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Trade union ~ Que

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  • 1. 1
  • 2. THE TRADE UNIONS ACT 1926• The Trade Unions Act 1926, is one of the old enactments in the field of Labour Laws but it is a conservative piece of legislation in as much as it as it deals only with the registration of the trade unions and legal status of registered trade unions.The constitution of India confers on all citizens a fundamental right to from associations or unions.• The right to form union is thus doubly recognized in India by the constitution of India and The Trade Unions Act 1926. 2
  • 3. • What is the objective of the Trade Unions Act? The limited objective of this Act provide for the registration of the trade unions and to confer on registered trade unions certain protection and privileges.• What is the meaning of “trade union” As ordinarily understood the trade union means a combination formed for the purpose of regulating the relations between workmen and employers. The definition of trade union given in The Trade Unions Act 1926, however includes a combination formed for the purpose of regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers. 3
  • 4. What is the procedure for the registration of a trade union?(a) At least seven members of the trade union have to make an application in the prescribed form and accompanied by the prescribed fee to the Registered for Trade unions for the registration of the trade union the application must be accompanied by a copy of the rules of the trade union and should give particulars about its name and addresses its members and officers.(b) The Registrar if he is satisfied that the trade union has complied with all the requirements of the Act will register the trade union and issue a certificate of registration to it(c) The certificate of registration will be conclusive evidence that the trade union has been duly registered under the Act. 4
  • 5. • When there is an exiting Trade Union registered under the name of all India Trade union congress (AITUC) can the registrar grant registration to a new Trade Union under the name of AITUC hawkers Union? Section 7(2) of the Trade Union Act 1926 reads as under if the name under which a trade union proposed to be registered is identical with that by which any other existing trade union has been registered or in the opinion of the registrar so nearly resemble such name as to be likely to deceive the public or the members of either trade union the registrar shall require the person applying for registration to alter the name of the trade union stated in the application and shall refuse to register the union until such alteration has been made considering section 7 of the Act It will not be possible for the registrar to register any other union under the name of AITUC hawkers union which is similar or deceptively similar to the name of All India Trade Union Congress (AITUC) 5
  • 6. • Can supervisory officers and managers from a trade union? Supervisory officers and managers in an industry can from a trade union and the same can be registered under the definition of workmen under the Act All persons employed in trade or industry are included it is not restricted as in any other labour legislation when the act its self provides for definition and for a wider meaning the court cannot narrow it by its decision. 6
  • 7. The government of Maharashtra by notification dated 13-12- 2001 has revised the fees payable under the Bombay Trade Union Regulation 1927 as under- SR DESCRIPTION FEES No. Rs.1 (a) Registration of a Trade union with a membership of 1000 600 or over (b) Registration of trade union with a membership of less than 10002 Duplicate certificate of registration 4003 Registration of alteration of rules 504 Inspection of register of trade union 25 Maintained by the Register 505 Inspection of a document in the possession of the register 7
  • 8. • Is registration of trade union compulsory? The Trade Union Act 1926 does not make registration of trade registration of a trade union compulsory. But it is advisable to get a trade union registered under the Act because the Act confers many rights on a registered trade union.• Is a trade union required to have a certain minimum membership? Section 9-A required that registered trade union shall at all time continue to have not less than ten per cent or one hundred of the workmen whichever is less subject to a minimum seven engaged or employed in an establishment or industry with which it is connected as its members. 8
  • 9. • Can a trade union registered under the trade union Act 1926 be registered again under the Societies Registration Act 1860 the Co-operative Societies Act 1912 or the companies Act 1956? A trade union which is already registered under the trade union Act 1926 cannot be registered again under the societies registration Act 1860 the Co-operative societies Act 1912 or the companies Act 1956 and the registration of any such trade union under any of the said Act will be void.• Can the registrar of trade union register a union of members of the Armed forces? The registration of such union initially granted by a mistake can be made invalid and therefore cancelled. 9
  • 10. • What is the legal status of registered trade union?(a) A registered trade union is a body corporate having a perpetual succession and common seal.(b) It has power to acquire and hold both movable and immovable property and to enter into contracts.( c) It can sue and be sued by its own name(d) Its office bearer or member cannot be prosecuted for criminal conspiracy for following its legitimate objects(e) No legal proceeding can be filed in any civil court against it in respect of any act in furtherance of a trade dispute even if such act (i) induces some other person to break a contracts of employment or (ii) is in interference with the trade business or employment of some other person or (iii) is in interference with right of some other person to dispose of his capital or his labour as he wills.(f) Any agreement between its members is not void or voidable even if its object are in restraint of trade 10
  • 11. • Can a trade union represent a workmen engaged or employed in an industry with which the trade union is not connected? If the constitution of a trade union does not allow it to represent a workmen engaged or employed in a particular industry it is not entitled to represent such a workmen.• Is the immunity from civil suit in respect of acts of a trade union its office bearer and members available under section 18 of the Act absolute? The immunity from civil suit will not be available in respect of acts which are unlawful tortuous or violent and which fall out umbrella of protection of section 18 of the Act. 11
  • 12. • In what circumstances the registration of a trade union can be cancelled? The registrar or trade union can withdraw or cancel certificate of registration of a trade union if-a) The trade union applies for its cancellationb) The registrar is satisfied that the certificate has been obtained by fraud or mistakec) The trade union has cased to existd) The trade union has willfully contravened any provision of the Act By an amendment to an Act , the registrar of trade union is empowered to withdraw or cancel thee registration of any 12 trade union workmen if it ceases to have the requisite number
