INTRODUCTION

In India, trade unions have developed into an important platform for putting up with
the demands of workers.The very purpose of formation of a Trade Union is to
regulate relation between employer and workmen and for this purpose a Trade Union
collectively bargain, on behalf of the workmen, with the employer. This function of the
Trade Union is also incorporated by the Trade Unions Act, 1926 .For all practical
purposes to regulate relations it is necessary that a Trade Union should be
recognised by the employer so that he can communicate with the Trade Union,
discuss, negotiate and settle the matters of their common interest.

History of trade union Law in India

Labour legislation in India has a key impact on the development of industrial

relations. The establishment of social justice has been the principle of all
labour legislation in India. The establishment of the International Labour
Organisation to uplift the condition of labour all over the world gave further
impetus to the need for well-framed labour legislation in the country. Several
other internal factors like the Swaraj movement of 1921-24, the Royal
Commission on Labour also paved the way for various labour laws and also
encouraged the framers of the constitution to incorporate such laws in the
constitution which will benefit the labourers. Under the Constitution of India,
labour is the subject of the concurrent list and both the centre and the state
can make laws related to the subject.

Provisions of the Trade Unions Act, 1926

The labourers, especially the ones who work in the unorganised sectors, lack
the capacity to bargain, and this becomes a major reason for their exploitation.
The right to collective bargaining is provided only to those trade unions that
are registered. But in India, there is legislation regarding the recognition of
trade unions but there is no single legislation on the registration of trade
unions. Realising the need to have central legislation for the registration of
trade unions, the parliament passed the Indian Trade Union (Amendment) Act
in the year 1947. The said Act sought to introduce Chapter III-A into the Trade
Union Act, 1926, which enumerated the conditions required for the mandatory
recognition of any trade union. However, this Act was never brought into force.
Therefore, the mandatory recognition of trade unions is not present under any
law in force in India.
Registration of trade unions

By relying on the registration mechanism, unions are encouraged to grow

steadily and permanently. According to the Act, a registered trade union is
entitled to certain protections and benefits. As a result, the union’s supporters
are prompted into registering their trade unions under the Trade Unions Act of
1926.The regulations relating to the registration of trade unions are outlined in
Sections 3 to 14 of Chapter 2 of the Trade Union Act of 1926 and the Central
Trade Union Regulations, 1938.

Recognition of trade unions

The Trade Unions Act, 1926 neither contained any provision to require the
employer to recognise a Trade Union as a bargaining agent of the workers nor
did it prevent him from recognising more than one Trade Union. This is
considered as a lacuna in the Trade Unions Act which is silent on this issue.
However realising the need for the same the Trade Unions Act, was amended
in the year 1947 and a new Chapter III-A containing Sections from 28-A to
28-I was inserted. But this Chapter was never brought into force and it lapsed
with the dissolution of the Central Legislative Assembly.However it acquired
importance as it gives an ideal scheme for the recognition of Trade Union
which serves as guidelines for those employers and workmen who are willing
to regulate their relationship on an equitable plane.
The Bombay Industrial Relations Act, 1946 and the state acts of Madhya
Pradesh and Rajasthan have provisions making the recognition a compulsory
process. Once a trade union is recognized, the recognition cannot be
withdrawn without complying with the rules of natural justice.

In Kalindi and Others v. Tata Locomotive and Engineering Co. Ltd the
Supreme Court held that there is no right to representation as such unless the
company, by its standing orders, recognizes such right. The decision was
reiterated in Bharat Petroleum Corporation Ltd. v. Maharashtra General.
Kamgar Union & Ors.

