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Part A: Ans 1 Trade Union Section 2 (H) Trade Unions Act, 1926
Part A: Ans 1 Trade Union Section 2 (H) Trade Unions Act, 1926
Ans 1
formed primarily for the purpose of regulating the relations between workmen and
Trade unions are formed to protect and promote the interests of their members.
independent workers.
irrational, arbitrary and illegal actions of employers. Members can share their
feelings, exchange notes and fight the employer quite effectively whenever he goes
• Wages or salaries
• Working conditions
• Discipline
• Personnel policies
• Welfare
• Employee-employer relation
• Negotiating machinery
and better working conditions (b) To raise the status of workers as a part of industry
(c) To protect labors against victimization and injustice
for improving the morale of workers • To generate self confidence among workers •
themselves to the new working conditions, the new rules and policies. Workers
‘Workman’.
Section 2(s) of the Industrial Disputes Act, 1947, defines 'workman' to mean:
manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire
or reward, whether the terms of employment be express or implied, and for the
includes any such person who has been dismissed, discharged or retrenched in
or retrenchment has led to that dispute, but does not include any such person –
(i) who is subject to the Air Force Ad, 1950, or the Army Act, 1950, or the
a prison; or
ten thousand rupees per mensem or exercises, either by the nature of the duties
attached to the office or by reason of the powers vested in him, functions mainly of a
managerial nature.
(a) person,
(b) employed,
(e) for hire or reward, but excludes certain specified categories of persons.
Test
The scope of the aforesaid expression has been the subject-matter of judicial
interpretation in a series of decided cases. Let us turn to examine the scope of the
aforesaid expressions.
A. Person
'Workman' includes:
An Apprentice,
with,
B. Employed
Industry Section 2 of the Industrial Disputes Act, 1947, defines industry as follows:
vocations.
the other which is from the perspective of the workman (industrial occupation
nature and does not give any test or formula to determine what is an industry
In Bangalore water supply Vs. A Rajappa 1998 SC, the Hon'ble Apex Court
1. Systematic
2. Organised by
3. For the productn and/or activity corporatn distribution of between goods and
services employer calculated to & satisfy human employee, bonds and wishes
celestial bliss.
c) The true focus is functional and the deceisive test is the nature of the activity
university is not anindustry. The SC on the basis of triple test laid down inthe case
club was a member’s self serving institution and not an industry but it was overruled
byBangalore water supply case. It was held that boththe cricket club of India and
that an employer is required to pay wage earners for the work performed during a
contract”
the method of fixing them. Minimum wages can be set by statute, decision of a
or tribunals. Minimum wages can also be set by giving the force of law to provisions
of collective agreements.
The purpose of minimum wages is to protect workers against unduly low pay.
They help ensure a just and equitable share of the fruits of progress to all, and a
minimum living wage to all who are employed and in need of such protection.
Minimum wages can also be one element of a policy to overcome poverty and reduce
inequality, including those between men and women, by promoting the right to equal
for livelihood. The main object of the Act is to prevent exploitation of workers and to
determine minimum wages. (Edward Mills Co. Ltd. v/s State of Ajmer,1954)
Section 2 h) Wages- all remuneration, capable of being expressed in term of
done.
Section 3 to 9 of the minimum wages act, 1948 mentions the procedure for
the determination of minimum wages. Section 3(i) of the act provides that the
appropriate government shall be empowered to fix the minimum wages in the manner
prescribed under this act. It shall fix the minimum rates of wages payable to
under this clause for the whole state, fix such rates for a part of the state or part
thereof, thus the jurisdiction to determine the minimum wages is with the appropriate
government.
Section 3(1)(A) provides that the appropriate government may refrain from
there are in the whole state less than 1000 employees engaged in such employment.
But if at any time the number of employees has risen to one thousand or more, then it
1.A minimum rate of wages for time work ( i.e., ‘a minimum time rate.’)
2.A minimum rate of wages for piece work (i.e., ’a minimum piece rate.’)
3.A minimum of remuneration to apply in case of employees employed on
piece work for the purpose of securing to such employees a minimum rate of
4.A minimum rate to apply in substitution for the minimum rate which would
1.Provides that the appropriate government may refrain from fixing minimum
Overtime.
2.The basic rate of wages with or without the cost living allowance.
3.An all-inclusive rate allowing for the basic rate, the cost of living.
Ans 7
concert with a view to bring pressure upon the employer to concede to their demands
during an industrial dispute. The workmen must be employed in any industry. Mere
cessation of work does not come within the purview of strike unless it can be shown
that such cessation of work was a concerted action for the enforcement of an
industrial demand Indian Iron and Steel Co. Ltd. v. Its Workmen, (1967) I LU 381
(pat).
combination; or
(2) A concerted refusal of any number of persons who are or have been
(3) A refusal under a common understanding of any number of persons who are
of cessation of work is immaterial. Cessation of work even for half an hour amounts
period it may be. Mere absence from work is not enough but there must be concerted
refusal to work, to constitute a strike.' Ram Sarup and another v. Rex, AIR 1949
All 218.
The workers of a company wanted to celebrate "May Day". They requested the
employer of company to declare that day a holiday. They were also ready to
declare 'May Day' as a holiday the workers enbloc applied for leave. It was held that
there was no "cessation of work" or concerted refusal to work and the action of the
employees to apply for casual leave enbloc did not amount to strike. Standard
Kinds of Strike
(3) Go slow.
