2. Name of Institution
Change of Name of Trade Union
1. Consent 2/3 of the total number of its
members
2. Notice of change of name- Secretary+
seven members
3. Identical name
4. Change of name effective from the date
5. Effect of change
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3. Name of Institution
Amalgamation of Trade Union
1. Method of amalgamation
2. Notice of amalgamation of name-
Secretary+ seven members of each
and every trade union
3. Registration of the amalgamated trade
union and w.i.f.
4. Effect of change
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4. Name of Institution
Booth v. Amalgamated Marine Worker's Union,
(1969) A.C. 904.
An amalgamation shall have effect only
after it has been registered. But
registration of amalgamation by itself is
not the conclusive proof of the validity
of the amalgamation. The
amalgamation may be declared invalid
on the ground that the votes of fifty per
cent of the members had not been
recorded.
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5. Name of Institution
Dissolution
1. Meaning of dissolution
2. Procedure of dissolution
Seven members + secretary of trade union
Time Limit ( within 14 days)
Dissolution effective after the registration
of notice
3. Distribution of funds among the members
of dissolved trade union
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7. Name of Institution
Offence Provided Under T.U.A 1926
• Failure to give notice which is required to
be given by a registered Trade Union;
• Failure to send statements which is
required to be sent by a registered Trade
Union;
• Failure to send any document which is
required to be sent by a registered Trade
Union.
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8. Name of Institution
Notice and statement
• The following information or statements are
required to be submitted by a registered
Trade Union:
(1) Notice of change in the address of head
office of the Trade Union.
(2) Notice of change of name or
amalgamation under section 25 of the Act.
(3) Notice of dissolution of the Trade Union.
(4) Returns as per section 28 of the Act. 8
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9. Name of Institution
Penalty regarding notice/ statement/document
• Fine five rupees (office bearers/ executive
members/ every members)
• Continuing default= Rs 5/ week
• Maximum Rs 50
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10. Name of Institution
False entry in general statement
• Duty under section 28
• Fine up to Rs 500 [Sec. 31(2)]
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11. Name of Institution
• Supplying false information regarding Trade
Unions
• any member/ intending to be member
• Rule of trade union/ alteration of rules
• Give rules of unregistered trade union
• Fine = up to Rs. 200
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12. Name of Institution
• Cognizance of offence
• Magistrate of First Class
• Complaint by Registrar/ with the previous
sanction of registrar
• Complaint under section 32 will be, by the
person to whom the false copy was given
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14. Name of Institution
The Perspective
In the era of laissez faire,
employers enjoyed unfettered
right to hire and fire. They had
vastly superior bargaining power
and were in a position to
dominate over workmen in every
conceivable way.
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15. Name of Institution
The Perspective
The system of collective bargaining as a
method of settlement of industrial disputes has
been adopted in industrially advanced
countries like the United States of America and
United Kingdom and has also recently been
adopted in some Asian and African countries.
India, which has adopted compulsory
adjudication system, has also accepted in
principle the system of collective bargaining
but has hardly taken any steps, legislative or
otherwise, to apply it in practice. 15
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16. Name of Institution
Meaning of Collective Bargaining
• In 1960, in the manual published by the
International Labour Office, 'collective
bargaining' has been defined as: negotiations
about working conditions and terms of
employment between an employer, a group of
employers or one or more employers'
organization on the one hand, and one or
more representative workers organizations on
the other, with a view to reaching agreement.
(International Labour Office, Collective Bargaining (A Worker's Education
Manual), Geneva (1960),) 16
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17. Name of Institution
Definition of Collective Bargaining
• Kamal Leather Karmachari Sangathan v.
Liberty Footwear Co 1990 (SC)
• A technique by which disputes as to
conditions of employment are resolved
amicably, by agreement, rather than by
coercion. The dispute is settled
peacefully and voluntarily, although
reluctantly, between labour and
management.
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18. Name of Institution
Parties to Collective Bargaining
• Collective bargaining involves two
parties, namely, management
represented either alone or through
employers' association or federation of
employers on the one hand and workers
represented either through a union or
workers' federation, on the other hand.
18
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19. Name of Institution
Subject Matter of Collective
Bargaining
• The International Labour Organization has
divided the subject matter of collective
bargaining into two categories:
• (i) Directly applicable to relations between an
individual employer and worker;
• (ii) Not bearing on individual relations between
employers and workers.
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20. Name of Institution
Not bearing on individual relations
between employers and workers.
(i)provisions for enforcement of collective
bargaining;
(ii) methods of settling individual dispute;
(iii)collective disputes including grievance
procedure and reference to conciliation and
arbitration;
(iv) recognition of a union as bargaining agent
for the workers;
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21. Name of Institution
Not bearing on individual………….
(v) giving of preference in recruitment to union
members seeking employment;
(vi) duration of the agreement;
(vii)undertaking not to resort to strike during
the period; and
(viii)procedures for negotiation of new
agreements."
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22. Name of Institution
Objectives of Collective Bargaining
• The ILO states that:
• In collective bargaining, the object is to
reach agreement on wages and other
conditions of employment about which
the parties begin with different
viewpoints but try to reach a
compromise. When a bargain is
reached, the terms of the agreement are
put into effect.
