Powers and Functions of Registrar Under Trade Union Act
Powers and Functions of Registrar Under Trade Union Act
The Registrar of Trade Unions plays a pivotal role in regulating trade unions. The office is entrusted with several administrative and quasi-judicial powers to ensure trade unions are registered, maintained, and regulated according to the law.
Main Powers and Functions of the Registrar:
1. Registration of Trade Unions
The Registrar has the power to register a trade union if it meets the prescribed conditions.
The Registrar examines the application and supporting documents to confirm compliance.
If satisfied, the Registrar issues a certificate of registration, granting legal recognition to the trade union.
Case Example:
In Bharat Heavy Electricals Ltd. v. Workmen, the court emphasized that the Registrar’s function of registration is to ensure that the union satisfies legal requirements but does not interfere with its internal management unless there is non-compliance.
2. Refusal to Register
The Registrar may refuse registration if the application or documents do not comply with the necessary conditions.
The decision must be made after a careful scrutiny of the application.
Case Example:
In General Secretary, Kerala State Electricity Board Employees Union v. Kerala Electricity Board, the court held that the Registrar must give reasons for refusal and that refusal must be based on valid grounds, ensuring the Registrar’s discretion is judicial and not arbitrary.
3. Inspection and Inquiry
The Registrar has the power to inspect the records of a registered trade union.
The Registrar may conduct inquiries into the affairs of the trade union if there are allegations of mismanagement or non-compliance.
Case Example:
In C. Janardhanan v. Registrar of Trade Unions, the court recognized the Registrar’s authority to inquire into the functioning of trade unions to protect the interests of members.
4. Cancellation or Suspension of Registration
The Registrar may cancel or suspend the registration of a trade union if it acts against the law or the interests of its members.
This power is exercised after due process, ensuring natural justice.
Case Example:
In Rajasthan State Road Transport Corporation v. R.S.R.T.C. Mazdoor Union, the court held that cancellation by the Registrar requires substantial evidence of misconduct and procedural fairness.
5. Maintaining a Register of Trade Unions
The Registrar keeps and maintains a public register of all trade unions registered in the jurisdiction.
This ensures transparency and public knowledge about trade unions.
6. Issuing Certified Copies
The Registrar can issue certified copies of the registration certificate and related documents for official use.
7. Resolving Disputes Between Trade Unions
In certain cases, the Registrar acts as a quasi-judicial authority to adjudicate disputes between trade unions, especially over name, membership, or representation.
Case Example:
In All India Bank Employees' Association v. Registrar of Trade Unions, the court acknowledged the Registrar’s role in resolving disputes to prevent confusion among union members.
Summary Table of Powers and Functions
| Power/Function | Description | Case Law Illustration |
|---|---|---|
| Registration | Registering compliant trade unions | Bharat Heavy Electricals Ltd. v. Workmen |
| Refusal of Registration | Refuse non-compliant applications | General Secretary, Kerala State Electricity Board v. Kerala Electricity Board |
| Inspection and Inquiry | Inspect records and inquire into affairs | C. Janardhanan v. Registrar of Trade Unions |
| Cancellation/Suspension | Cancel or suspend registration for misconduct | Rajasthan State Road Transport Corporation v. R.S.R.T.C. Mazdoor Union |
| Maintaining Register | Keep public register of trade unions | - |
| Issuing Certified Copies | Provide official certified documents | - |
| Resolving Disputes | Adjudicate disputes between trade unions | All India Bank Employees' Association v. Registrar of Trade Unions |
Important Principles Regarding Registrar’s Powers
Discretionary but Judicial: Registrar’s powers are discretionary but must be exercised judicially, following principles of fairness.
Non-interference in Internal Matters: Registrar does not interfere in the internal management of trade unions unless there is a breach of law.
Natural Justice: Registrar must ensure the affected parties get a fair hearing before adverse action.
Protecting Members’ Interests: The Registrar acts as a protector of the collective interests of the members and the integrity of trade unions.
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