1) Section 28-C. Recognition by Agreement:

Section 28-C provided for the recognition of Trade Union by an agreement
where an employer agrees to recognise Trade Union a memorandum of
agreement to that effect may be entered into between the employer and the
workmen and it should be presented to the Registrar who shall record the
memorandum in the Register in the prescribed manner. Such agreement
could be revoked by either parties on making application to the Registrar.
2) Section 28-D. Conditions for recognition by order of a Labour Court:
The new Chapter III-A provided for the recognition of Trade Union by order of
a Labour Court in case the employer is not willing to recognise the Trade
Union by mutual agreement.
3) Section 28-E. Application for grant of recognition by Labour Court:
This section lays down that where a Trade Union applies for recognition to an
employer and fails to obtain the same within 3 months, it may apply to Labour
Court giving necessary particulars as may be prescribed.

28-F. Rights of Recognised Trade Union :

Section 28-F set-out the rights of a recognised Trade Union and laid down
that the executive of the recognised Trade Union shall be entitled to negotiate
with the employer in respect of matters connected with the employment,
non-employment or the terms of employment or the conditions of labourer of
all or any of its members.
The employer shall receive and send replies to letters sent by the executive
of the recognised Trade Union and grant interviews to that body regarding
such matters. However employer is not obliged to send replies in respect of
such matter on which the employer has already held previous discussion and
arrived at a conclusion unless there is any change ni the circumstances
relating to such conclusion of the employer during last 3 months. Any dispute
in this regard shall be referred to the Registrar whose decision shall be final.
A recognised Trade Union was also entitled to display any notices of the
Trade Union on the premises of the employer, where its members are
employed and the employer shall afford reasonable facilities for the same.
A trade union which is statutorily recognised must be entitled to the
following additional privileges and rights compared to an unregistered union:*
(*Shramic Uthrash Sabha v. Raymond Woollen Mills Ltd., SCC 1995,)

(i)the right to sole representation of the workers in any collective bargaining:

(ii) to raise issues and enter into agreements with employers on general
questions concerning the terms and conditions employment; of

(iii) to collect membership fees and subscriptions payable by members to the

union within the premises of the undertakings or demand check off facility:
(iv) to put up notice board in the premises of the undertaking and affix notices
relating to meetings statements of accounts and other announcements;

(v) to discuss with employer the grievances of the workers;

(vi) to inspect the place of work;

(vii) to nominate its representatives to the grievance committee or statutory

and non-statutory bipartite committees.

In workmen of kampali co operative sugar factory ltd v. Management of

kampli co operative sugar factory ltd the court held that when there is no
provision regarding recognition in the statute the right cannot be enforced by
writ petition . when there is no statutory provision or agreement of recognition
between the employer and union , no legal right is created simply because the
union has been recognised by the management and withdrawal of recognition
does not violate any right.
The Bombay high court has held that only the recognised trade union can
enter into settment with the employer and not any other union or employees
independently can do so.

In Balmer Lawrie Workers’ Union, Bombay and Anr. v. Balmer Lawrie & Co.
Ltd. and Ors., the underlying assumption made by the Supreme Court was
that a recognised union represents all the workmen in the industrial
undertaking or in the industryThe recognised Trade union also has a duty to
submit returns to the registar within the stipulated period of time failure of
which would be punishable with penalty.

Difference between registration and recognition of trade unions

The main difference between registration and recognition of trade unions is

that registration is done by the registrar and recognition is done by
management as a collective bargaining agent.
None of them is mandatory under the Trade Union Act. Registered trade
unions have certain inherent benefits with it. Whereas recognition of trade
union has no inherent right and once they are recognised, it leads to conferred
certain rights upon them.

CONCLUSION
The Trade Union Act of 1926 is welfare legislation that has been enacted to
protect workers in the organised and unorganised sectors from inhuman
treatment and provide protection of their human rights. As such, the legislation
contains provisions for registration, regulation, benefits, and protection for
trade unions.important aspect of the employer-employee relationship.
Collective bargaining is not provided to all the trade unions but is only
provided to those trade unions that are recognised. Therefore, the demand for
mandatory recognition of trade unions, which has not been provided under the
Trade Union Act 1926, has been raised time and again by the workers. Today,
the growth of the media has resulted in the empowerment of trade unions.