Labour Code Advisor

CHAPTER II - REGISTRATION OF TRADE UNIONS

Section 11. Appeal.

(1) Any person aggrieved by any refusal of the Registrar to reg ister 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

3[(aa) where the head office is situated in an area, falling within the jurisdiction of a Labour Court or an Industrial Tribunal, to that Court or Tribunal, as the case may be;]

(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 4[appropriate Government] may appoint in this behalf for that area.

(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 appoin ted 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.]

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.f. 1-101963)and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.The Act has been amended in its application to Maharashtra by Maharashtra Act 3 of 1968 and to Madhya Pradesh by MadhyaPradesh Acts 28 of 1960 and 16 of 1968.
  • 2. The words “in the Provinces of India” omitted by Act 42 of 1960, s. 2.
  • 3. The word “Indian” omitted by Act 38 of 1964, s. 3 (w.e.f. 1-4-1965).
  • 4. Subs. by the A.O. 1950, for sub-section (2).
  • 5.The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Sch.(w.e.f. 1-9-1971).
  • 6. 1st June, 1927, sec Gazette of India, 1927, Pt. I, p. 467.
  • 7. Ins. by the A.O. 1937.
  • 8. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 9. Subs. by Act 42 of 1960, s. 3, for cl. (f).

Page 4

  • 1. Section 3 renumbered as sub-section (1) thereof by Act 42 of 1960, s. 4.
  • 2. Subs. by the A.O. 1937, for “Each L.G.”.
  • 3. Subs., ibid., for “the Province”.
  • 4. Ins. by Act 42 of 1960, s. 4.
  • 5. Section 4 renumbered as sub-section (1) thereof by s. 5, ibid.
  • 6. The Provisos ins. by Act 31 of 2001, s. 2 (w.e.f. 9-1-2002).
  • 7. Ins. by Act 42 of 1960, s. 5.

Page 5

  • 1. Ins. by Act 31 of 2001, s. 3 (w.e.f. 9-1-2002).
  • 2. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 3. Subs. by Act 31 of 2001, s. 4 (w.e.f. 9 -1-2002).

Page 6

  • 1.Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by Act 31 of 2001, s. 4, for “appointed” (w.e.f. 9-1-2002).
  • 3. Ins. by s. 4, ibid., (w.e.f. 9-1-2002).
  • 4. Ins. by s. 5, ibid., (w.e.f. 9-1-2002).
  • 5. Ins. by s. 6, ibid., (w.e.f. 9-1-2002).

Page 7

  • 1. Subs. by Act 15 of 1928, s. 2, for section 11.
  • 2. The words “or of Rangoon” omitted by the A.O. 1937.
  • 3. Ins. by Act 31 of 2001, s. 7 (w.e.f. 9-1-2002).
  • 4. Subs., ibid., for “L.G.”.
  • 5. Clauses (c) and (d) rep. by Act 25 of 1942, s. 2 and the First Schedule.
  • 6. Subs. by Act 42 of 1960, s. 7, for clause ( e).

Page 8

  • 1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
  • 2. Subs. by the A.O. 1937, for “G.G in C.”.

Page 9

  • 1. The words “the Government of India Act” have been successively amended by the A.O. 1937, the A.O. 1950 and Act 42 of1960 to read as above.
  • 2. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1 -9-1971).
  • 3. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).

Page 10

  • 1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
  • 2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965).
  • 3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965).
  • 4. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
  • 5. Subs. by Act 31 of 2001, s. 8, for section 22 (w.e.f. 9-1-2002).

Page 11

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).

Page 12

  • 1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).
  • 2. Subs. by s. 2, ibid., for “officers” (w.e.f. 1-4-1965).
  • 3. Ins. by Act 42 of 1960, s. 9.
  • 4. The words “Subject to the control of the G.G. in C. ” omitted by the A.O. 1937.
  • 5. Subs. ibid., for “L.G.”.
  • 6. Ins. by Act 31 of 2001, s. 9 (w.e.f. 9-1-2002).

Page 13

  • 1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).