Registration of a trade union is not compulsory but is desirable since a registered trade union enjoys certain rights and privileges under the Act. Minimum seven workers of an establishment (or seven employers) can form a trade union and apply to the Registrar for it registration.
- The application for registration should be in the prescribed form and accompanied by the prescribed fee, a copy of the rules of the union signed by at least 7 members, and a statement containing
- the names, addresses and occupations of the members making the application,
- the name of the trade union and the addresses of its head office, and
- the titles, names, ages, addresses and occupations of its office bearers.
- If the union has been in existence for more than a year, then a statement of its assets and liabilities in the prescribed form should be submitted along with the application.
- The registrar may call for further information for satisfying himself that the application is complete and is in accordance with the provisions, and that the proposed name does not resemble
- On being satisfied with all the requirements, the registrar shall register the trade union and issue a certificate of registration, which shall be conclusive evidence of its registration.
Legal status of a registered trade union
- A registered trade union is a body corporate with perpetual succession and a common seal.
- It can acquire, hold sell or transfer any movable or immovable property and can be a party to contracts.
- It can sue and be sued in its own name
- No civil suit or other legal proceeding can be initiated against a registered trade union in respect of any act done in furtherance of a trade dispute under certain conditions.
No agreement between the members of a registered trade union shall be void or voidable merely on the ground that any of its objects is in restraint of trade.