HISTORICAL BACKGROUND OF TRADE UNION: Indian trade union movement is divided into three phases: 1.

First phase (1850 1900) This period marked the growth of Capitalist enterprises. The living and working conditions of labour were extremely poor and working hours were long and also low wages were given to them. Capitalists were just interested in their profitability and productivity. In order to regulate the living conditions and working hours as well as wages of the Indian textile workers, The Indian Factories Act came into existence in 1881. As a result of this act, employment of child labour was banned. Numerous strikes took place in the two decades post 1880 in all the industrial cities. These strikes made labourers realise the power of collective action even though as such there was no union in real terms. 2. Second phase (1900 1947) This period marked the development of Trade Unions and also emergence of militant trade unionism. Because of the First World War and the Russian revolution of 1917 Indian trade union movement got more organized. In 1918, Mr. B.P. Wadia led trade union movements with Textile mills in Chennai. In 1919, Mahatma Gandhi advised to let individual struggle be the Mass movement. In 1920, All India Trade Union Congress (AITUC) came into existence. In 1926, Trade union law was established which became operative from 1927. 3. Third phase (1947) This period saw the cooperation of the unions for the planned economic development of India. The working class movement was politicized along the lines of Indian political parties. For example, Indian national trade Union Congress (INTUC)-the trade union arm of Congress Party. Similarly the AITUC is the trade union of the Communist Party. Besides labourers, white-collar employees, supervisors as well as the managers are also organized by the trade unions, as for instance in the Insurance, Banking, Automobiles and Petroleum industries.

LEGAL FRAMEWORK OF TRADE UNION ACT 1926 1) OBJECTIVE: To facilitate the registration of trade unions and also to define the laws relating to those registered trade unions. 2) APPLICABILITY: It extends to the entire India. 3) TRADE UNIONS: Becomes a corporate Body Can acquire & hold movable as well as immovable property Can sue as well as be sued in its registered name 4) MODE OF REGISTRATION: Any seven or more members can apply for registration of trade union to the Registrar in charge for that area. 5) CANCELLATION OF REGISTRATION: Certificate of Registration stands cancelled by the Registrar in the following cases: On the certified application from the Trade Union for cancellation Where the Registrar is satisfied with the fact that the certificate is procured by mistake or by fraud Where the trade union no more exists Where the union wilfully contravened any provisions of the Act

6) AMALGAMATION OF TRADE UNIONS: Two or more registered trade unions may club together as single trade union but essential conditions are that the votes of at least half of the members of each trade union or at least 60 percent votes should be in favour of the amalgamation. 7) PRIVILEGES OF A REGISTERED TRADE UNION: Immunity from Criminal Prosecution: Registered Trade Union enjoys several rights in addition to their trade dispute, for example, right to go on strike & to force their members to boycott work. The trade union are not liable to punishment if they go on strike which is allowed under law. Immunity from civil suit: Legal proceedings shall be not be maintainable in civil court against any trade union which are registered unless the acts interferes with the business, trade or employment. Rights to inspect books of registered trade union: The account books of a trade union which is registered and the list of its members shall be open for inspection. Rights of the minors to membership of registered trade unions: Any person who has attained fifteen years of age may be a member of the registered trade union and enjoy all the rights of a member as well as execute all instruments which are necessary to be executed. 8) DISSOLUTION: For a registered Trade Union to be dissolved, notice of the dissolution shall be signed by seven members and the Secretary of the Trade Union and be sent to the Registrar within 14 days of the dissolution. If the registrar is satisfied that the dissolution is in accordance with the rules of trade union, the dissolution shall be effective from the date of registration. 9) PENALTIES: In case of the failure to submit returns, the penalty shall be extend to Rs.5/- and in case of continuing default, an additional fine shall be extended to Rs.5/- for each week & but shall not exceed Rs.50.00. Any person who purposefully makes any false entry or any omission from general statement shall be punishable with the fine of Rs.500/-. Registered trade unions if in case furnishes false informations , shall be punishable with fine of Rs.200/10) AUTHORITIES UNDER THE ACT: Registrar of Trade Unions Labour Commissioner Deputy Registrar of Trade Unions Joint Labour Commissioner Additional Registrar of Trade Unions Additional Labour Commissioner