Section 7 and 8 of the Trade Unions Act,1926 talks about the rights and duties of the registrar who is

appointed in order to carry out the registration process of a Trade Union. As under Section 7 it states
that the Registrar has the power in order to make enquiries as to what the contents of the application
of registration contains with special emphasis on the deliberation of any mistakes that so are seen or
any clarification that are to be made in order to ensure that the Registration Application does not
contravene any section in the Trade Union Act. While talking about the deliberation the registrar so
sees that the application is applicable under Section 5 of the Trade Unions Act. It is however
important to understand that an enquiry under this provision of the act can be made with regards to the
application alone and not through any other medium say something on the lines of personal
investigation as it would amount to a breach in the scope of duties that so are conferred upon the
registrar. With regards to the duties of the Registrar of Trade Union, it is enshrined as under Section 8
of the Trade Unions Act. Under such a provision it must be noted that if the registrar is satisfied with
the contents of the application that is made and is of the opinion after a literal interpretation of the
provisions that the said application merely satisfies all the conditions as required under the legislation
or in this case the Trade Unions Act, then in such a situation a duty is imposed upon him wherein he
will have to register the trade union by marking its entry into the Registry that is bound to be
maintained by him. The provision also states that in the case of an event wherein the registrar is not
satisfied with regards to the application that so was filed, then in such a case the registrar has a duty
that is conferred upon him such that he has to send in the refusal of registration to the office bearers of
the to-be-registered Trade Union. One loophole with regards to this provision is that the provision
completely forgets about the fact that the registration and its approval or rejection as a matter of fact is
time consuming atleast in practical terms and such a glaring omission as to the minimum time under
which such a registration has to be made is not specified as a result of which the registrars usually
resort to taking a lot of time before pronouncing their decision pertaining to the approval or the
rejection of such an application. While Central Government issued directives directing the Registrar
to pronounce such a decision at an “early date” which is again subjective in nature. Further the
cancellation of Registration is enshrined as under Section 10 of the Trade Unions Act. Under this
section if there is an intent of malice and such a registration is obtained through unlawful means say,
by misrepresenting or fraudulent ways, then such a registration of trade union will be cancelled.
Further, it is important that the Registered Trade Unions must abide by the Act that controls its
registration, incase the Registrar feels that the activity of the Registered Trade Union is in
contravention to the rules that are provided in the Trade Unions Act, then the Registration of such a
trade Union can be cancelled. Further it is important that while establishing the rules of the Trade
Union it should abide by the contents that so are mentioned in Section 6 of the Act. If a company’s
rules are either in contravention to that provision or fails to inculcate one of those rules, then the
Registration of such a Trade Union can be cancelled. Lastly if the prescribed quorum of members
aren’t present in the trade union then in that case the registration of the Trade Union can be Cancelled