Module VII.2.

TRADE UNIONISM
History of the Trade Union
Movement in India
 Introduction
 Trade Unionism is an outcome of the factory system.
 Based on labour philosophy-”united we stand, divided we fall.”
 Industrial Revolution changed the traditional outlook in the labour
management relationship.
 With the introduction of modern factory system, personal
relationship between employer and employee disappeared and has
given rise to many social and economic evils.
 Need to devise an effective means to contact employers and to
bargain with them.
 Formation of trade unions has provided an ideal solution.
 Labour Movement in India is about fourteen decades old.
 It may be traced from 1860s.
Six Periods
 1. pre-1918
 2. 1918-24
 3. 1925-34
 4. 1935-38
 5. 1939-46
 6. 1947 and since
 Pre-1918 Period
 1860-labour agitation in Bengal led by Dinbandhu Mitra.
 Protest against the hardship of the cultivators and plantation
workers.
 Indigo Commission
 Report reflects gros-sest cruelties perpetrated by foreign planters
with the aid and under the protection of laws framed by the British
Government specially for this purpose.
 1875-Sarobji Shapuri in Bombay made a protest against poor
working conditions of workers at that time.
 The deplorable conditions of workers were brought to the notice of
the Secretary of State of India.
 1875-Appointment of first Factory Commissions
 Enactment of Factories Act, 1881
 Pre-1918 Period
 Appointment of another Factory Commission in 1884.
 First Labour Association in India
 1890-Bombay Mill Hands Association –First Labour assosiation was
formed as Mr. Narayan Lokhande as its President.
 It started a labour Journal (Dinbandhu) in order to propogate effective
views of their own.
 Several labour organisations were formed after 1890
 Amalgamated Society of Railway Servants in India and Burma-April
1897 registered under companies Act
 Printers Union, Calcutta , 1905
 Bombay Postal Union, 1907
 Kamgar Hityardhak Sabha and Service League , 1910
Pre-1918 Period
 Important Strikes
1895 Ahmedabad Mill Owners Association
Reason for strike:- substitute a fortnightly wage system for a
weekly one which was in force ever since 1896.
1896 Strike in Jute industries in Calcutta
1897 After plague epidemic, the mill workers in Bombay went
on strike for payment of daily wages instead of monthly
payment of wages.
1903 Employees of press and machine section of Madras
Government went on strike for overtime work without payment.
Pre-1918 Period
1905 Workers of the Government of India Press, Calcutta-
1. Non-payment for Sunday and gazetted holidays;
2. imposition of irregular fines;
3. low rate of overtime pay; and
4. the refusal of authorities to grant leave on medical
certificate.
1907 Workers of Eastern Railway Workshop at Samastipur Increment
of wages
1907 Bombay Postal Union
1907 Indian Telegraph Association
1908 Workers of textile operatives in Bombay
 1918-1924
 Best described as the era of formation of modern
trade unionism.
Most significant feature of this period was that the ALL INDIA
TRADE UNION CONGRESS (AITUS) started in 1920 with the
Principal reason to decide the labour representative for ILO’s first
annual conference.
Lala Lajpat Rai , the President of Indian National Congress, became
the first President of AITUC.
 Formation of large no. of trade unions:-
 Madras Labour Union
 Ahmedabad Textile Labour Association
 Indian Seamen’s Union
 Calcutta Clerk’s Union
 All India Postal and RMS Association
 1918-1924
 Factors responsible for the formation and growth of trade
unions:-
 1. Economic conditions of workers
 2. Political conditions prevailing in the country
 3.The worker’s revolution in Russia which established the first workers
State in the World had its own influence.
 4. World wide unrest in the post war period.
 5. Setting up of the ILO in 1919.
 1925-1934

 Split in AITUC
 Ideological dissension in labour movement began within few years of
the AITUC coming into being.
 Three distinct ideological groups in the trade union organisation-
 Communist led by M.N.Roy & Shripat Amrut Dange
 Nationalist s led by Gandhiji & Pandit Nehru
 Moderates led by N.M.Joshi & V.V.Giri
 1929-National Trade Union Federation (NTUF)-Moderates-N.M.Joshi
 1931- Red Trade Union Congress-Commnist-M.N.Roy
1925-1934

