1.
Introduction
The
registrar of Trade Unions is an authority which is appointed to perform various
functions with regard to the trade unions, under PIRA 2010. Provisions of
section 14 and 15 of PIRA 2010 prescribes the mode of appointment of registrar
and his powers and functions. Section 15 concerns and control registrar of
Trade unions alone and not the labour court.
2.
Relevant Provisions
Sec
4, 5 of Industrial Relation Act 2012
Sect
14, 15 of Punjab Industrial Relation Act 2010
3.
Definition and Appointment of Registrar
Registrar
means Registrar of Trade Unions appointed by the Provincial Govt. under section
14. The Provincial Govt. shall notify the fact of appointment in the official
Gazette.
4. Powers and Functions of Registrar
Following
are the powers and functions of Registrar under PIRA 2010.
a.
Registration of Trade Union
It
is the duty of the Registrar that when an application for registration is made
to satisfy himself that a trade union has complied with all the requirements of
this ordinance and if so then to register the Trade Union u/sec 9 and issue a
registration certificate in prescribed form.
b.
Maintenance of Register
Registrar
also has to maintain a register for the purpose registration and register the
Trade union in it.
c.
Lodging of complaints
The
Registrar has the power either to lodge himself or authorizes any person to
lodge complaints with the labour court for action including prosecution against
trade unions, employers, workers or other persons;
i.
for any alleged offence, or
ii.
any unfair labour practice or
iii.
violation of any provisions of PIRA 2010 or
iv.
for expending the funds of a trade union in contravention of the provisions of
its constitution.
d.
Determination of Collective Bargaining Agent
An
application can be made by an registered trade union in an establishment or a
group of establishment or industry, to the registrar to be certified as
collective bargaining agent.
e.
Poer to inspect and investigate
Registrar
has the power to inspect the accounts and records of the registered trade union
investigage or hold such inquiry as he deems fit and this he may do so either
personally or though any officer which is subordinate to him and authorized by
him in writing in the behalf.
f.
Other powers and Functions
Registrar
can also exercise such powers and functions as may be prescribed by rules.
5.
Status of Registrar
By
virtue of section 75 of PIRA 2010, a registrar shall be deemed to be public
servant within the meaning of section 21 of P.P.C.
6.
Conclusion
To
conclude, I can say, that the Registrar of Trade Unions enjoys overall and
general control on the Trade unions to the extent that they work in accordance
with Punjab Industrial Relation Act 2010 and its constitution. Otherwise Trade
Union are free to pursue their policies.
0 comments:
Post a Comment