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24. Name of Institution
PREREQUISITES FOR COLLECTIVE
BARGAINING
• A. Freedom of Association
• B.Strong and Stable Trade Unions
• C. Recognition of Trade Unions
• D. Willingness to Give and Take
• E. Absence of Unfair Labour
Practices or Victimizations
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26. Name of Institution
Advantages of Collective Bargaining
• Collective bargaining has been preferred over
compulsory adjudication system for several
reasons;
• (i) bipartite agreements
• (ii) quick and efficient method of settlement
• (iii) democratic method of settlement of
industrial disputes.
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27. Name of Institution
Disadvantages of Collective Bargaining
• Strike
• lack of representation of the public interest at
the bargaining table
27
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29. Name of Institution
THE NEED FOR RECOGNITION OF TRADE
UNIONS
Recognition of trade unions is the
backbone of collective bargaining.
Voluntary codes of discipline and
legislation in some states.
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30. Name of Institution
RECOGNITION OF TRADE UNIONS IN
RETROSPECT
Appointment of the Royal Commission in
1929
The Indian Trade Unions (Amendment)
Bill, 1943
International Labour Organization
Convention 1949(Freedom of
Association and Protection of the Right
to Organize) 30
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31. Name of Institution
RECOGNITION OF TRADE UNIONS IN
RETROSPECT
Plans and Recognition of Trade Unions
-1950
First National Commission on Labour
1966
Industrial Relations Bill, 1978
31
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32. Name of Institution
LAW AND PRACTICE RELATING TO
RECOGNITION OF TRADE UNIONS
Constitution and Recognition of Trade
Unions
Is the right to grant recognition to trade
unions a fundamental right within the
meaning of Article 19 (1) (c) of the
Constitution?
A C Mukerjee v. Union of India, (1972)'2
LLJ 1978 (Calcutta) 32
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33. Name of Institution
Legislative Measures .
1. Trade Unions Act, 1926
2. Trade Unions (Amendment) Act, 1947
The Trade Unions (Amendment) Act,
1947, however, provided for recognition
of unions: (i) by agreements; and (ii) by
order of the court on satisfying the
conditions laid down in relevant sections
of the act. But the Act,has not been
enforced. 33
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34. Name of Institution
Trade Unions (Amendment) Act,
1947
Machinery for Determination of
Representative Unions
Conditions for Recognition
34
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35. Name of Institution
Conditions for Recognition
(a) ordinary members are workmen
employed in the same industry
(b)representative of all the workmen
employed by the employer in that
industry
(c) rules do not provide for the exclusion
from membership of any class of
workmen 35
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36. Name of Institution
Conditions for Recognition
(d) rules provide for the procedure for
declaring a strike;
(e) rules provide that a meeting of its
executive shall be held at least once in
every 6 months;
(j) Registered & has complied with all
provisions of the Act.
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37. Name of Institution
Rights of Recognized Trade Unions
• right to negotiate (employment, non-
employment, the terms of employment
or the conditions of labour of all or any of
its members)
• the employer is under an obligation to
receive and send replies to letters sent
by the executive and grant interviews to
them regarding such matters.
37
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38. Name of Institution
Withdrawal of Recognition of Trade
Unions
Labour Court/ Registrar
Grounds: -(a) executive or the members of the
trade union have committed any unfair
practice within 3 months prior to the date of
the application;
(b) the trade union has failed to submit any
return;
(c) that the trade union has ceased to be
representative of the workmen
•
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39. Name of Institution
Re-recognition of Trade Unions:
• Section 28H of the Trade Unions
(Amendment) Act, 1947, permits the
registered trade union whose recognition
is withdrawn under sub-section (3) of
Section 28G to make an application for
re-recognition after 6 months from the
date of withdrawal of recognition.
39
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40. Name of Institution
State Legislation
• Maharashtra: The Maharashtra
Recognition of Trade Unions and
Prevention of Unfair Labour Practice Act,
1972, [(i) the trade union must have a
total membership of 30 per cent in the
said undertaking; (ii) it must be in
existence for the last 6 months; and (iii)
it must make an application in the
prescribed form to the industrial court]
40
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41. Name of Institution
State Legislation
• C P and Berar (The C P and Berar Act,
1947 )
• Madhya Pradesh (The Madhya Pradesh
Industrial Relations Act, 1960)
41
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42. Name of Institution
Secret Ballot Method for
Determining the Representation
Character of Trade Union
• Food Corporation of India Staff Union v.
Foods Corporation of lndia 1995(1) SCC
678 (SC).
42
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43. Name of Institution
M R P Workers Union v. Govt of Tamil
Nadu (2009) 4 LLJ 685.
Determined by state government and labour commissioner.
On receipt of such an application, the concerned labour
commissioner will issue notice to the two unions, within 2
weeks from the date of receipt of the application, calling
upon them to submit their membership registers and the
necessary supportive documents under the Code of
Discipline within 2 weeks from the date of receipt of the
notice by them. The notice will call upon them to produce
their records as per the Code of Discipline during the period
of 6 months prior to the date of notice. The labour
commissioner shall thereafter proceed to decide as to
which union is the representative union of the workmen.
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44. Name of Institution
Rights of Unrecognized Unions
Chairman, State Bank of India v. All Orissa State Bank
Officers Association 2000
To meet and discuss with the employer or any person
appointed by him in that behalf the grievances of any
individual member relating to his service conditions.
To appear on behalf of its members employed in the
establishment in any domestic or departmental enquiry
held by the employer and before the conciliation
officer/ labour court/ industrial tribunal.
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