 Period also shown remarkable decrees in the intensity of industrial

conflict. At least two factors were responsible for it-
 First, the Trade Disputes Act was passed in 1929 prohibiting strikes and
lockouts.
 Second, the failure of strikes and lockout resulted in industrial strife.
 Another significant feature of this period was the passing of
The Trade Unions Act, 1926
The Trade Disputes Act, 1929
 1935-1938
 Unity was forced in trade union
 Revival of trade union activity.
 1935- RTUC (communist) merged with the AITUC
 1938- An agreement was arrived at between National Trade Union
Federation (Moderates) and AITUC
 Responsible factors:-
 Change in political set up.
 Working class was also awakened about their right.
 Management also changed its attitude towards trade unions.
1935-1938
1938-Most important state enactment-THE BOMBAY INDUSTRIAL
DISPUTES ACT,1938
Significant Features:-
1. Compulsory recognition of unions by the employers
2. Give the right to workers to get their case represented
3. Certification of standing orders which would define with sufficient
precision the conditions of employment and make them known to the
workmen.
4. The setting up an Industrial Court, with original as well as appellate
jurisdiction to which parties could go for arbitration
5. Prohibition of strikes and lockouts under certain conditions.
1939-46
 Increase in trade union activity
 1941-Formation of Indian Federation of Labour-M.N.Roy
 Reasons for industrial unrest and increased trade union
activity:-
 1. The rise in prices could not keep pace with the increase in wages
 2. There was a split in AITUC due to nationalist movement.
 3. The post world war-II witnessed retrenchment and therefore faced
with the problem of unemployment.
 Membership of registered trade unions
 667 in 1939-40
 1087 in 1945-46
 No of women workers in the registered trade unions
 18,612 in 1939-40
 38,570 in 1945-46
1939-1946
 1946- Industrial Employment (Standing Orders) Act, 1946
 This act was passed to bring uniformity in the conditions of employment
of workmen in industrial establishment and thereby to minimise industrial
conflicts.
 1946- Bombay Industrial Relations Act, 1946
 The Act makes elaborate provisions for the recognition of trade unions and
rights thereof
 After 1947
 Trade Union movement got diversified on
political considerations
1947 Indian National Trade Union Congress (INTUC) formed by
labour leaders associated with Congress.
1948 Socialist Party formed an organisation known as Hind
Mazdoor Sabha (HMS)
1949 United Trade Union Congress (UTUC)
1954 Bhartiya Mazdoor Sangh (MS) was fromed in Bhopal by Jan
Sangh Party
1955 Hind Mazdoor Panchayat by Sanyukt Socialist Party
1955 Indian Federation of Independent Trade Unions-no affiliation
with any political party
Central Trade Union Organisations (CTUOs) in India

 Bhartiya Mazdoor Sangh (BMS)

 All India Trade Union Congress (AITUC)
 Centre of Indian Trade Unions (CITU)
 Hind Mazdoor Kisan Panchayat (HMKP)
 Hind Mazdoor Sabha (HMS)
 Indian Federation of Free Trade Unions (IFFTU)
 Indian National Trade Union Congress (INTUC)
 National Front of Indian Trade Unions (NFITU)
 National Labour Organisation (NLO)
 Trade Unions Coordination Centre (TUCC)
 United Trade Union Congress (UTUC)
 United Trade Union Congress-Lenin Sarani (UTUC-LS)
Who can form Trade
Union
 Members of Trade Union
 Section2(h) "Trade Union" means
 combination,
 whether temporary or permanent,
 formed primarily for the purpose of
 regulating the relations
 between workmen and employers or
 between workmen and workmen, or
 between employers and employers, or
 for imposing restrictive condition on the conduct of any trade or business,
and
 includes any federation of two or more Trade Unions
Members of Trade Union
 The TUA, 1926, does not specifically provide persons who may be a
member of a trade union.