  • 13. • What is the procedure the registrar has to follow before the certificate of registration of trade union is withdrawn or cancelled? The registrar has to give to the trade union not less than two months previous notice in specifying the ground on which it is proposed to withdraw or cancel the certificate.• What is the scope of the power of the registrar of trade union with regard to cancellation of the registration of trade union? The registrar can invoke the power of cancellation of registration of a trade union only if there is sufficient material before him to establish that the trade union concerned has committed willful contravention of any provision of the Act in other words unless the international violation of any provision of the Act is established the registrar cannot invoke the said power. 13
  • 14. • Does the registrar of trade unions possess the power to revoke or withdraw an order of registration of a trade union? There cannot be a withdrawal or revocation of the initial order of de-registration of trade union in the absence of any statutory provision authorizing the registrar to do so.• What are the functions of the registrar of trade unions? The registrar of trade union performs the following functions a) Registration of trade unions b) Withdrawal or cancellation of registration of trade unions c) Sanction of prosecution for the offence committed under the trade unions Act 1926 14
  • 15. • Can a minor be admitted as a member of a registered trade union? If a person has attained the age of 15 years he can be admitted as a member of a registered trade union provided that there is no prohibition in the rules of the trade union on admitting any minor as its members.• Does a person automatically ceases to be a member of the union on cessation of employment? There is no provision in the Act providing for automatic cassation of membership on cessation of employment• What are rights of a members of registered trade union? Every office bearer or member of a registered trade union has a right to inspect the books of accounts and also the list of members of the trade union at such times as may be provided for the rules of the trade union. 15
  • 16. • Can any person be chosen as an office bearer of a registered trade union? For being qualified to be chosen as an office bearer of a registered trade union a person (i) must have attained the age of 18 years; and (ii) must not have been convicted of any offence involving moral turpitude and sentenced to imprisonment, unless a period of 5 years has elapsed since his release.• Is there any restriction on the number of outsiders who can be the office bearers of a registered trade union? The act providers that the number of outsiders shall not be “ore than one-third of total number of office bearers or five, whichever is less.” 16
  • 17. • Can the recognition of a trade union be withdrawn without giving to the union opportunity of being heard in the matter? A refusal to grant recognition and withdrawal of recognition once granted cannot be placed on the same footing though the grant of recognition to a trade union may be voluntary recognition once granted to it could not be withdrawn without giving to it opportunity of being heard in the matter.• Does the registrar of trade unions, under sections 8 and 28 possess the power to hold any quasi- judicial enquiry? The registrar of trade unions under sections 8 and 28 can hold only an administrative enquiry he has no power under those sections to hold any quasi-judicial enquiry by allowing parties to examine witnesses and allowing such witnesses to be cross- examined. 17
  • 18. • Does the registrar of trade union under section 28 possess the power to decide any dispute between rival office bearers of a trade union? There is no provision in the Act empowering the registrar of trade union to exercise any superintendence or control over the internal affairs of a trade union• Is it permissible for a trade union constitute a political fund apart from its general fund? It is permissible for a registered trade union to constitute a separate fund for the promotion of the civil and political interest of its member contribution to the fund will be optional and no member will be compelled to contribute to the fund consequently a member who does not contribute to the fund shall not be deprived of any benefits of the trade union. 18
  • 19. • Can a trade union change its name? A registered trade union can change its name with the consent of not less than two thirds of the number of its member and after following the procedure prescribed under section 25 of the Act.• Is a civil suit for damages against striking workers maintainable? The trade union the office bearers and the member are insulated against a suit or other legal proceeding linked with the strike of the workers the trade union Act through Section 18, unfolds un umbrella of protection to them.• Does the registration of a trade union confer any right on the said union to be recognised by the employer? The registration of a trade union does not confer any right on the said union to be automatically recognized by the employer 19
  • 20. • Is it permissible for any two or more registered Trade Unions to amalgamate? It is permissible for any two or more registered Trade Unions to become amalgamated together as one Trade Union. This can be done after the votes of at least one half of the members of each or every such Trade Union are recorded at least sixty per cent of the votes recorded are in favour of the proposal the procedure concerned unions have also to follow the prescribed under section 25• What is the procedure for dissolution of a trade union? The dissolution of a registered trade union shall be effected in accordance with the rules of the trade union and notice of the dissolution shall be sent to the registrar of trade union if the rules do not provide for the distribution of funds the registrar shall divide for the funds among the members proportionate to the amounts contributed by them by way of subscription during their membership. 20
  • 21. • What are the offences under the Act and what is the punishment for them?(1) If any office bearer of registered trade union makes a default in giving any notice or sending any statement as required by the Act, he would be punished with fine upto Rs. 5.(2) If any person willfully makes a false entry in the annual Return of registered trade union, he would be punished with fine upto Rs. 500.(3) If any person, with intent to deceive, gives an incorrect copy of the rules of registered trade union to a member or person intending to become a member of the trade union, he would be punished with fine upto Rs. 200. 21
  • 22. • Is a Trade Union required to maintain any registers and submit any returns? Every registered Trade Union is required to maintain the following books and registersi. Register of membership and subscription.ii. Register of receipts and disbursements.iii. Minute book of meetings,iv. Register of stock, tools and plant,v. Machine numbers & subscription receipt book,vi. Register of receipts and disbursement for the political fund,vii. A file of vouchers. Every registered Trade Union is required to submit to the registrar of Trade Unions annual returns of receipts and expenditure as well as assets and liabilities in the prescribed form, by the 30th day of April in each year. 22
  • 23. 23