral of internal disputes to an independent board or the holding of elections under the Registrar’s supervision lacked any legal authority as held in the case of Tata Workers Union v. State of Jharkhand, 2002 LLR 806.
- In the case of N.E. Railway Employees’ Union, Gorakhpur v Deputy Labour Commnr./Deputy Registrar Trade Unions, Gorakhpur (2003) II LLJ 201, it was held that the rights conferred to the registrar under the Trade Unions Act are neither fundamental nor common law rights. Under the Act, the Registrar has no absolute right, authority, or jurisdiction to adjudicate upon any elections set up by any of the rival factions or any other person. The Registrar’s inquiry, even if conducted in the presence of competing groups, remains administrative in nature. Since the registrar has not been conferred with the power of holding elections of the Unions, or superintendence or conduct of the elections. Therefore, filing a civil suit is the only remedy.
- The Registrar has no power to declare the election of office bearers of a union as unconstitutional. However, in the case where an individual had himself submitted to the jurisdiction of the Registrar by requesting him to enquire, he cannot subsequently be allowed to object that the Registrar acted without jurisdiction, as held in the case of Mukand Ram v S.I. Raza, Registrar AIR 1962 Pat 338.
Landmark Case Analysis: In Re Indian Steam Navigation Workers Union (AIR 1936 Cal 57)
This case highlights the precise nature of the Registrar’s duties. The Calcutta High Court held that the Registrar must examine the application and look at the objects for which the Union was formed. If such objects set out in the Act do not go outside the limits prescribed in the Act and if all the requirements of the Act have been complied with, the registrar must register the Union.
In this case, the Registrar refused registration, believing the applicant union was merely a disguised form of the I.G.N. Union, which had been declared an unlawful association. The Registrar relied on a letter written by the Secretary of the Union to the Bengal Government, wherein it was stated to declare the Union as unlawful association and the application be withdrawn. The Registrar appeared to have acted on the basis of the letter without giving an opportunity to the Union of expressing its view on the statements in the letter.
The High Court clarified that the Registrar’s duty under Section 8 is to register the union upon satisfaction of statutory compliance. It was the duty of the Registrar to examine the application and to look at the objects for which the union was formed. The Registrar was not at that stage which entitled him to go into the question whether the Union was another Trade Union which was registered and which was seeking registration under a different name. The Registrar has no discretion in the said matter. He was not justified in refusal of registration on the ground that the union applying for the registration was a union declared to be unlawful by the government under a different name.
The Registrar was directed to reconsider the application based solely on compliance with the Act’s registration requirements.
Appeal Against Decision of Registrar
Section 11 of the Act provides a limited right of appeal against the Registrar’s decisions. Any person aggrieved by the refusal of the registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration has the right of appeal to the High Court or an appropriate authority provided for the purpose.
The appeal is to be preferred within 60 days of the date on which the Registrar passed the order against which the appeal is made as per Regulation 19 of the Central Trade Union Regulations, 1938.
An appeal may be made to:
- The High Court, if the head office of the trade union is located in a presidential town.
- The labour court or industrial tribunal, if the head office of the trade union is located in its jurisdiction.
- If the head office of the trade union is in any other location, to such court, not inferior to the court of an additional or assistant judge of a principal civil court of original jurisdiction, as the appropriate government may appoint on this behalf for that area as provided under Section 11(1) of the Act.
As per Section 11(2) of the Act, 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. The Court may also set aside the order for withdrawal or cancellation of the certificate. The Registrar must comply with any such order passed by the Appellate Court.
In the case of Registrar of Trade Unions, W.B. v. Mihir Kumar Guha (1963), it was held that a trade union whose head office is in a presidency town has only a single chance of appeal against the decision of the registrar, which is to the High Court, while a trade union whose head office is in mufassil has two chances of appeals, first in the local court and Second in the High Court.
If the registration is unreasonably delayed (such as no action taken on the application for more than 3 months), a writ under Art. Article 226 of the Constitution can be issued in the matter as held in the case of A.C.C. Rajanka Lime Stone Quarries Mazdoor Union v. Registrar, AIR 1958 Pat 175.
Conclusion – Registrar of Trade Unions
The Registrar of Trade Unions, as defined under and appointed by the means of the Trade Unions Act, 1926, plays a vital role in the democratic functioning of the Trade Unions in India. As the primary authority responsible for registration, regulation, and oversight, the registrar ensures that the trade unions operate within the bounds of law while safeguarding the interests of workers. Their authority is strictly administrative and statutory, primarily focused on ensuring adherence to procedural requirements. Courts have consistently affirmed the Registrar’s non-judicial character, clarifying that internal union conflicts and disputes fall outside their purview. A systematic approach has also been provided under the Act to appeal against the decisions of the registrar of the trade unions.
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