 However the act makes it clear that the trade union may either be formed
by workmen or employers.

 Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad 231

 Only the persons engaged in trade or business can form trade unions.
 Can a trade union be formed by employers only?

 Karnataka High Court in Registrar, Trade Union v.

M. Mariswamy,1947.
 An agreement between the partners to form a
partnership firm is not a Trade Union.
 Workmen
 In the traditional sense trade union is used to denote the union of
workmen.
 The workmen constitute the major part of trade union.
 It is therefore, necessary to ascertain its meaning.
 The term “workmen” has not been independently defined
in the Trade Unions Act.
 But in the definition of the term “trade dispute” in section 2(g) the
definition of the term “workmen” is found which runs:
 "Workmen" means
 all persons
 employed in trade or industry
 whether or not in the employment of the employer with
whom the trade dispute arises.
1. Whether the persons other than those who are employed to do any skilled or
unskilled , manual, supervisory, technical or clerical work may be covered
within the meaning of the word “workmen”?
2. Whether the “workmen” includes persons
 who are subjected to Army, Air Force or Navy Act, or
 who are employed in the Police service or as officers or other employees of a
prison, or
 who are employed mainly in a managerial or administrative capacity or
exercising functions mainly of managerial ‘nature’?
3. Whether the gratuitous workers may indulge in trade unions?
4. Whether there should be a contract of employment between “employers” and
“workmen”?
5. Whether there is any age restriction for becoming the member of a trade
union?
6. Whether badli workers are workmen?
7. Can the dismissed, discharged or retrenched worker become member of a
trade union?
1. Whether the persons other than those who are employed to do
any skilled or unskilled , manual, supervisory, technical or
clerical work may be covered within the meaning of the word
“workmen”?
 The term “workmen” has a wide coverage.
 Not confined to only those persons who are employed to do any
manual, skilled, unskilled, supervisory, technical, operational or
clerical work.
 All the persons employed to do any kind of work covered within
the definition of “workmen” provided they are employed in any
trade or industry.
3. Whether the gratuitous workers may indulge in trade unions?
 The definition of workmen covers even gratuitous workers.

4. Whether there should be a contract of employment between

“employers” and “workmen”?

 According to the definition it is not necessary that there should be a

contract of employment between the “employer” and “workmen”.
Indeed, the court emphasis that an “employee” does not cease to be
an “employee” merely because he is employed through
intermediaries.
 Individual Dispute & Trade Dispute

 Employment and Non- Employment

5. Whether there is any age restriction for becoming
the member of a trade union?

 Section 21A (1) (i) of the Trade Unions Act, 1926

provides that a person who has attained the age of
fifteen years may be a member of registered trade
unions unless the rules of trade unions provides
otherwise.
 But a person who has not attained the age of eighteen
years can neither be an office-bearer of any such trade
union nor can he be chosen a member of the executive
of the unions.
 Sixth, whether badli workers are workmen?

 The AP High Court in Panyam Cement Employees Union v.

Commr. of Labour (2004)1 LLJ 915 held that
 “badli workmen are ‘workmen’ and, therefore, if
management disapproves a trade union of badli workers or
discourages badly workers to join a trade union or denies
voting right to badly workers, the same would amount to
unfair labour practice.”

 “Badli workman” –Workman who is provided with a Badli Card and who
is employed in place of another workman who is temporarily absent and
whose name is borne on the muster roll of the factory.
 Area in which the trade union operates

 The arena of inter-action of trade union is “trade or

industry”.
 The TUA, however does not spell out either the term “trade”
or “industry”.
 A question, therefore, arises whether the TUA, 1926
is in pari material with the IDA, 1947?

