Trade Union Act Ravi Nd Rituraj

8/2/2019 Trade Union Act Ravi Nd Rituraj

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By:RAVI KANT (18)RITURAJ (19)Branch: B.F.tech IIIBatch: 2010-14

Trade Union Act 1926


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What is Trade Union?

Atrade union or labor union is an organization of workers thathave joined together to achieve common goals such asbetter working conditions.The trade union, through its leadership, bargains with theemployer on behalf of union members (rank and file members)

and negotiates labour contracts (collective bargaining) withemployers.This may include the negotiation ofwages, work rules, complaintprocedures, rules governing hiring, firing and promotion of

workers, benefits, workplace safety and policies.

The agreements negotiated by the union leaders are binding onthe rank and file members and the employer and in some cases onother non-member workers.


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Origin : Europe

Trade unions became popular in many countries during the Industrial Revolution.

Causes of Origin:

lack of skills in workers for suitable jobs.

employment bargaining power in the employers side.

workers are mistreated.

low wages to workers.

Purpose:

Maintaining or improving the conditions of theiremployment

Trade union organizations may be composed ofindividual workers, professionals, past workers, or the unemployed.


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Activities of Trade Unions:-Provision of benefits to members:Early trade unions, like Friendly Societies, often provided a range of benefits

to insure members against unemployment, ill health, old age and funeralexpenses. The provision of professional training, legal advice andrepresentation for members is still an important benefit of trade unionmembership.Collective bargaining:

Where trade unions are able to operate openly and are recognized byemployers, they may negotiate with employers over wages and workingconditions.Industrial action:Trade unions may enforce strikes or resistance to lockouts in furtherance of

particular goals.

Political activity:Trade unions may promote legislation favourable to the interests of theirmembers or workers as a whole.Example:- Labour Party in Britain


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FEATURES

After analyzing, following features of trade union is drawn:-

1. It is an organization formed by employees or workers.

2. It is formed on a continuous basis. It is a permanent body and not atemporary one.

3. It is formed to protect and promote all kinds of interests(economic,political and social) of all its members.

4. It includes federations of trade union also.

5. It achieve its objectives through collective action and group effort.


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History of the TRADE UNION LAWin INDIA :-

Trade union and their activities were not considered lawful in the beginninganywhere in the world. This was so in India also.Until1926, there was no law in India for registration and protection of trade union.In1920, when a suit was filed against the officials of the Madras Textile LabourUnion by Binny & Co., the high court of Madras, following the common law inEngland, granted an injunctions restraining the union officials from influencing

the workmen to break their contracts with employers by striking. Obviously theleaders of the trade union found themselves liable to prosecution andimprisonment even for bonafide trade union activities. It was then they felt thatsome legislative protection of trade union was necessary.Mr. N.M. JOSHI, then General SecretaryofAll India Trade Union Congress,successfully moved a resolution in the central legislative assembly seeking

introduction of some law by the govt. for protection of trade unions.The employers were so much opposed to any such legislative measures beingadopted that the passing in 1926.But this act was enforced only from 1st June, 1927.


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Laws Relating to Trade Union:-The law relating to the registrationof Trade Union and certain other matters iscontained in the Trade Union Act,1926.

The Act was passed to regulate:(a) Condition governing the registration oftrade union;(b) Obligation imposed upon anregistration; and(c) Rights and liabilities forces on 1stJune

[sec. 1(3)]


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Application Of Registration:

7 or more members of a trade union may, by subscribing theirname to the rules of the trade union and by otherwise

completing with the provision of the Act with respect toregistration, apply for its Registration[sec. 4(1)][The principal section re-numbered as sub-section inserted byAct 48 of 1960] Where an application has been made under sub-section(1) of the registration of a Trade Union, such applicationshall not be deemed to have become invalid merely by reasonof the fact that, at any time after the date of the application, butbefore the registration of the Trade Union some of theapplications, but not exceeding half of the total number of thepersons who made the application, have ceased to be membersof the Trade Union or have notice in writing to the Registrar

dissociating themselves from the application].


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ProvisionsA Trade Union shall not bee entitled to registration under this

Act, unless the executive there of is constituted in accordancewith the provisions of this Act, and the rules thereof providedfor following matters, namely:-

(a) The name of the Trade Union;

(b)The whole of the object for which the Trade Union hasbeen established

(c) The whole of the purposes for which the general funds ofthe Trade Union shall be applicable, to which such fundsare lawfully applicable under this Act;

(d) The maintenance of a list of the members of the TradeUnion and adequate facilities for their inspection thereofby the [Subs. by Trade Unions (Amendment) Act No.33 of1954] and members of the Trade Union.


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Cancellation of Registration :

Certificate of registration of a Trade Union may be withdrawn or cancelled bythe Registrar

(a) On the application of the Trade Union to be verified in such manner asmay be prescribed, or

(b) If the Registrar is satisfied that the certificate has been obtained by fraudor mistake, or that the Trade Union has ceased to exist or has willfully andafter notice from the Registrar contravened any provision of this Act orallowed any rule to continue in force which is inconsistent with any suchprovision, or has rescinded any rule providing for any matter, provision for

which is required by Section 6 Provided that not less than two monthsprevious notice in writing specifying the ground on which it is proposedto withdraw or cancel the certificate shall be given by the Registrar to theTrade Union before the certificate is withdrawn or cancelled otherwisethan on the application of the Trade Union.


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Appeal :-

(1)Any person aggrieved by any refusal of the Registrar to register a TradeUnion or by the withdrawal or cancellation of a certificate of registrationmay, within such period as may be prescribed, appeal:

(a) Where the head office of the Trade Union is situated within the limits ofPresidency-town to the High Court, or

(b) Where the head office is situated in any outer area, to suchCourt, not inferior to the Court of an additional or assistant Judge of aprincipal Civil Court of original jurisdiction, as the [appropriateGovernment] may appoint in this behalf for that area.

(2) The Appellate Court may dismiss the appeal, or pass an order directingthe Registrar to register the Union and to issue a certificate of registrationunder the provisions of Section 9 or setting aside the order for withdrawal orcancellation of the certificate, as the case may be, and the registrar shallcomply with such order.


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Trade Union Act Ravi Nd Rituraj

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