Merely by registration, a trade union does not become an Authority under Article 12 of Constitution of India

Once a trade union is registered under Trade Unions Act, 1926, it becomes a body corporate under section 13 of the said Act by the name under which it is registered and thereafter it has a perpetual succession and common seal, and has the power to acquire and hold both movable and immovable properties and to contract and sue or sued in the said name. But by registration of a trade union under the Trade Unions Act, it does not become an Authority under Article12 of the Constitution of India and continues to remain just a private body hence all disputes relating to election of such a private body cannot be canvassed or challenged in a writ petition. The said Act does not make any provision for recognition of such a union.Article 12 of the Constitution of the India define the term ‘State’ as used in different Articles of Part III of the Constitution. It says that unless the context otherwise requires the term ‘State’ includes the following:

1. The Government and Parliament of India, i.e., Executive and Legislature of the Union.
2. The Government and the Legislature of each State, i.e. Executive and Legislature of States.
3. All local or other authorities within the territory of India.
4. All local and other authorities under the control of the Government of India.


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