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B.A. LL.B. (Five Years) Sem 5 Labour Law I 2026 Jan Question Paper with Solutions - KSLU

KSLU Solved Question Papers

Labour Law I

Previous Year Question Paper with Solution

B.A. LL.B. (Five Years) · Sem 5

2026 Jan Examination

munotes.in

Mumbai

First published on munotes.in on 21 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

Passages from this volume may be quoted, in print, online or by an AI system, with credit: name munotes.in and link to this volume's page. The volume may not be reproduced as a whole. Full terms at munotes.in/content-license.

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The question paper reproduced here is the paper as set by Karnataka State Law University at the 2026 Jan examination.

The Paper as Set

The questions in this volume are the questions asked at the 2026 Jan examination, reproduced as Karnataka State Law University set them, in the order it set them. Long reading passages are shortened to their first and last lines and our summary; the original paper prints them in full. Only the answers are ours. See the original question paper.

Duration 3 hours · Total marks 80 · 20 questions answered

Instructions printed on the paper

N.B. (1) Answer all five Units. (2) One essay type question and short note/problem is compulsory from each Unit. (3) Figures to the right indicate marks. (4) Answers should be written either in English or Kannada completely.

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

Read the original question paper

Q1

Unit I

(a)Discuss the provisions of Trade Union Act, 1926 relating to registration and cancellation of Trade Union.[10]

Answer

For full marks, cover: the meaning of a trade union (section 2(h)) and why registration matters; who may apply (section 4, with the 2001 provisos on seven members and ten per cent or one hundred workmen); the application and the rules (sections 5 and 6); the Registrar's checks, registration and the certificate (sections 7 to 9); the continuing membership rule (section 9A); the grounds and procedure for cancellation (section 10); the appeal (section 11); Rangaswami and the Tamil Nad Non-Gazetted Officers' Union case; the position under the Industrial Relations Code 2020; a conclusion.

Meaning of a trade union and why registration matters

Section 2(h) of the Trade Unions Act 1926 defines a trade union. It is any combination, temporary or permanent, formed mainly to regulate relations between workmen and employers, between workmen and workmen, or between employers and employers. It also includes a federation of two or more trade unions.

Registration is not compulsory. An unregistered union may exist and work. But only a registered union gets the rights and protections the Act gives. Under section 13 a registered union becomes a body corporate. It has perpetual succession and a common seal, may hold property and may sue and be sued in its own name. Under sections 17 and 18 its members also get protection from criminal conspiracy and from certain civil suits.

The State Government appoints a Registrar of Trade Unions under section 3. The Registrar receives applications, registers unions and cancels registration.

Who may apply: section 4

Under section 4(1), any seven or more members of a trade union may apply. They must subscribe their names to the rules of the union and comply with the Act.

The Trade Unions (Amendment) Act 2001 added two provisos, in force from 9 January 2002. On the date of the application, a union of workmen must have a minimum membership. It is ten per cent or one hundred of the workmen, whichever is less. The count is of workmen in the establishment or industry with which it is connected. It must also have at least seven members who are workmen in that establishment or industry.

Section 4(2) protects a pending application. It does not become invalid merely because some applicants, not more than half of them, later leave the union or dissociate themselves from the application.

The application and the rules: sections 5 and 6

Under section 5 the application goes to the Registrar. It must carry a copy of the union's rules and a statement of the following particulars.

The names, occupations and addresses of the members applying, and the address of their place of work.
The name of the union and the address of its head office.
The titles, names, ages, addresses and occupations of the office-bearers.

A union that has existed for more than one year must also file a general statement of its assets and liabilities.

Section 6 says a union is entitled to registration only if its executive is properly constituted and its rules provide for certain matters. These include its name and objects and the purposes for which the general funds may be spent. They include a list of members open to inspection. They also provide for admitting ordinary members actually employed in the industry. The rules must also provide for a minimum subscription and an annual audit. Office-bearers must be elected, for a term of not more than three years. The rules must say how the union may be dissolved.

