An organized association of workers in a trade, group of trades, or profession, formed to protect and further their rights and interests. The law relating to the registration and protection of the trade unions is contained in the trade unions act, 1926 which came into force with effect from 1st June 1927.
2. The Trade Union
Act, 1926
An organized association of workers in a trade, group of
trades, or profession, formed to protect and further their
rights and interests. The law relating to the registration and
protection of the trade unions is contained in the trade
unions act, 1926 which came into force with effect from
1st June 1927.
3. Registration Of Trade Unions
The procedure involved in registration of Trade Unions are as follows :-
4. Appointment of
Registrar (Sec 3)
• Section 3 of the Trade Union Act,
1926 empowers the appropriate
Government to appoint a person to be
registrar of Trade Unions. The
appropriate Government be it State or
Central, as the case may be is also
empowered to appoint additional and
Deputy Registrars as it thinks fit for the
purpose of exercising and discharging
the powers and duties of the Registrar.
However, such person will work under
the superintendence and direction of the
Registrar. He may exercise such powers
and functions of Registrar with local
limit as may be specified for this
purpose.
5. Mode of Registration
• Any seven or more members of a
Trade Union may, by subscribing their
names to the rules of the Trade Union
apply for registration of the Trade
Union under this Act:
• Provided that no Trade Union of
workmen shall be registered unless at
least ten per cent or one hundred of
the workmen, whichever is less,
engaged or employed in the
establishment or industry with which it
is connected are the members of such
Trade Union on the date of making of
application for registration.
6. Application for Registration
(Section 5)
• Application for registration of TU shall be made to Registrar in comply
with Rules and statement of following particulars:
Names,
Occupations
& Address
of the
members
Name of the
Trade Union
& Address
of its head
office
Titles,
Names,
Ages,
Addresses &
Occupations
of office
Bearers of
TU
Where is
Existence of
TU from
past 1 Year
before
making this
application
7. Provisions to be
Contained in The
Rules of Trade
Unions (Section 6)
• Every registered Trade Union is required
to have written rules dealing with certain
matters. (These matters are specified in
Schedule 2 of the Central Trade Union
Regulation 1938).
• A Trade Union Shall Not Be Entitled To
Registration Unless :-
a) The executive of the trade union is
constituted in accordance with the
provisions of this Act; And
8. Provisions to be
Contained in The
Rules of Trade
Unions (Section 6)
b) It must contain the rules for the
following matters:
1. Name of the trade union.
2. The whole object of the trade union.
3. The whole purposes for which the
general funds can be used.
4. The maintenance of the list of
members and adequate facilities to
inspect it by the members of the trade
union.
5. The membership of ordinary
members who are actually engaged or
employed in an industry with which it
is connected as well as the
membership of the honorary or
temporary members.
9. Provisions to be
Contained in The
Rules of Trade
Unions (Section 6)
6. The appointment of members of the
executive body.
7. The membership or subscription fee,
which shall not be less that 25 paisa
per member per month
8. The conditions under which a
member can get the benefits or has to
pay fines.
9. The safe custody of funds
and provisions for inspecting or
auditing the statements, or other
documents of the trade union.
10. Dissolution of the trade union.
10. Power To Call For
Further Particulars
(Section 7)
• The Registrar may call for further
information for the purpose of satisfying
himself that any application complies with
the provisions of section 5, or that the
trade union is entitled to registration under
section 6, and may refuse to register the
trade union until such information is
supplied.
• If the name under which a trade union is
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
resembles such name as to be likely to
deceive the public or the members of
either trade union, the Registrar shall
require the persons 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.
11. Registration (Sec 8)
• The Registrar will register the trade union,
if he is satisfied that the trade union has
complies with all the requirements of this
Act in regard to registration. The Registrar
shall register the trade union by making
necessary entries in the register, to be
maintained in such for as may be
prescribed. Regulation 4 of the Central
Trade Union Regulation 1938 provides
that the register of trade unions referred to
in section 8 of the Act must be in Form
B. The particulars relating to the trade
union contained in the statement
accompanying the application for
registration shall be entered in the register.
• It is obligatory on the part of the Registrar
to register a trade union provided all the
requirements of the Act are complied with.
12. Certificate of Registration (Sec 9)
• The Registrar, on registering a Trade Union under section 8, shall issue a
certificate of registration in the prescribed form which shall be conclusive
evidence that the Trade Union has been duly registered under this Act.
13. Legal Status of a
Registered Trade
Union
1. A registered trade union is a body
corporate with perpetual succession and
a common seal.
2. It can acquire, hold, sell or transfer any
movable or immovable property and can
be a party to contracts.
3. A registered trade union can sue and be
sued, in its own name.
4. No civil suit or other legal proceedings
can be initiated against a registered trade
union in respect of any act done in
furtherance of a trade dispute under
certain conditions.
5. No agreement between the members of
a registered trade shall be void or
voidable merely on the ground that any
of its objects is in restraint of trade.
14. Registered Office (Sec 12)
• All communications and notices to a registered Trade Union may be addressed
to its registered office. Notice of any change in the address of the head office
shall be given within fourteen days of such change to the Registrar in writing,
and the changed address shall be recorded in the register referred to in section
8.
15. Advantages of
Registration
• A trade union enjoys the following
advantages after registration :-
1. A trade union after registration
becomes a body corporate
2. It gets perpetual succession and
common seal
3. It can acquire and hold both movable
and immovable property
4. It can enter into a contract
5. It can sue and be sued in its registered
name
16. Cancellation of
Registration (Sec 10)
• Power to withdraw or cancel registration
of trade union is given to the Registrar.
The Registrar can cancel the registration in
the following cases :-
1. On the application of the trade union
2. Where the certificate of registration has
been obtained by fraud or mistake
3. Where the trade union has ceased to exist
4. Where any rule of the union is
inconsistent with the provisions of the act
5. Where trade union violates any provision
of the act
6. Where the union has rescinded any rule
providing for any of the compulsory
matters
7. Where the primary objects of the union
are no longer statutory.
17. Appeal (Sec 11)
• Section 11 of the Act gives a limited
right of appeal from the decisions of the
Registrar. Any person who is aggrieved
by the refusal of the Registrar to register
a trade union or by the withdrawal or
cancellation of certificate of registration
is given the right of appeal. The appeal
must be made within sixty days of the
date on which the Registrar passed the
order against which the appeal is made.
• The appeal shall be made :-
1. Where the head office of the
trade union is situated falling
within the jurisdiction of or
labour court or and Industrial
Tribunal to that court or
Tribunal, as the case may be.
18. Rights And Privileges
of Registered Trade
Unions
• Chapter 3 of the Trade Unions Act,
1926 enumerates the right and liabilities
of a registered trade union. Certain
rights and obligations are imposed on
them by the fact of registration. A
registered trade union has the right to
maintain
1. A general fund And
2. A separate fund for political
purposes.
• But an obligation is also imposed on the
trade unions to spend the funds only for
the purposes specified in the Act.