Meaning and Concept of Registration of Trade Union
Registration of a Trade Union refers to the formal legal process by which a trade union obtains recognition under the Trade Unions Act, 1926. According to Section 8 of the Act, any trade union may apply for registration to the Registrar of Trade Unions to acquire a legal status. Registration is not compulsory, but it is highly beneficial because only a registered trade union enjoys statutory rights and immunities. Once registered, the trade union becomes a body corporate with perpetual succession and a common seal as provided under Section 13. This legal recognition enables the union to function independently, represent workmen effectively, and protect their collective interests. The object of registration is to encourage lawful trade unionism and ensure accountability, transparency, and discipline in industrial relations.
Procedure for Registration
The procedure for registration of a trade union is laid down under Section 5 and Section 6 of the Trade Unions Act, 1926. An application for registration must be made by at least seven members of the trade union and must be submitted to the Registrar. The application should be accompanied by a copy of the rules of the trade union, containing particulars such as the name of the union, objects, office bearers, and the manner of admission of members. Under Section 7, the Registrar has the power to call for further information and to register the trade union if satisfied that all legal requirements are fulfilled. Upon registration, a certificate of registration is issued, which serves as conclusive evidence that the trade union is duly registered.
Legal Effects and Importance of Registration
Registration confers several legal advantages on a trade union. Under Section 13, a registered trade union becomes a legal entity capable of suing and being sued in its own name. One of the most significant benefits is provided under Sections 17 and 18, which grant immunity from criminal conspiracy and civil liability in certain trade disputes. These immunities enable trade unions to carry out collective bargaining and industrial action without fear of legal repercussions, provided they act within the limits of the law. Registration also enhances the credibility of the trade union before employers and authorities, making it an effective instrument for protecting workers’ rights and promoting industrial harmony.
Real-Time Practical Example
A real-time example of registration of a trade union can be seen in a manufacturing company where workers form a union to address issues like low wages and unsafe working conditions. Suppose 50 workers in a factory come together and form “ABC Workers Union.” They submit an application with required documents to the Registrar of Trade Unions under the Trade Unions Act, 1926. After verification, the Registrar issues a registration certificate. Once registered, ABC Workers Union can legally negotiate with the employer, represent workers before labour courts, and enjoy statutory immunities. This registration empowers the workers collectively and strengthens their bargaining position.
Mnemonic to Remember Registration of Trade Union
Mnemonic: “R.E.G.I.S.T.E.R”
R – Registrar
E – Eligibility of members
G – Governing rules
I – Immunities granted
S – Sections 5 to 8
T – Trade disputes protection
E – Evidence of registration
R – Rights and recognition
This mnemonic helps recall the concept, procedure, and benefits of registration during exams.
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