TRADE UNIONS ACT 1926

TRADE UNION
Trade Union means a combination formed for the purpose of regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers
- Trade Union Act 1926

WHAT IS TRADE UNION

A trade union is an organized group of workers. Its main goal is to protect and advance the interests of its members A union often negotiates agreements with employers on pay and conditions. It may also provide legal and financial advice, sickness benefits and education facilities to its members Trade unions aim to represent the interests of people at work and negotiate with employers for better terms and conditions for their members

Growth Of Unions
The setting up of large scale industrial units involving widespread use of machinery ,changes in working and living environment of workers, concentration of industries in large towns, and the exploitative tendencies of the employers ,brought the workers together to maintain and improve their bargaining power against the employers .

The consequence was trade unions which have now come to symbolize1) Workers right to organise and 2) Their right to press their demands collectively and to go on strike if their demands are not accepted. The establishment in 1919 of the International Labour Organisation (ILO) had its influence on the growth of unions in India. The formation in 1920 of the All India federation namely, the All India Trade Unions congress, was the result of these urges.

The passing of the trade unions Act,1926 gave formal recognition to the workers the right to organise. The setting up of the popular Govt. in the provinces in late thirties under the Govt. Of India Act ,1935, the second World War, and the advent of independence quickened the pace of growth of the unions. the years since Indepence, witnessed a rapid incrase in the number of unions.

FUNCTIONS OF TRADE UNION

To secure for workers better wages To safeguard security of tenure and improve conditions of service To increase opportunities for promotion and training.

To improve working and living condition

To provide for educational cultural and recreational

 To promote identity of interests of the workers

To offer improved level of production and productivity discipline and high standard of quality To promote individual and collective welfare

TRADE UNIONS ACT 1926

The law relating to the welfare of the trade unions was formed with the advent of the Trade Unions Act 1926. The act was passed to regulatea)Conditions governing the registration of trade unions b)Obligations imposed upon a registered trade union c)Rights and liabilities of registered trade unions.

 Trade dispute- it means any dispute between employers and workmen, or between workmen and workmen or between employers and employers, which is connected withi) The employment or non-employment, ii) The terms of employment ,or iii) The conditions of labour. Workmen- workmen means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.

Definitions

 Trade union it means any combination ,whether temporary or permanent formed1) Primarily for the purpose of regulating the relations a. Between workmen and employers, or b. Between workmen and the workmen, c. Between employers and employers, or 2) For imposing restrictive conditions on the conduct of any trade or business.

 Application for registration any 7 or more members of a trade union may, by subscribing their names to the rules of the trade union and by otherwise complying with the provisions of the act with respect to registration apply for its registration. Application for registration to registrarApplication for registration of trade union is to be made to the registrar of trade unions. It must be accompanied by a copy of its rules and a statement of the following particulars:

Procedure for Registration of Trade Unions

a) The names , occupations and addresses of the members making the application ; b) The name of the trade union and the address of its head office; c) The titles, names,ages,addresses and occupations of the officers of the trade union. Where a trade union has been in existence for more than 1 year before the making of an application for its registration , a general statement of its assets and liabilities prepared in the prescribed form has also to be delivered to the registrar, together with the application.

Rules of Trade union- A trade union is entitled to registration only if its executive is constituted in accordance with the provisions of the act and its rules provide for the following matters namely: a)The name of the trade unions b)The whole of its objects c) The whole of the purposes for which the general funds of trade union are applicable. d)The maintenance of the list of members. e) The admission of the ordinary members, persons actually employed in the industry.

f) The payment of a subscription by the members of the trade unions which shall not be less than 25 paise per month per member. g) The conditions under which any members shall be entitled to any benefit h)The manner in which the rules shall be amended , varied or rescinded. i)The manner in which the members of the executive and the other office bearers of the trade unions shall be appointed and removed J)the safe custody of the funds of the trade union ,the annual audit of the accounts

k)The manner in which the trade union may be dissolved. Certificate of registrationThe registrar on registering a trade union shall issue a certificate of registration in the prescribed form. the certificate shall be conclusive evidence that the trade union has been duly registered under the act.

A Trade union after registration acquires the following characteristics:

Characteristics of registered Trade union

1. It becomes a body corporate by the name under which it is registered , and becomes a legal entity distinct from the members of which it is composed. 2. It has perpetual succession and a common seal 3. It has the power to contract 4. It can by the name under which it is registered sue and be sued. 5. It has the power to acquire and hold both movable and immovable properties.

Who may become members

Any person who has attained the age of 15 years may be a member of a registered trade union. Any member subject to the rules of the trade union , may enjoy all the rights of a member, but he cannot be an office bearer of the trade union until he attains the age of 18 years. Any person can become a member of a trade union. Ordinarily the members of a trade union must be persons who are actually engaged in the trade or industry with which the union is concerned. It is only persons engaged in trade or

business who can form a trade union or become members of a trade union .

Rights and privileges of trade union

The following are the rights and privileges of registered Trade Union:

1. Body Corporate 2. Separate fund for political purposes 3. Immunity from punishment for criminal conspiracy 4. Immunity from civil suits 5. Enforceability of agreements

6.Right to inspect books of trade union. 7.Right of minors to be members.

Duties and Liabilities Of a Registered Trade Union

1. Change of Registered office 2. Objects on which general funds may be spentthe general funds of the registered trade unions can be spent only on the following objects,a. The payment of salaries b. The payment of expenses c.The expenses in prosecution or defence of any legal proceeding. d.The conduct of trade dispute on behalf of the trade union

e.The compensation of members for loss arising out of trade dispute. f.Allowances to members 3.Constitution of a fund for political purposes 4.Proportion of officers to be connected with the industry. 5.Returns 6.Disqualifications of office bearers of trade union

A certificate of registration of a trade union may be withdrawn or cancelled by the registrar(a) On the application of the trade union to be verified in the prescribed manner; or (b) Of the Registrar is satisfied that the certificate has been obtained by fraud or mistake (c) If the Registrar is satisfied that the trade union has (i) ceased to exist or (ii) wilfully contravened any provisions of the act ,or (iii) allowed any rule to continue in force, which is inconsistent with any such provisions or (iv) rescinded any rule which ought to be there.

Cancellation of Registration

Case
Gopal Upadhaya V/S Union of India The army medical corps civilian employees Union, Lucknow was registered on January, 27,1964 with the registrar of Trade Unions Uttar Pradesh, under the provisions of the trade unions act.The members of the union were Carpenters,tailors,bootmakers,gardeners,sweepe rs,cooks,messengers,etc,who may be described as camp followers of the Army. The registration of the trade union was cancelled on January 6, 1978 by the Registrar of Trade unions

on the ground that such registration had ceased to be valid in view of the decision of the supreme Court, it was said that the registration was initially granted under a mistake and it was therefore cancelled on January 6 ,1978.

Dissolution of Trade union

When a trade union is dissolved , notice of of the dissolution signed by 7 embers and by the secretary of the trade union shall be sent to the registrar within 14 days of the dissolution.if the registrar is satisfied that the dissolution has been effected in accordance with the rules of the trade union , he shall register the fact of dissolution .the dissolution shall take effect from the date of such registration