Court : Rajasthan
Reported in : (1998)IIILLJ1226Raj; 1996(2)WLN402
..... discussing with the different facets of section 10(b) expressed the view that a certificate of registration may be withdrawn or cancelled if the registrar is satisfied (i) that the certificate has been obtained by fraud or mistake ; (ii) or the trade union has ceased to exist; (iii) or has wilfully and after notice from the registrar contravened any provision of this act; (iv) or allowed any rule to continue in force which is inconsistent with any such provision; and (v) or ..... advocate general in support of the special appeal contended before us that both the learned single judge as well as the learned district judge failed to consider the legal provisions contained under the trade unions act and decided the matter illegally by not taking the correct view of the law and accordingly, the orders impugned are liable to be set aside and/or quashed. mr. ..... the attention of the court having been invited to the averments made in the memo of appeal before the appellate authority that the secretary of the trade union had requested the inspector to shift the time of inspection and that the representative was waiting for the inspector at that hour, but in vain, it was open to the gravest doubt as to whether ..... was further held in that case that under section 10 of the trade unions act, the certificate of registration of a trade union may be cancelled if the registrar of trade union is satisfied that the trade union has wilfully and after notice from the registrar contravened any provision of .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom
..... the factual matrix set out in the petition and which is relevant and necessary for considering the question involved reveals that the respondent-union, registered in june, 1971 under the trade unions act, was functioning for more than two decades in the factory of the respondent-company at thane. ..... of the union recognised under the said chapter, it would cancel its ..... employees; or (iii) the recognised union has, after its recognition, failed to observe the conditions specified in section 19; or (iv) the recognised union is not being conducted bona fide and is being conducted in the interest of employer to the prejudice of the interest of the employees; or (v) it has instigated, aided or assisted the commencement or continuation of a strike which is deemed to be illegal under the act; or (vi) its registration under the trade unions act, 1926 is cancelled; or (vii) another union has been recognised in place .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad234; [1962(5)FLR168]; (1962)ILLJ753Mad
..... next, the learned judge pointed out that the concept of "collective bargaining", which is the rationale behind the trade union movement and the existence of the trade unions was wholly inappropriate when applied to government servants.this was all the more so in this country where the civil service was not a mere tenure at the pleasure of the crown, as in the united kingdom, ..... further contends that recent case-law has been in the opposite direction, namely the direction of recognising even governmental activities as part of "industry", and the employees of such branches of administration as 'workers' entitled to form trade unions, subject of course, to well-recognised exceptions (section 2(s) of act xiv of 1947), categories (i) to (iv); the cases relied on, chiefly are state of bombay v. ..... that any distinction between tenure at the pleasure of the crown, in the united kingdom and tenure subject to constitutional safeguards, as in this country, is really invalid for the purpose of applying the criterion under the trade unions act, and that, in brief, the learned judge was in error in holding that the appellant ..... is obviously unsustainable.the very terms of section 8 are that the registrar has to register the union"on being satisfied that the trade union has complied with all the requirements of this act"; this shows that where the definitions under sections 2(g) and 2(h) are themselves inapplicable to the so-called union, the registrar has every power to decline the registration. .....
Tag this Judgment!Court : Karnataka
Reported in : [2002(93)FLR580]; 2002(2)KarLJ245
..... and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person and 'workmen' means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and(h) 'trade union' means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between the workmen and employers or between workmen and workmen, or between ..... question that falls for consideration before us, we express no opinion on the same and leave the question open'.the supreme court, in the said judgment has made it clear that any group of employees may be registered as a trade union under the act for the purpose of regulating the relations between them and their employer or between themselves.9. ..... this court in para 7 rules as under;'it is clear from the definition of the expression 'trade union' that it could be a combination either of workmen or of employees or of both, provided it is formed primarily for one of the purposes mentioned in clause (h) of section 2 of the ..... in the said endorsement, the authority has refused to register the 1st petitioner as a trade union on the ground that the applicants are not the workmen and besides the applicants are supervisory officers and ..... the officers and the supervisory staff working in the gttc resolved to form a trade union in the name and style of the 'government tool room and training centre' .....
Tag this Judgment!Court : Allahabad
Reported in : [1991(63)FLR823]; (1992)IILLJ239All; (1991)2UPLBEC1345
..... in this connection, it would not be out of place to mention that on the own showing of the petitioner, the papers were initially submitted to the registrar of trade unions for registering the changes but vide his letter dated april 5, 1991 (annexure 13) he returned the same to the dy.labour commissioner for being dealt with at his own ..... to exercise all powers and functions of the registrar of trade unions in the areas of their respective jurisdictions save for the powers and functions relating to registration of trade unions and cancellation of registration, change of name and amalgamation of trade unions under sections 8, 10, 23 and 24 respectively under the ..... form is annual return prescribed under section 28 of the indian trade unions act, 1926 for the year ending 31st march 19....in this form, the trade union is required to furnish the changes of the officers relinquishing office ..... the changes are entered in the register of trade unions, this exercise of communication of changes of officers to the registrar on the conclusion of the elections of office-bearers and the entries, made consequent thereto in the register of trade unions pertaining to that trade union cannot legitimately be characterised as the act of registration of the trade union under section 8. ..... 1990, the substance of which has been set out hereinabove, specifically excepts the power of the registrar of registering trade unions under section 8 of the act from the powers delegated under the notification to the dy. .....