 Pari material-This rule of statutory construction, that statutes which

relates to the same subject should be read, construed and applied together
so that the legislatures intention can be gathered from the whole of
enactments, applied only when the particular statute is ambigous.
 Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad 231
 The Madras High Court has answered it in negative because in the Court’s
view a comprehensive meaning of the term “industry” was considered by the
legislature in regard to the IDA.
 On the other hand,
 The Andhra Pradesh High Court
 T.T.Devasthanam v. Commissioner of Labor, (1979)1LLJ 448
 and
 Karnataka HC in C.M.T Institute v. Assistant Labour Commissioner, (1979)
I LLJ 192 have taken the view that two enactments are in pari material
and that the expression “trade or industry” in Section 2(g) of the Trade
Unions Act carries the same meaning as the word “industry” in Section
2(j) of the IDA.

 There is no decision of the SC on this point.

 Section 2(j) of the IDA, 1947 defines the term.
“Industry” to mean:
 “any business, trade, undertaking, manufacturing or
calling of employers and includes any calling,
services, employment, handcraft, or industrial
occupation or avocation of workmen.”
Analysis of Judicial response
 Employees State Insurance Corporation
 Registrar of Trade Unions v. Mihir Kumar

Gooha, AIR 1963 Cal 56

 In this case the question arose whether

employees of Employees State Insurance

Corporation could form a ‘trade union’
under the TUA?
 The registrar on an application made by the
employees for registration first registered it
but later cancelled its registration.
 Against the order of cancellation the appeal

was filed before the Appellate Court. The

court set aside the order of the Registrar
cancelling the certificate of registration.
Against this decision they preferred a Letters
Patent Appeal before the DB of the Cal. HC.
 The DB upholding the order of the single judge
observed:
 “ In my opinion, this test may well be applied to
the expression industry as also ‘trade’ or ‘business’
as used in the TUA. In this act also, the profit motive
is not essential and providing of amenities or
services to the community or a substantial portion
of it would be sufficient to satisfy the test. The fact
that such services are to be rendered by a statutory
corporation make no difference.
 The fact that a large number of employees are
employed by an employer, to render services
for particular class of persons, in an
organized manner is quite sufficient to bring
the corporation within the mischief of the act.
The employers of such corporation are,
‘workmen’ as defined in Section2 (g) of the
TUA and are entitled to form a TU and get it
registered.”
 Provident Fund Organization
 Registrar of Trade Unions v. M. Mariswami (1973)2 LLJ 256
 In this case the employees of the Provident Fund Organisation made an
application to the Registrar for the registration of its trade union called the
Mysore State Provident Fund Employees Union under the TDA, 1926.
The Registrar first issued a certificate of registration but later after issuing
a show cause notice withdrew its registration certificate. On appeal, the
District Court allowed the appeal and set aside the order of the Registrar.
In a revision petition against the order of the District Court the High Court
observed:
 “As the activity of the PFO is “industry”, the members of the union,
who are its employees, have to be regarded as workmen. As the union
was formed primarily for the purpose of regulating the relations between
the workmen and its employer, it is a Trade Union as defined in Section
2(h) of the Act.”
 Fire Brigade Service
 Registrar of Trade Unions v. Fire Service Workers Union (1963) 1 LLJ
167
 In this case the employees of the Fire Brigade Services formed a union
and applied for its registration to the Registrar of Trade Unions. The
Registrar first registered the union but later cancelled the certificate
of registration after giving the notice. Against this order the union
filed an appeal to the High Court. The HC held that employees
employed in Fire Brigade Services were employed in “trade or
industry” and were entitled to be registered under the TDA, 1926.
 Society of Central Machine Tools Institute
 C.M.T Institute v. Assistant Labour Commissioner, (1979) ILLJ 192
 The Karnataka HC applied and extended the definition of ‘industry’
under the IDA, 1947 in interpreting the word “trade or industry”
occurring in Section 2(g) of the TDA, 1926. The court pointed out that
there was no difference between the meaning of the word
“industry” as defined in Section 2(i) of the IDA and the word
“industry & industry” as used under section 2(g) of the TUA. The
court also held that the word “trade & industry”, even without
elaborate definition of the word “industry” under the IDA, were
themselves sufficiently wide enough to bring the Society of Central
Machine Tool Institute within ‘the definition of “trade or industry”
notwithstanding the fact that it had no profit motive.
 Persons employed in the following are not employed in
“industry’

