Q-4: Describe the cancellation of registration of trade union?
Ans: CANCELLATION OF (REGISTRATION OF TRAPS UNION [SECTION 12]
The registration of a trade union can be cancelled by the following authorities under the powers conferred on them by section 12 of IRO:
(a) Labour court on complaint of registrar.
(b) Registrar on his own authority
(a) Cancellation by Labour Court on Complaint of Registrar
The Labour court upon a written complaint made by the registrar, in respect of any of the following matters shall direct the cancellation of a trade union.
The grounds of cancellation are:
The Labour Court shall cancel the registration of trade union on any complaint on the following grounds. Sec. 12
1. If the trade union has violated any provision of IRO.
2. If trade union has violated any provision of its own constitution.
3. If trade union has dissolved itself and does not exist anymore.
4. If disqualified person has been elected as an officer of the trade union.
Appeal against cancellation of registration
A in trade union aggrieved by a decision given
1. By theLabour Courtmay appeal to the high court.
2. By the registrar may appeal to theLabour Court(Sec, 13)
(b) Cancellation by Registrar Under Own Authority [Section 12(3)]
The registrar shall cancel the registration of a trade union, by giving reasons for such cancellation in writing, and after holding an inquiry finds that a trade union:
(i) Has dissolved it or has ceased to exist.
(ii) Has not been a contestant for determination of CBA.
(iii) Has not applied for determination of CBA within 2 Months of its registration.
(iv) Has secured less than 15% of polled votes per final list of voters.
(c) Appeal Against Cancellation [Section 13]
Any trade union aggrieved by a decision of the labour court or registrar can appeal to higher authority as under:
|(a)||Against order ofLabour Courtcanceling the registration under section 12(1) or 12(2).||Appeal shall be made to High Court.|
|(b)||Against order of the registrar canceling registration under section 12(3).||Appeal shall be made toLabour Court.|
(d) Registration And Certificate Of Registration [Section 9 & 11]
The process of registration of trade union is as follows;
1. The registrar on receipt of registration application shall exercise due diligence and verification of facts and satisfy that the trade union has complied with all requirements of IRO.
2. The registrar shall register the trade union and issue registration certificate within 15 days of application and also intimate the concerned employer.
3. If the registration application is deficient in any material respect, the registrar shall communicate, in writing, all his objections within 15 days of application, and trade union shall reply within 15 days of objection.
4. If objections are satisfactorily met the registrar shall register trade union and issue certificate of registration within 3 days of meeting of objections under intimation to employer.
5. If objections are not met satisfactorily or no reply received the registrar shall reject the application.
6. When application is rejected the trade union may appeal toLabour Court, which may direct registrar to register or dismiss the appeal.
The certificate of registration shall be conclusive evidence of registration under Section 4 of IRO.
Trade union To Maintain certain Registers [Section 8]
Every registered trade union shall maintain the following registers in the prescribed form:
(a) Register of subscription of members.
(b) Account books showing receipt and expenditure.
(c) Minutes books for recording proceedings of meetings.