Definition: Under Section 2(h) of the Trade Unions Act, 1926, a Trade Union is any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers, or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business.
1. Procedure for Registration (Sections 3–9)
Registration gives a trade union a legal personality and grants it certain immunities.
A. Appointment of Registrars (Section 3)
The appropriate government appoints a Registrar of Trade Unions and additional/deputy registrars to oversee the process for a specific area.
B. Application for Registration (Section 4 & 5)
Minimum Membership: Any seven or more members of a trade union may apply for registration.
The 10% Rule: The application is valid only if at least 10% or 100 of the workmen (whichever is less) engaged in the establishment are members of the union at the time of application.
Required Documents: The application must be sent to the Registrar with:
The names, occupations, and addresses of the members making the application.
The name of the trade union and the address of its head office.
The titles, names, ages, addresses, and occupations of the office-bearers.
A copy of the Rules of the Trade Union (covering objects, funds, fines, and executive composition).
C. Registration and Certificate (Section 8 & 9)
If the Registrar is satisfied that the union has complied with all requirements, they register the union by entering its particulars in a register and issuing a Certificate of Registration, which serves as conclusive evidence of its legal status.
2. Procedure for Recognition
While Registration is a legal formality with the government, Recognition is the process by which an employer agrees to bargain exclusively with a particular union.
A. Modes of Recognition
Since the central Act is silent on this, recognition is typically handled through:
Code of Discipline (Voluntary): Adopted at the 16th Indian Labour Conference (1958). A union must have been registered for at least one year and represent at least 15% of the workers in an establishment to claim recognition.
State Legislations: Some states (like Maharashtra and Gujarat) have specific Acts (e.g., MRTU & PULP Act) that provide a statutory process for recognizing a "Representative Union."
B. Methods to Determine Strength
When multiple unions claim recognition, their membership is verified via:
Verification of Records: The Registrar checks the membership registers and fee receipts of the unions.
Secret Ballot: Workers vote to choose which union should represent them. This is the most transparent and widely preferred method today.
Check-off System: The employer deducts union fees from the wages of workers (based on written authorization) and pays them to the union, thereby verifying the union's actual following.
Difference between Registration and Recognition
| Feature | Registration | Recognition |
| Legal Basis | Statutory (Trade Unions Act, 1926). | Mostly voluntary (Code of Discipline). |
| Authority | Registrar of Trade Unions. | The Employer. |
| Benefit | Legal status and immunities. | Right to Collective Bargaining. |
| Requirement | 7 members (meeting the 10% rule). | Usually 15% to 25% of total workforce. |
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