 Rajbhavan
 Rangaswami v. Registrar of Trade Unions, AIR (1962) Mad 231
 In this case it was held that persons employed in Raj Bhavan for domestic
and other duties could not form trade union on the ground that workers
were not employed in trade or industry carried on by the employer. The
services rendered by them were purely of a personal nature. A union of
such workers was not, therefore, entitled for registration under the TUA,
1926.

 Educational Institutions run by Ramakrishna Mission

Registration of Trade
Unions
Compulsory versus Voluntary Registration
 TUA was enacted with a view to encourage the formation of permanent
and stable trade unions and to protect their members form certain
civil and criminal liabilities.
 A registered union alone will be entitled to the various benefits,
protections and immunities.
 Registration entitles the union to represent the workers who are its
members.
  Compulsory versus Voluntary Registration
Two conflicting views:-
1.Registration of trade union should not be made compulsory .
 Compulsory registration is burdensome and expansive. Therefore, present
legal position should continue.
 The provisions of the TUA, 1926 itself afford legal status and protection to
trade union members which will encourage trade unions to get themselves
registered.
Compulsory versus Voluntary Registration

 The registration of trade unions should be made

compulsory.

 All the unions should be governed by the provisions of the Act and the
Rules framed there under in a similar manner.
 Prevent “fraud, embezzlement or deception practiced upon members by
designed unscrupulous persons.”
 Second view is supported by First National Commission of Labour.
 The commission is of the view that the registration of trade unions should
be made compulsory “because it will bring the application of same
standards of obligations to all unions and would result in qualitative
improvement in their organization and functioning.”
Recognition of Trade Union by the Employer
 The recognition of trade union is different from its registration.
 A trade union registered under the Act is entitled to all the protections and
rights contemplated by the Act even if it is not recognized by the employer.
 The TDA, 1926 does not provide for compulsory recognition of Trade Union
.
 Recognition thus remains a matter of discretion of the employer.
 The Trade Union (Amendment) Act, 1947, even though envisaged for
compulsory recognition of trade union, was not carried into effect.
 The 1950 Trade Union Bill designed to the same purpose also lapsed.
 The Bombay Industrial Relations Act, 1946, The Madhya Pradesh and
Rajasthan State Acts provides for compulsory recognition.

 National Commission on Labour in its report (p.329. paras,23,50) feels it

desirable to make union recognition compulsory under Central Law, in all
undertakings employing 100 or more workers or where the capital invested
is more than a stipulated size.
Recognition of Trade Union by the Employer
 Sahithya Mandir Press v. U.P (1951) 1 LLJ 246 (Bom)
 The company contended that the union could not represent the employees
because it was not recognized.
 The Appellate tribunal held that appearance of representation is a matter of
procedure and that Section 36(1) of the IDA, 1947 permits representation
by an officer of a registered trade union.
 Hence, it is not necessary that the union at the same time be one recognized
by the management.
 What is required is that the union should be a union registered under the act
and the workmen concerned in the dispute should be a member thereof.

 TNElectricity Board v. T.N.E.B. Accounts and Executive Staff

Union, 1981 Lab & IC 1138 (Mad)
 The recongnition once granted cannot be withdrawn illegally or without
complying with the rules of natural justice.
Mandatory rules for a trade union
to be eligible for registration
 Name of the Trade Union.
 Objectives of its establishments
 The lawful purpose of spending the general funds
 Maintenance of list of members, sufficient facilities
for its scrutiny by the office bearers and union
members.
 Payment of monthly membership fee
 Safe custody of funds
 Conduction of annual audits
Legal Status of Registered Trade Unions
(Section 13)

 Section 13
 Every registered trade union shall be a body corporate by
the name under which it is registered , and shall have
perpetual succession and a common seal with a power to
acquire and hold both movable and immovable property
and to contract, and shall by the said name sue and be sued.

