Seven workmen have signed the application for registration of a Trade Union. Three of them inform the registrator of Trade Union before registering that they have withdrawn their consent to be member of the Trade Union. Registrator refuses to register the Trade Union. Decide.

Facts of the Case

Seven workmen jointly signed an application for registration of a Trade Union under the Trade Unions Act, 1926. Before the Registrar of Trade Unions completed the registration process, three of the seven workmen formally informed the Registrar that they had withdrawn their consent and no longer wished to be members of the proposed Trade Union. As a result, the Registrar refused to register the Trade Union on the ground that the statutory minimum number of members was no longer satisfied at the time of registration.

Issues in the Case

1. Whether withdrawal of consent by some applicants before registration affects the validity of the application.
2. Whether the Registrar was justified in refusing registration of the Trade Union.
3. Whether the statutory requirement regarding minimum members was complied with.

Legal Principles Covered to Support Case Proceedings and Judgements

Under Section 4 of the Trade Unions Act, 1926, a minimum of seven members is required to apply for registration of a Trade Union. The relevant requirement is that seven or more persons must be members at the time of making the application. Subsequent withdrawal of consent before registration does not invalidate the application if the statutory condition was fulfilled when the application was submitted. The Registrar’s role is administrative, and refusal is permissible only if statutory requirements are not met at the time of application.

Possible Judgement

The Registrar’s refusal to register the Trade Union is likely to be held illegal. Since seven workmen were members at the time of submitting the application, the statutory requirement was satisfied. The Registrar would be directed to register the Trade Union, notwithstanding the subsequent withdrawal of consent by three members before registration.

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Trade Union registration is a vital step in protecting collective labour rights, and statutory authorities must act strictly within the framework of law. Arbitrary refusal can weaken workers’ representation and bargaining power. If you are facing challenges related to trade union registration, membership disputes, or compliance under labour laws, expert legal guidance can make a significant difference. Visit lawgana.in to access reliable legal insights, practical explanations, and professional support on labour and trade union laws in India. Stay informed, assert your collective rights, and ensure lawful recognition of worker organizations.