REGISTRATION OF TRADE UNIONSCentral

Section 11 of THE TRADE UNIONS ACT, 1926

Appeal.

1*[11. Appeal.- (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 2***, to the High Court, or
(b)where the head office is situated in any other 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 3*[appropriate Government] may appoint in this behalf for that area.

↩1.Subs. by Act 15 of 1928, s. 2, for the original section.

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↩3.Subs., ibid., for "L. G.".

2. The words "or of Rangoon" omitted by the A. O. 1937.

(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 for 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 powers	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.]

12.

Registered office.

Summary

Anyone unhappy with the Registrar refusing to register a union can file an appeal.
If a certificate is cancelled or withdrawn, the union has the right to appeal that decision.
Appeals in big cities known as Presidency towns must be sent to the High Court.
In other areas, the appeal goes to a local Civil Court designated by the government.
The court has the power to tell the Registrar to register the union or give back its certificate.
If a local court dismisses an appeal, the person can then appeal one more time to the High Court.

Practical examples

1Arjun tries to register his new dockworkers union in Mumbai, a Presidency town, but the Registrar says no, so Arjun files an appeal with the High Court within the allowed time.

2A small court in a rural district rules against a union that was trying to get its cancelled certificate back, so the union leaders decide to take their case to the High Court for a final look.

FAQ

1. What can a court do if it agrees with a union's appeal under Section 11 of the Trade Unions Act, 1926?

Under Section 11 of the Trade Unions Act, 1926, the appellate court can pass an order directing the Registrar to register the union and issue a certificate, or it can set aside the order that cancelled the certificate.

2. Who pays for the legal costs of an appeal under Section 11 of the Trade Unions Act, 1926?

Section 11 of the Trade Unions Act, 1926 states that the court can decide who pays the whole or any part of the costs, and these costs are recovered just like they would be in a regular civil suit.

3. If the Registrar refuses to register a union under Section 8, can I use Section 11 of the Trade Unions Act, 1926?

Yes, Section 11 of the Trade Unions Act, 1926 specifically provides the right to appeal to any person aggrieved by the Registrar's refusal to register a Trade Union.

Test yourself

Q1.Under Section 11 of the Trade Unions Act, 1926, where is an appeal filed if the head office is in a Presidency town?

Q2.According to Section 11 of the Trade Unions Act, 1926, what is the Registrar required to do if the court passes an order to register a union?

Q3.When a court hears an appeal under Section 11 of the Trade Unions Act, 1926, what rules of procedure does it follow?

Q4.If a local court dismisses an appeal under Section 11 of the Trade Unions Act, 1926, what is the next step for the aggrieved person?

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