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REGISTRATION

Registration of a trade union is not compulsory but is desirable since a registered trade union enjoys certain rights and privileges under the Act. Minimum seven workers of an establishment (or seven employers) can form a trade union and apply to the Registrar for it registration.

• The application for registration should be in the prescribed form and accompanied by the prescribed fee, a copy of the rules of the union signed by at least 7 members, and a statement containing

(a) the names, addresses and occupations of the members making the application,
(b) the name of the trade union and the addresses of its head office, and
(c) the titles, names, ages, addresses and occupations of its office bearers.

• If the union has been in existence for more than a year, then a statement of its assets and liabilities in the prescribed form should be submitted along with the application.

• The registrar may call for further information for satisfying himself that the application is complete and is in accordance with the provisions, and that the proposed name does not resemble

• On being satisfied with all the requirements, the registrar shall register the trade union and issue a certificate of registration, which shall be conclusive evidence of its registration.

LEGAL STATUS OF A REGISTERED TRADE UNION

• A registered trade union is a body corporate with perpetual succession and a common seal.

• It can acquire, hold sell or transfer any movable or immovable property and can be a party to contracts.

• It can sue and be sued in its own name

• No civil suit or other legal proceeding can be initiated against a registered trade union in respect of any act done in furtherance of a trade dispute under certain conditions.

• No agreement between the members of a registered trade union shall be void or voidable merely on the ground that any of its objects is in restraint of trade.

APPOINTMENT OF OFFICE BEARERS

At least 50% of the office bearers of a union should be actually engaged or employed in the industry with which the trade union is concerned, and the remaining 50% or less can be outsiders such as Lawyers, politicians, social workers etc.

To be appointed as an office bearer or executive of a registered trade union, a person must have

1. attained the age of 18 years; and

2. not been convicted of any affiance involving moral turpitude and sentenced to imprisonment, or a period of at least 5 years has elapsed since his release.