Tuesday, 11 October 2016

Cancellation of Registration & Appeal against cancellation of a Trade Union

Under Section 10 Cancellation of registration.-

A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar-

(a) on the application of the Trade Union to be verified in such manner as may be prescribed;
(b) if the Registrar; is satisfied that the certificate has been obtained by fraud or mistake or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision or has rescinded any rule providing for any matter provision for which is required by section 6:

Provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.

(i) Registration of a trade union, once registered, cannot be cancelled save and except under section 10; Phillips Workers Union v. Registrar of Trade Unions, (1989) 58 FLR 58 (Cal).
(ii) The Order of cancellation of registration of Trade Union passed by the Registrar without hearing the Union is violative of principles of natural justice and illegal, hence liable to be quashed; Nagda Rashtra Sevak Karamchari Congress v. Industrial Court, 1997 (77) FLR 139.

Under Section 11. Appeal against an order of Registrar can be Submitted. -
(1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal-
(a) where the head office of the Trade Union is situated within the limits of a Presidency town to the High Court, or
(b) where the head office is situated in any area, 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 in this behalf for that area.

(2) 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 under the provisions of section 9 or setting aside the order or withdrawal or cancellation of the certificate, as the case may be, and the Registrar shall comply with such order.
3) For the purpose of an appeal under sub-section (1) an appellate court shall, so far as may be, follow the same procedure and have the same power as it follows and has when trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had been awarded in a suit under the said Code.
(4) In the event of the dismissal of an appeal by any court appointed under clause (b) of sub-section (1) the person aggrieved shall have a right of appeal to the High Court, and the High Court shall, for the purpose of such appeal, have all the powers of an appellate court under sub-sections (2) and (3), and the provisions of those sub-sections shall apply accordingly.)

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