TRADE UNION

ACT 1926
 OBJECT AND SCOPE
•Object:- to provide for the registration of trade
unions
•Aims at defining the law relating to the registered
trade unions
 MAIN FEATURES OF THE ACT
• Registration of TU
• Provision regarding the rules of the registered TU
• Constitution of general fund and political fund of the
registered TU
• Immunity to the registered TU from criminal conspiracy
• Amalgamation of registered TU
• Dissolution of registered TU
 DEFINITION 2(H)
• A Trade Union is a combination whether temporary or
permanent, formed for the purpose of
• A. Regulating the relations between
• 1. workmen and employers
• 2. workmen and workmen or
• 3. employers and employers.
• B. For imposing restrictive conditions on the conduct of any
trade or business and include any federation of two or more
unions
•In common parlance trade union means an
association of workers in a particular industry.
•In legal sense – an association formed for the
purpose of regulating the relation between
workmen and employers or workmen and workmen
or employer and employers.
 MINIMUM CONDITIONS
PRECEDENT
•There must be a combination of workers
•There must be a trade or business
•The main object of the union must be to regulate the
relations or to impose restrictive conditions of the
conduct of any trade or business
•Tamil Nadu Non government Officers Union v
Registrar of TU
•Civil servants engaged in the task of sovereign and
legal aspects of the state are not workman –
registration denied.
 REGISTRATION OF TRADE UNION
• Section 3- appointment of • Functions of registrar (Sec.8)
registrar by appropriate • Application is filed before the
government registrar
• Examine application
• Look at the objectives of the TU
• Register TU
• He is the authority charged with
the duty of administering the
provisions of the act(S.C. in North
Eastern Railway Employees Union
v. Third Additional District Judge)
 SECTION 4 - APPLICATION

• 7 or more members
• Section 5-
• A copy of the rules of the TU
• Names, occupations and addresses of place of work of the members
making application
• The name of the TU and the address of its head office
• The titles, names, ages addresses and occupations of office bearers of
the TU
• If the TU is in existence for more than 1 year before making an
application – general statements of assets and liabilities should be
stated.
 ESSENTIAL CONDITIONS FOR
REGISTRATION OF TU (S.6)
• Name of TU
• Whole object for which TU has been established
• The whole of the purpose for which general funds of the TU shall be applied
• Maintenance of a list of members of the TU- provide for verification when
necessary.
• Minimum subscription amount
• Manner of amendments of rules
• Manner of election of office bearers
• Manner of dissolution
 REGISTRATION
Section 8- registration
Section 9 – certificate of registration
prescribed form
 CANCELLATION OF REGISTRATION
• Section 10
• Done by registrar
• 1. on application of the TU
• 2. if registration was obtained by fraud or mistake
• 3. if the registrar is satisfied that the TU
• Ceased to exist
• Willfully contravened any provisions of the act etc.
• 4. if the registrar is satisfied that a registered TU of workmen
ceases to have the requisite number of members
• 2 moths Notice should be give (except I the case of 1)
 APPEAL
• Section 11
• Any person aggrieved or TU- within 2 months
• Proceedings in appeal shall start within 60 days
 RIGHTS AND LIABILITIES OF THE
REGISTERED TU
•Body corporate
•Becomes legal entity
•Perpetual succession
•Right to hold property
•Power to contract
•Can sue and can be sued
INTRODUCTION