Trade Union Act, 1975
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Complaints to Registrar regarding resolutions. |
10.—(1) A member of a trade union which passes or purports to pass a resolution approving an instrument of amalgamation or transfer may complain to the Registrar on one or more than one of the following grounds— | |
(a) that the manner in which the vote on the resolution was taken did not satisfy the conditions specified in section 3 (1), | ||
(b) that the votes recorded in relation to the resolution did not have the effect of passing it. | ||
(2) A complaint under this section lodged with the Registrar after the expiry of the period of six weeks beginning on the date on which an application for registration under section 6 is lodged with him shall not be entertained. | ||
(3) Where a complaint under this section is made, the Registrar shall not register the relevant instrument under this Act until the complaint is finally determined under this Act. | ||
(4) Where a complaint is made under this section, the Registrar may, after giving the complainant and the trade union concerned an opportunity of being heard, either dismiss the complaint or find it to be justified. | ||
(5) Where the Registrar finds a complaint under this section to be justified, he shall make an order specifying what steps he requires to be taken before he will consider an application for registration under section 6, of the instrument concerned. | ||
(6) The Registrar shall furnish to the complainant and the trade union concerned a statement of the reasons for a decision by him on a complaint under this section. | ||
(7) The Registrar may from time to time by order vary an order under subsection (5), and after making an order under that subsection in relation to an instrument of amalgamation or transfer shall not entertain any application to register the instrument unless he is satisfied that the steps specified in the order (or, where it has been varied, in the order as varied) have been taken. | ||
(8) The Schedule to this Act shall apply in relation to complaints under this section. | ||
(9) Subject to subsection (10), the validity of a resolution approving an instrument of amalgamation or transfer shall not be questioned in any legal proceedings (except proceedings before the Registrar under this section or proceedings arising out of such proceedings) on any ground on which a complaint could be, or could have been, made to the Registrar under this section. | ||
(10) In the course of proceedings on a complaint under this section the Registrar may, at the request of the complainant or of the trade union, state a case for the opinion of the High Court on a question of law arising in the proceedings, and the decision of the High Court on a case stated under this subsection shall be final. | ||
(11) For the purposes of this section a complaint which is withdrawn shall be deemed to be finally determined at the time when it is withdrawn. | ||
(12) An appeal shall lie to the High Court on a point of law against a decision of the Registrar under this section. |