Is Our Union Still Valid with Only 6 Members? Seeking Clarity on Trade Union Act 1926

I am working with one of the pharmaceutical companies; here we have the Union of "Akhil Bhartiya Chhava Sangh." At the time of the formation of the union, it had only 7 employees. After the formation of the union, within a few months, one of the union employees passed away. All employees are on the company's payroll as permanent employees. Currently, there are only 6 employees remaining.

So, my question is, is this union valid? According to the Trade Union Act of 1926, a union should have a minimum of 7 members. Please clarify my doubt.

What is the total number of employees in the company at the time the union was registered?

Is your union a unit of the union referred to in your post?

What is the date of registration of the union?

Trade Union Membership Requirements

Section 9-A of the Trade Union Act states that a registered Trade Union should always maintain the minimum number of members, such as 10% of the workmen or 100 workers, whichever is less, subject to a minimum of seven persons who are employees of the establishment. This means that if the number falls below six, the registration will be canceled. According to Section 10(c), registration will be canceled if the trade union ceases to have the requisite number of members. Consequently, the trade union in your establishment will cease to exist.

Regards,
Madhu.T.K

Documentation Required for Union Recognition

What documents need to be provided by HR to the union secretary to demonstrate that the union in question has fewer than 7 members and is therefore unrecognized?

Trade Union Recognition and Registration

Trade union recognition and registration are two different things. Registration is granted and withdrawn by the Registrar of Trade Unions, and it has nothing to do with the employer. Therefore, if the registration of a trade union has to be cancelled, the company can only inform the Registrar, and the rest should be taken care of by the latter. There is no specific format used for informing the decrease in the number of members.

I hope that Shri. Harikrishnan will be able to provide more practical insights on this matter.

Regards,
Madhu T. K.

Notification of Reduced Union Membership

Who will inform (employer or TU office bearers) the registrar of the Trade Union (TU) that the members have fallen to 6? What actions will the registrar of the TU take, and how will they inform the employer and TU office bearers that their union is canceled?

Steps to Prevent Union Cancellation

To prevent cancellation, if the union members wish to appoint a 7th member, what actions must they take? If the management does not recognize the 7th member, what would be the repercussions?

Please guide.

Circumstances for Cancellation of Trade Union Registration

Sec. 10 of the Trade Unions Act 1929 lays down the circumstances under which the registrar can cancel the registration of the trade union.

• He can cancel the registration on the application of the trade union or
• If the certificate of registration is obtained by fraud or mistake; or
• If the trade union ceased to exist; or
• If it contravened any provisions of the Act; or
• If the trade union ceases to have the requisite number of members.

In all the above circumstances, all but the last (no. 5) will be relevant in your case. The question is whether the "requisite number of workmen" means the "seven members" required for making an application for registration or the minimum 10% or 100 workmen which a trade union should have as its members as per Sec. 9-A of the Act.

In my view, the requisite number of workmen refers to the stipulation of "10% or 100 workmen" which a trade union is required to maintain at "all times" as required under Sec. 9-A of the Act. The emphasis is on the words "all times" mentioned under Sec. 9-A. Thus, a trade union at any point of time should have the aforesaid stipulated minimum (10% or 100 workmen) as its members. Further, the minimum seven members are required only to make an application for registration as per Sec. 4 of the Act. The words "all times" are not used with reference to this number of "seven workmen" who are required to make an application for registration.

In my view, therefore, if once a trade union was registered, if one of the seven men subsequently ceased to be a member of the union either on account of death or resignation or otherwise, it does not render the registration invalid so long as the minimum 10% or 100 workmen, whichever is less, continue to be members of the union.

This is purely my interpretation.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
[Phone Number Removed For Privacy Reasons]

No more comments, but section 10(c) may be interpreted correctly. It refers to the cancellation of "registration," and as such, the question of everlasting registration is not there like that of ESI or EPF coverage.

Regards,
Madhu.T.K