 A registered trade union is an entity distinct from the

members of which the trade union is composed.
 Mere registration of a trade union does not make it
a authority under Article 12 of the Constitution of
India.
 It continues to remain a Private Body.

 K.V. shridhran v. S Sundarmoorthy,2009 LLR 414

Mode of Registration
 Application for registration shall be made to the Registrar. (Section 5)
 Application shall be accompanied by a copy of the rules (section 6) of the
Trade Union and the statement of the particulars mentioned in Section 5 of
TUA. (Section 5)

 Section 4. Mode of Registration

 Seven or more members may apply for registration of the Trade Union
under this Act. (Section 4)
 At least 10% or 100 of the workmen, which ever is less, enganged 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. (Section 6)
Mode of Registration
 TU of workmen has on the date of making application not less than seven
persons as its members, who are workmen engaged or employed in the
establishment or industry with which it is connected. (Section 6)

 If at any time after the date of the application, but before the registration
of the TU, if half of the members who made the application ceased to be
members of the TU or have given notice in writing to the Registrar
dissociating themselves from the application. (Section 6)
 Mode of Registration
 Section 7. Power to call for further particulars and to require
alteration of name.
 Registrar may call for further information for the purpose of satisfying
himself that the application complies with section 5 or 6.
 If the name under which a TU is proposed to be registered is identical
or so nearly resembles with any other existing TU, the Registrar shall
refuse to register the Union until such alteration has been made

 Section 8.Registration.
 The Registrar, on being satisfied that the Trade Union has complied
with all the requirements of this Act in regard to registration, shall
register the Trade Union.
 Mode of Registration
 Section 8.Registration.
 The Registrar, on being satisfied that the Trade Union has complied
with all the requirements of this Act in regard to registration, shall
register the Trade Union.

1. Whether it is obligatory under the Registrar to register a trade union

within a reasonable time where it has complied with all the
requirements of the Act?
2. Whether the Court can interfere in regard to the time taken by the
Registrar in granting or refusing registration of trade union?
3. What is the scope of enquiry under section 8?
4. Functions of Registrar –Whether administrative of quasi-judicial?
5. Whether the Registrar can refuse to register more than one union in
one plant/industry?
Mode of Registration
1. Whether it is obligatory under the Registrar to register a trade
union within a reasonable time where it has complied with all the
requirements of the Act?
 Time-Limit of Registration
 TUA does not prescribe any time-limit for the grant or refusal of
registration.
 Problem:
 The Union sent an application for registration to the Registrar of Trade
Unions in the prescribed manner together with the constitution and rules
of the said union .
 No action was taken under section 7 and 8 on the application for over 3
months .
 The Union sent many reminders but no reply was made from Registrar’s
office.
 Finally, the Union preferred a writ petition before the Patna High Court,
praying that the Registrar of Trade Unions be directed to perform his
statutory duty of registering or refusing to register the trade union under
2. Whether the Court can interfere in regard to the time taken by the
Registrar in granting or refusing registration of trade union?

 A.C.C. Rajanka Lime Stone Quarries Mazdoor Union v. Registrar of

Trade Unions AIR 1958 Pat.475
 The HC of Patna, held that Section 8 imposes the statutory duty upon
the Registrar to register a trade union on being satisfied that it had
complied with the requirements of the Act.
 The court directed the Registrar of Trade Unions to perform the
statutory duty imposed upon him under Sections 7 and 8 to deal with
the application of the Trade Union according to law at an early date.