The Registrar's checks, registration and the certificate: sections 7, 8, 9 and 9A

Under section 7 the Registrar may call for further information. A proposed name may be identical with another registered union's name, or so like it as to deceive the public. The Registrar must then require the name to be changed.

Under section 8, once the Registrar is satisfied that the union has complied with all the requirements, he registers it in the register. Under section 9 he issues a certificate of registration. The certificate is "conclusive evidence" that the union has been duly registered.

Section 9A, inserted in 2001, adds a continuing condition. A registered union of workmen must at all times keep the same minimum membership. That is ten per cent or one hundred of the workmen, whichever is less, and never fewer than seven.

Cases on the right to registration

Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad 231. Employees of the Madras Raj Bhavan, the Governor's household, formed a union and applied for registration. The Registrar refused. The Madras High Court upheld the refusal. A trade union presupposes employers and employees engaged in a trade or business. The Raj Bhavan carries on no trade or industry, so its staff could not form a registrable union.

Tamil Nad Non-Gazetted Government Officers' Union v. Registrar of Trade Unions, AIR 1962 Mad 234. An association of non-gazetted officers of the State Government applied for registration. A Division Bench dismissed the appeal against the refusal. The work of the core civil services is part of the regal functions of government. So it is not an industry, and such civil servants are not workmen.

Together the two cases show that the Registrar's duty under section 8 is not mechanical. He must see that the body really is a trade union within section 2(h).

Cancellation of registration: section 10

The Registrar may withdraw or cancel a certificate of registration in the following cases.

On the union's own application, verified in the prescribed manner (section 10(a)).
If the certificate was obtained by fraud or mistake (section 10(b)).
If the union has ceased to exist (section 10(b)).
If the union has wilfully defied the Act after notice from the Registrar (section 10(b)). This covers contravening the Act, keeping an inconsistent rule in force, or rescinding a rule the Act requires.
If a union of workmen no longer has the required number of members under section 9A (section 10(c), added in 2001).

Except where the union itself applies, the Registrar must give at least two months' previous notice in writing. The notice must state the ground on which he proposes to cancel. This is a rule of natural justice built into the section.

Appeal: section 11

A person aggrieved by a refusal to register, or by a withdrawal or cancellation, may appeal within the prescribed time. In a Presidency town the appeal lies to the High Court. Where the head office is within the area of a Labour Court or Industrial Tribunal, it lies there (added in 2001). Elsewhere it lies to a court notified by the appropriate Government. The appellate court may dismiss the appeal or direct the Registrar to register the union or to restore the certificate.

Stage	Section of the 1926 Act	Key requirement
Application	4, 5	seven members; 10 per cent or 100 workmen
Rules	6	listed matters, elections, minimum subscription
Registration	8, 9	Registrar satisfied; certificate conclusive
Continuing condition	9A	membership never below the minimum

Stage	Section of the 1926 Act	Key requirement
Cancellation	10	application, fraud, mistake, contravention, low membership
Appeal	11	High Court, Labour Court or Tribunal, or notified court

Where the law stands now

The Trade Unions Act 1926 was repealed on 21 November 2025 by section 104 of the Industrial Relations Code 2020. Registration is now under sections 5 to 9 of the Code, and section 6 keeps the ten per cent or one hundred rule. Cancellation now needs sixty days' notice, and a Tribunal may also order it (section 9(5) and (6)). Appeals go to the Tribunal under section 10, and unions registered under the 1926 Act are deemed registered under the Code (section 9(4)).

Conclusion. Registration under the 1926 Act was voluntary but valuable, because only a registered union became a body corporate with the protections of the Act. The Registrar had to register a body that met sections 4 to 6, but only if it was truly a trade union, as Rangaswami shows. After 2001 the union also had to keep a minimum membership. Cancellation was possible on the union's own request, for fraud or mistake, for wilful defiance of the Act or for falling membership. Except on the union's request it needed two months' notice, and an appeal lay under section 11.

B.A. LL.B. (Five Years) Sem 5 Labour Law I 2026 Jan Question Paper with Solutions

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