How do I register a trade union in Siliguri and what is the minimum membership required?

Detailed Legal Analysis

Registration of a trade union is governed by the Trade Unions Act, 1926, and the West Bengal Premises Tenancy Act 1997 rules applicable in your state. A trade union can be registered if it has at least seven members who are workmen engaged in the same establishment or industry in Siliguri.

The application for registration must be submitted to the Registrar of Trade Unions along with the union's rules, name, and address of the head office. The Calcutta High Court has held that the Registrar cannot refuse registration on arbitrary grounds, and the decision is subject to judicial review.

At least 10 percent or 100 of the workmen, whichever is less, must be members of the union at the time of registration to maintain its legitimacy. A registered trade union enjoys immunity from civil suits for lawful trade union activities.