Tag this Judgment!Court : Chennai
Reported in : 1999(1)CTC301; [1999(81)FLR1008]; (1999)ILLJ308Mad; (1999)IMLJ424
..... section 10(b) of the act is relevant for the aforesaid purpose, which reads thus:'(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 ..... in the affidavit filed in support of the impleading petition it is stated that the neyveli national workers union bearing registration no.286/sat was affiliated to the tamil nadu indian national trade union congress and indian national trade union congress, new delhi and after they registered the new union under name and the style of neyveli national workers and staff union under registration no.43/sav, and they have got themselves affiliated to the intuc, tamil nadu and ..... or cancellation of certificate of registration under clause (b) of section 10 of the act...........trade union.register no.notice is hereby given to the abovementioned trade union that it is the intention of the registrar to proceed on the date of* 19, to withdraw (or cancel) the certificate of registration of the trade union, unless cause be shown to the contrary in the meantime.the ground of such proposed withdrawal (or cancellation) is that the certificate of registration has been obtained by fraud (or mistake), or that the trade union has ceased to exist or has wilfully and after notice .....
Tag this Judgment!Court : Chennai
Reported in : AIR1962Mad231; (1961)ILLJ599Mad; (1961)2MLJ554
..... 11 of the trade unions act seeking to set aside the order of the registrar of trade unions, madras refusing to register the union of employees of the madras raj bhavan as a trade union under the trade unions act xvi of 1926, which for the sake of brevity i shall hereafter refer to as the ..... i am very doubtful whether at all it could be said that the industrial disputes act and the trade unions act form as it were a system or codes of legislation so far that either could be read together as in pari materia, that is, as forming one systems and interpreting one in the light of ..... section 2(h) defines a trade union thus :'trade union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen or workmen, or between employers, and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions' (proviso is omitted as unnecessary).the term 'workmen has not been independently defined in ..... 1959, seven of the employees applied to the registrar of trade unions, madras, for registration of their union as a trade union under the trade unions act of 1926. ..... states :'any seven or more members of a trade union may be subscribing their names to the rules of the trade union and by otherwise complying with the provisions of this act with respect to registration apply for registration of the trade union under this act. .....
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ509Mad
..... third respondent conform to the model constitution as provided for by the rules framed by the second respondent and to direct the respondents 1 and 2 to take action against the office bearers of the third respondent as per the trade unions act. 2. w.p. no. 12043 of 1989 is also by the same person for quashing the order of the first respondent in his b-3/11122/88 dated june 20, 1989. 3 ..... the cancellation was based on the memorandum from the commissioner of labour, madras stating that the third respondent violated the provisions of trade unions act, 1926 by making several amendments in the registered bye-laws and adopting the same ..... after bringing to the notice of the aforesaid features, learned counsel cited the provisions contained in section 6 of the trade unions act, 1926, which contain the conditions for the registration ..... deshpande and another (supra) contended that when the registrar cancels or withdraws the registration of a trade union, it has the option to appeal or to apply for a 2s fresh registration ..... if the byelaws of the union are inconsistent with the provisions of the trade unions act, the registration of the trade union is liable to be cancelled ..... even though the registration and cancellation is administrative action on the part of the registrar of trade unions, if it has been an order of registration and cancellation simpliciter ..... . the amendments or alterations in the rules of the recognised trade union should be sent to the registrar within 15 days, in default fine can he .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(1)BomCR286; [1986(52)FLR367]; (1986)IILLJ290Bom; 1986MhLJ267
..... section 8 provides that the registrar, on being satisfied that a trade union has complied with all the requirements of the said act in regard to registration, shall register the trade union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union contained in the statement accompanying the application for registration. ..... the appellate court may dismiss the appeal, or it may pass an order directing the registrar to register the trade union and to issue a certificate of registration, or it may set aside the order of withdrawal or cancellation. ..... the 2nd respondent was until 10th august, 1983 registered as a trade union under the provisions of the trade unions act, 1926 (now referred to as 'the said act'). ..... on 18th august, 1984 the registrar of trade unions informed the 2nd respondent, with reference to its letters enclosing the annual return and requesting restoration of registration, that the letter dated 11th august, 1983 'is hereby withdrawn as the union has complied with provisions of trade unions act, 1926, by submitting the necessary annual returns'. ..... on 11th august, 1983 the additional registrar of trade unions informed the rashtriya mukand employee's union (the 2nd respondent that he had on 10th august, 1983 cancelled its registration on the ground that it had contravened the provisions of section 28 of the trade union act by failing to send an annual return. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1988)ILLJ83AP
..... himself that the alteration has been made in the manner laid down by the rules of the trade union and is not inconsistent with any of the provisions of the act, shall register the alteration in the entry relating to the trade union in the register of trade union prescribed under regulation 4 and deliver to the secretary of such trade union a copy of the alteration with a certificate appended thereto to the effect that the alteration has been ..... the question whether these amendments and alterations have been made in the manner laid down by the rules of the trade union depends for its answer upon the truth or otherwise of the allegations made by the petitioners that the signatures were forged and the general body ..... these amended rules provide for the affiliation of the trade union with the indian national trade union congress and make admission to the trade union subject to the condition that the workers of the hyderabad allwyn limited accept the policies and ..... trade union regulations and more particularly under regulation 15, the registrar of trade unions has been given the power to register the alterations to the rules after satisfying him-self that the alterations have been made in the manner laid down by the rules of the trade union and is not inconsistent with any of the provisions of the trade union ..... only after satisfying himself that the alteration has been made in the manner laid down by the rules of the trade union and is not inconsistent with any of the provisions of the act. .....
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