Procedure For Cancellation Of Registration Of Trade Union Under Industrial Relations Ordinance, 2002

Following points are important for explanation of procedure for cancellation of registration of trade union:

(i) Cancellation of registration by Labor court

(ii) Cancellation of registration by Registrar

 

(i) Cancellation Of Registration By Labor Court

Here following points are important:

(a) Written complaint

(b) Circumstances

 

(a) Written Complaint

Labor court can direct cancellation of registration of trade union when Registrar has made written complaint to it.

(b) Circumstances

Labor court can cancel registration of trade union in following circumstances:

(b-i) Contravention of any of provisions of law

(b-ii) Contravention of any of provisions of constitution of trade union

(b-iii) Any inconsistent provision in constitution of trade union

(b-iv) Election of disqualified person as office bearer

 

(b-i) Contravention Of Any Of Provisions Of Law

Labor court can cancel registration of trade union when registrar has complained that trade union has contravened or has been registered in contravention of any of provisions of Industrial Relations Act or its rules or Punjab Industrial Relations Act or its rules.

(b-ii) Of Any Of Provisions Of Constitution Of Trade Union

Labor court can cancel registration of trade union when registrar has complained that trade union has contravened any of provisions of its constitution.

(b-iii) Any Inconsistent Provision In Constitution Of Trade Union

Labor court can cancel registration of trade union when registrar has complained that trade union has made in its constitution any provision which is inconsistent with Industrial Relations Act or its rules or Punjab Industrial Relation Act or its rules.

(b-iv) Election Of Disqualified Person As Office Bearer

Labor court can cancel registration of trade union when registrar has complained that any person, who is disqualified from being elected as office bearer of a trade union or who is disqualified from being an office bearer of a trade union, is elected as an office bearer of a registered trade union.

 

(ii) Cancellation Of Registration By Registrar Here following points are important:

(a) Written reasons

(b) Inquiry

(c) Circumstances

 

(a) Written Reasons

Registrar can himself/herself cancel registration of trade union by giving written reasons.

(b) Inquiry

Registrar can himself/herself cancel registration of trade union after holding inquiry.

(c) Circumstances

Registrar can himself/herself cancel registration of trade union in following circumstances:

(c-i) Dissolution

(c-ii) Cessation

(c-iii) Referendum

(c-iv) Application

(e-v) Less than 15% of polled votes

 

(c-i) Dissolution

Registrar can himself/herself cancel registration of trade union when trade union has dissolved itself.

(c-ii) Cessation

Registrar can himself/herself cancel registration of trade union if trade union has ceased to exist.

(c-iii) Referendum

Registrar can himself/herself cancel registration of trade union when trade union has not been a contestant in a referendum for determination of a collective bargaining agent.

(c-iv) Application

Registrar can himself/herself cancel registration of trade union if trade union has not applied for determination of collective bargaining agent within two months of its registration as another union or within two months of commencement of Punjab Industrial Relations Act, whichever is earlier, provided there does not already exist a collective bargaining.

(v) Less Than 15% Of Polled Votes

Registrar can himself/herself cancel. registration of trade union when trade union has secured less than 15% of polled votes according to final list of voters during a referendum for determination of collective bargaining agent.

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