 National Commission on Labour suggested 30 days excluding the time

which the unon takes in answering queries from the Registrar.
 The Trade Union(Amendment) Bill, 1982 provided for insertion of the
words “within a period of 60 days from the date of such compliance”
after the words “Registrar of Trade Unions” in section 8.
3. What is the scope of enquiry under section 8?
 Problem No.2
 An application made by the Inland Steam Navigation Worker’s Union for
its registration.
 The application was rejected by the Registrar of Trade Unions on the
ground that the Union was for all practical purposes the same union
which has been registered and, therefore, be declared unlawful under
section 16 of the Criminal Law (Amendment) Act, 1908.
 Against this finding, the appeal was preferred before the Calcutta High
Court under section 11 of the TUA, 1926
 In re: Inland Steam Navigation Workers Union AIR (1936) Cal.57
 High Court observed:
 ‘the duties of the Registrar were to examine the application and to look
at the objects for which the union was formed. If those objects were
objects set out in the Act, and if those objects did not go outside the
objects prescribed in the Act and if all the requirements of the Act, and
the Regulations made there under had been complied with it was his duty
to register the Union.”
Indian Express October, 2011.
 Even as the strike at Maruti's Manesar plant has
ended, the Ministry of Labour and Employment
(MoLE) has learnt a lesson from it. It is working on
amending the Trade Union Act, 1926, to make the
process of registration of a trade union more
transparent. The amendment Bill would be placed
in the next session of Parliament.
 The right to register a trade union was at the heart
of the Maruti strike, which went on for more than a
month.
 Officials in the labour ministry say the proposed
amendment would ensure that a decision on
whether to grant registration to a trade union or not
becomes time-bound. The ministry is looking at a
time period of 45 days for the registrar of the trade
union to take a decision on the issue. At present,
there is no time limit on the registrar to take a
decision.
 The amendment would also simplify the process
for appeal. At present, appeal against the order of
the registrar can be challenged in a civil court
which takes a long time. The amendment will grant
the labour court the power to hear an appeal.
4. Whether the Registrar of Trade Union is under an
obligation to hear the then-existing unions in the field
before making the order under Section 8?

 R.K.Workmen’s Union v. Registrar of Trade Unions,

(1968)1LLJ335(Cal)
 High Court answer the question in negative and observed:
 “Once, therefore, the Registrar is satisfied that the
requirements of the stature have been complied with, it is
obligatory upon him to enter in a register the applicant-union
and he has no obligation to hear the existing unions in the
field before making the order under section 8.
5. Functions of Registrar –Whether administrative of
quasi-judicial?

 O.N.G.C. Workmen’s Association v. State of West Bengal

(1988)
 Calcutta HC held that
 any order passed under Section 8 by the Registrar must
be administrative in nature.
 The Registrar is not deemed to be a quasi-judicial
authority to decide any disputed question of fact or law.
 He has no authority to ask for any of the parties to lead
evidence and to give opportunity to the other party to cross
examine any witness.
6. Whether the Registrar can refuse to register more than
one union in one plant/industry?
Two views-
1. The Registrar of Trade Unions should be empowered to refuse to
register one union in one plant or industry.
Multiplicity of union leads to rivalry among trade unions.
Objection to this argument
2. This may run contrary to Article 19(1)(c).
3. The problem of multiplicity of trade unions may be resolved to a
great extent by providing recognition to a representative union.

2. The Registrar of Trade Union should not be given power to refuse

to register more than one union because the refusal may infringe
Article 19(1)(c) of the Constitution.
Cancellation of a Registered Trade Union
 Section 10. Grounds for cancellation of a Registered Trade Union

1. Certificate under section 9 had been obtained by fraud or mistake;

2. Trade union had ceased to exist;
3. Trade union has “willfully” contravened any provisions of the Act even
after notice from the Registrar or allowed any rule to continue in force
which is inconsistent with any such provision;
4. Trade Union had rescinded any Rule providing for any material
provision which was required by Section 6.
5. If the Registrar is satisfied that a registered Trade Union of workmen
ceases to have the requisite number of members.(Section 9A).(inserted
in 2001)
 Two Months notice
Cancellation of a Registered Trade Union
 Powers of the High Court in respect of cancellation of
Registration

 Mukund Iron Steel Works Ltd. V. V.V. Deshpande, (1986) Lab.IC 1612
(Bombay)
 Bombay High Court held that the High Court may exercise its powers
under Article 226 of the Constitution where the cancellation of the
registration of the trade union had been effected improperly.

