LEGISLATION GOVERNING

UNIONS AND WAGES : THE - Animesh Kumar

TRADE UNIONS ACT 1926

 THE TRADE UNION ACT 1926
The trade Unions Act, 1926 provides for registration of trade unions with a view to
render lawful organization of labor to enable collective bargaining. It also confers on a
registered trade union certain protection and privileges.
Definitions : Section 2
A. Executive : Management of the affairs
B. Office bearer: Any member of the executive
C. Regd. Office: Head Office of the Trade union
 DEFINITIONS
H. Regd. Trade Union : Purpose of regulating the relations between workmen and
employers or between workmen and workmen, or between employers and employers, or for
imposing restrictive conditions on the conduct of any trade or business, and includes any
federation of two or more Trade Unions.
F. Registrar : Appointed by the appropriate govt. under section 3
G. TRADE DISPUTE : "trade dispute" means any dispute between employers and
workmen or between workmen and workmen, or between employers and employers which
is connected with the employment or non-employment, or the terms of employment or the
conditions of labour, of any person, and "workmen" means all persons employed in trade or
industry whether or not in the employment of the employer with whom the trade dispute
arises.
TAMILNADU NON- GAZETTED GOVT.
OFFICERS UNION VS. THE REGISTRAR
OF TRADE UNION A.I.R. 1862
FACTS: Trade Unions organised for non-gazette govt. officers of Tamil Nadu
state
People were Tehsildars, Magistrates, and some other officers including class IV
employee. The Gen. Secretary has applied to the Registrar and he refused.
That neither it is an industry nor these persons who are working on non-gazette
post could be classified as workmen.
Appeal went to Lower Court. He gave four reasons for refusing the registration.

1.Normally a trade and industry is there only where working types persons are
employees (manual work).
2.There is no collective bargaining
CASE CONTD…
3. The members are every type of persons and it includes Magistrates,
Tehsildars Peons etc.
4. They are doing sovereign work
Appealed in the HC
The Section 2 G doesn’t include civil servants like magistrates, Tehsildars
engaged in the task in sovereign and legal aspects of the govt.
So, the registration was refused on the ground that the association has included
some magistrates tehsildar etc. who are doing some sovereign functions and as
such were not included in the workmen.
FORMATION AND
REGISTRATIONS
Mode of Registration: Any seven or more persons who want to form a trade
union, can apply for its registration to the Registration of Trade Unions under
Section 4 (1) of the Trade Unions Act, 1926. These applicants must be members of a
trade union.

The application for registration must be sent to the Registrar of Trade Unions in
Form “A” as required by the Trade Union Act, 1926 under Section 5 Application for
registration.
APPLICATION FOR
REGISTRATION
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 for Registration S.5
The names, occupations and addresses of the members making the application;
The name of the trade union and the address of its head office, and
The titles, names, ages, addresses and occupations of the office- bearers of the trade
union.
S. 8 Registration and S. 9 certificate of the Registration
PRINCIPLE PRIVILEGES OF A
REGISTERED TRADE UNION
Enable them to carry out their legitimate trade union activities without any fear or
threat of civil or criminal action/liability.

Section 17 of the Act provides immunity from Criminal liability for criminal
conspiracy

Section 18 provides Immunity from civil Liability – Contractual Liability and

Tortious Liability
RIGHTS OF RECOGNIZED
TRADE UNIONS
1. To negotiate with employers in respect of matters connected with employment
conditions.
2. To collect membership fees from the members on the premises of the industry.
3. To nominate its member-representatives on the Grievances Committee constituted
in an establishment.
4. To nominate its representatives on the Joint Management Councils.
5. To receive replies from employers in response to their letters.
TRADE UNION STRUCTURE
FOUR TYPES OF TRADE
UNIONS
i. Craft Unions:
These represent workers with particular skills e.g. plumbers and weavers. These workers
may be employed in a number of industries.
ii. General Unions:
These unions include workers with a range of skills and from a range of industries. Having
different types of skill sets e.g. the Jamshedpur Labor Union
iii. Industrial unions:
These seek to represent all the workers in a particular industry, for instance, those in the rail
industry.
iv. White collar Unions: These unions represent particular professions, including pilots and
teachers. Unions in a country, often belong to a national union organization. For example, in
India, a number of unions belong to the All India Trade Union Congress (AITUC).
FEDERATIONS
National Federations : based on different political ideologies / Follow either a
militant policy or a policy of cooperation with the employers and the government, or
a policy of continuous strife and litigation/
e.g. INTUC consists of a central organization, affiliated unions,
industrial, UTUC, Hind Mazdoor Sabha (HMS)
The Federations of Unions : Combinations of various unions for the purpose of
gaining strength and solidarity/Local in character e.g. Bhartiya Kamgar Sena, The
Labour Progressive Federation, National Front of Indian Trade Unions and
coordinating Committee of Free Trade Unions/ The All India Railway men’s
federation
IMPACT OF GLOBALIZATION
ON TRADE UNION
MOVEMENT
Prior to 1991 economic reforms in India : There were frequent labour strikes,
often triggered, supported and sustained by political factors.

Post-reforms, the pressures of liberalization, privatization and globalization

forced the central and state governments to support the capitalist class which
adopted various cost-reduction and profit-maximization measures.
IMPACT OF GLOBALIZATION
- However, the trade union initiatives for revival should be in consonance
with the new market driven business environment and should focus on
making positive contribution in ‘business growth’ rather than playing an
antagonistic role.

- On employee front, trade unions have to ensure

education, skill enhancement, and professionalization of employees