IN RE INLAND STEAM NAVIGATION WORKERS UNION, AIR 1936 CAL 59

IN RE INLAND STEAM NAVIGATION WORKERS UNION, AIR 1936 CAL 59

 

 FACTS

1. This is an appeal by the Registrar of Trade Unions for Bengal.
2. The petition stated that on 8th March 1935 a meeting of the employees of all Inland Steamer Services in the Province of Bengal resolved to form a Union in the name of “Inland Steam Navigation Workers’ Union”.
3. It was also stated in para 2 that the rules of the said “Inland Steam Navigation Workers’ Union” were so framed as to enable all employees of all Inland Steamer Services in India to become members of the said Union and the subscription was fixed on a monthly basis.
4. Para 3 stated that thereafter, on the 26th March 1935, an application was filed before the Registrar of Trade Unions for registration of the said Union under the provisions of the Indian Trade Unions Act, 1926.
5. Para 4 stated that thereupon, on the 16th May 1935, the Registrar refused to register the Union on the ground that the present application is an attempt to have the Union which was registered on 18th September 1934 and thereafter declared an unlawful association to be registered under a new name.

 

ISSUE

Whether the Trade Union be denied registration by the Registrar?

 

CONTENTIONS

On behalf of the Registrar it is said that he came to the conclusion on the facts before him that this Union was really the I.G.N. Union under a different name. The I.G.N. Union had been declared to be an unlawful Association. Therefore he was justified in refusing to register this Union.

 

RATIONALE

The Court discussed the following:

1. Functions of the Registrar

The office of the Registrar of Trade Unions is one created by the Statute of 1926 and the functions which the Registrar has to perform are prescribed by that Act.

The functions are laid down in S. 8. The Registrar on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration shall register the Trade Union. Then the prescribed form is set out. The new Union may or may not be a continuation of the other Union or its successor. Whether the new Union is or is not the same as, or successor to the old Union, depends on evidence. Until further evidence is forthcoming it would be impossible to say whether the new Union is or not the same as the old Union or the successor to the old Union.

1. Duties of the Registrar

The duties of the Registrar were to examine the application and to look at the objects for which the Union was formed. If those objects were objects set out in the Act, and if those objects did not go outside the objects prescribed in the Act and if all the requirements of the Act, and the regulations made thereunder had been complied with it was his duty to register the Union.

1. Declaration of a Union as unlawful

If at some time that Union is deemed by those who have the power to deal with the matter to be an unlawful association within S. 16, Criminal Law Amendment Act, this Union can be proscribed as an unlawful association in the same way as any other body.

 

HELD:

It was held that the appeal should be allowed and the matter should be sent back to the Registrar for him to consider the question as to whether the requirements of the Act, and the regulations made thereunder, with regard to registration, have been complied with, or not. If, on the face of the application, the objects and the provisions for carrying them out are within what is allowed by the Act and the requirements as to registration have been complied with, he should register; if not, he should decline to register.