 Gujarat Rajya Kamdar Sabha v. Registrar under the Trade Unions Act,
(1999)LLR285
 Gujarat High Court quashed the orders of Registrar where no show cause
notice was given before cancellation of registration as required under
Section 10.
Appeal- Section 11
 Act confers right of appeal on persons aggrieved against an order of the
Registrar
1. Refusing to register a trade union; or
2. Withdrawing the certificate issued after registration; or
2. Cancelling the certificate of registration.
Appellate Forum
The appeal may be filed
a. Where the head office of the trade union is situated within the limits of a
Presidency Town to the High Court;or
b. Where the head office is situated in an area, falling within the jurisdiction of
a Labour Court or an Industrial Tribunal, to that court or Tribunal; or

c. Where the head office is situated in any other area to such court, not inferior
to the court of an Additional or Assistant Judge of a Principle Civil Court of
original jurisdiction, as the appropriate government may appoint in this
behalf for the area.
Appeal
 Powers of the Appellate Court
 The Appellate Court may either
 1. Dismiss the appeal; or
 2. pass an order directing the Registrar to register trade unions
and to issue a certificate of registration under Section 9; or
 3. Set aside the order for withdrawal or cancellation of the
certificate as the case may be.

 SECOND APPEAL- Section 11(4)

 Second appeal shall be filed in the High Court .
 No second appeal shall lie where the High Court hears an appeal
under Section 11(1) (a).
Inter-Union and Intra-Union Rivalries
 Since independence inter-union and intra-union rivalries, primarily based on
political considerations, leading to disputes between rival sets of office-bearers
of trade unions, have become sharper.
 Except non-statutory Code of Discipline evolved in 1958 which has failed to
achieve the desired result, there is at present no legal machinery or procedure
for resolution of inter-union disputes in the Trade Unions Act.
 To fill this gap the Trade Unions (Amendment)Bill, 1982, provides for such
machinery.
 Section 2(i) of the bill defines ‘Trade Union Dispute’
 Section 28B, permits the parties to a trade union dispute to refer such dispute to
arbitration.
 Section 28C empowers the Registrar to follow such procedure as he think fit in
adjudging the disputes referred to him.
 Any person aggrieved by the award of the Registrar in a reference may appeal
to the Court .
 The Bill also permits the parties to trade union disputes to apply jointly or
seperately in the manner prescribed by Regulation for Adjudication of Disputes
to the Registrar.
Immunity from Criminal & Civil Proceedings

 Until 1926, unions or workers indulging in strike and causing

financial loss to management were liable for illegal
conspiracies.
 Buckingham and Carnatic Mills the unions were held liable
for illegal conspiracies and employers were awarded
damages.
Section 17. Criminal Conspiracy in trade disputes

 No office-bearer or member of a registered Trade Union

 shall be liable to punishment under sub-section (2) of Section
120B of the IPC,
 in respect of any agreement between the members
 for the purpose of furthering any such object of the Trade Union
as is specified in Section 15,
unless
 the agreement is an agreement to commit an offence.
Section 18. Immunity from civil suit in certain cases

 (1) No suit or other legal proceedings

 shall be maintainable
 in any Civil Court
 against any registered Trade Union or any office bearer or member
thereof
 in respect of any act done in contemplation or furtherance of a
 trade dispute
 to which a member of the Trade Union is a party
 on the ground only that
 such act induces some other person to break a contract of employment,
or
 that it is in interference with the trade business or employment of some
other person or
 with the right of some other person to dispose of his capital or of his
labour as he wills.
Section 18. Immunity from civil suit in certain cases

 2. A registered Trade Union

 shall not be liable in any suit or other legal proceeding in any Civil
Court
 in respect of any tortious act
 done in contemplation or furtherance of a trade dispute
 by an agent of the Trade Union
 if it is proved that
 such person
 acted without the knowledge of, or
 contrary to express instructions
 given by, the executive of the Trade Union.