Part B
Ans 1
Chapter II of the Trade Unions Act, 1926 deals with the provisions of the
registration of trade unions. According to section 2 (h) of the Act, “Trade Union”
means any combination, whether temporary or permanent, formed primarily for the
restrictive conditions on the conduct of any trade or business, and includes any
federation of two or more Trade Unions. Thus, the present article shall deal with the
most important aspect of trade union, and that is the registration of trade unions.
Appointment of Registrars
person to be the Registrar of Trade Unions for each state, and the appropriate
government shall also appoint as many additional registrars as it may deem fit to
Mode of Registration
Union in accordance with the provisions of the Act may make an application apply
for registration of the trade union. There are two conditions subsequent to the same,
firstly no trade union of workmen shall be registered unless at least 10% or 100 of the
workmen, whichever is less engaged in the employment of the establishment are its
members on the date of making of its application and secondly no trade union shall
be registered unless on the date of making of application, minimum seven of its
Also, such application shall not be deemed to be invalid merely on the ground
that at any time after the date of the application, but before the registration of the
trade union some of the members but not exceeding half of the total number of
According to section 5 of the Act, every application for the registration of the
trade union shall be made to the Registrar and shall be accompanied by a copy of the
rules of the Trade Union and a statement of the following particulars namely-
application;
2.The name of the trade union and the address of its head office, and
3.The titles, names, ages, addresses and occupations of the office- bearers
Where a trade union has been into existence for more than a year, then a copy of the
assets and liabilities shall also be submitted along with the application for
registration.
registration under the Act unless the executive committee has been established in
accordance with the provisions of the Act and the rules provide for the following-
established;
3.The whole of the purposes for which the general funds of the trade
connected;
benefit assured by the rules and under which any fine or forfeiture may
8.The manner in which the members of the executive and the other office
9.The safe custody of the funds of the trade union, an annual audit, in
facilities for the inspection of the account books by the office bearers and
According to section 7 of the Act, the registrar may call for further information
for the purpose of satisfying himself that whether all the particulars are in accordance
of an existing trade union and the registrar feels that the name so resembles that of
the other that there are fairs chances of the persons being misled then the registrar
shall ask the trade union applying to change the name and shall refuse to register the
Registration
According to section 8 of the Act, if the registrar thinks that the trade union has
complied with all the provisions of the Act, it shall register the Trade Union by
entering in a register all the particulars in accordance with the provisions of the Act.
Certificate of registration
registration to the trade union after registration under section 8 which shall be
Cancellation of registration
such manner as may be prescribed; where the registrar is satisfied that the certificate
has been obtained by fraud or mistake or the trade union has ceased to exist or has
willfully and other notice from the registrar contravened any provisions of the Act
and if the registrar is satisfied that a registered trade union ceases to have requisite
number of members.
Appeal
register a trade union or withdrawal of registration, etc by registrar may file an appeal
where the trade union head office is situated within the limits of a presidency town to
the High Court, or where the head office is situated in an area, falling within the
case may be; where the head office is situated in any area, to such court, not inferior
On an application to the appropriate forum, the court may either dismiss the
The court shall have the same powers of a civil court under Civil Procedure
Registered office
According to section 13 of the Act, every registered trade union shall be a body
corporate having a common seal and perpetual succession with power to acquire and
hold movable and immovable property and shall by the said name sue and be sued.
Conclusion
The presence of trade unions establishes a healthy relationship between the employer
and workmen with a sense of responsibility towards each other. Trade unions define
and channelize the rights of the workers with pressure on the employer to not deceit
them. The registration of Trade Union ensures that a trade union duly certified and
recognized and thereby the provisions for same are laid down exhaustively in the Act.
Ans 2
Strike and lockout are the actions taken by the employees and employers
respectively to fulfil their demands. The strike is the remedy for employees while the
In the struggle between the employers and employees, lockout and strikes work
as weapons. Strike makes the effect on the production in the industry whereas the
lockout makes the effects on the salary of the employees. Law gives the room for
strike and lockout to place in the industry. But both must be peaceful and must fulfil
the conditions of the Industrial dispute act, 1947. Here, we will discuss what is strike
or lockout, strike and lockout under industrial dispute act, the definition of strike and
lockout, illegal strike and lockout and lockout and strike difference.
concert with a view to bring pressure upon the employer to concede to their demands
during an industrial dispute. The workmen must be employed in any industry. Mere
cessation of work does not come within the purview of strike unless it can be shown
that such cessation of work was a concerted action for the enforcement of an
industrial demand Indian Iron and Steel Co. Ltd. v. Its Workmen, (1967) I LU 381
(pat).
combination; or
(2) A concerted refusal of any number of persons who are or have been
employed in any industry to continue to work or to accept employment; or
(3) A refusal under a common understanding of any number of persons who are
Lockout:
employed by him.
Strike is a weapon in the hands of the labour to force the management to accept
their demands.
Lock-out is the keeping of labour away from work by an employer with a view to
employed by him;
Lock-out has been described by the Supreme Court as the antithesis of strike.
STRIKE LOCK-OUT
their demands.
economic
5 The strike is of various types. The lock-out does not have varieties.