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Trade Union Act Essay

WELCOME TO THE PRESENTATION SALIENT FEATURES OF “THE TRADE UNION ACT, 1926” OBJECTIVES •FOR REGISTRATION OF TRADE UNIONS AND DEFINING THE LAW OF RELATING TO REGISTERED TRADE UNIONS. APPLICABILITY (SECTION 1) •EXTENDS TO WHOLE OF INDIA. DEFINITIONS (SECTION 2) “THE APPROPRIATE GOVERNMENT “ MEANS, IN RELATION TO TRADE UNIONS WHOSE OBJECTS ARE NOT CONFINED TO ONE STATE THE CENTRAL GOVERNMENT AND IN RELATION TO OTHER TRADE UNIONS, THE STATE OVERNMENT, UNLESS THERE IS ANYTHING REPUGNANT IN THE SUBJECT OR CONTEXT,- a)“EXECUTIVE” MEANS THE BODY, BY WHATEVER NAME CALLED, TO WHICH THE MANAGEMENT OF THE AFFAIRS OF A TRADE UNION IS ENTRUSTED. )“OFFICE BEARER” IN THE CASE OF A TRADE UNION INCLUDES ANY MEMBER OF THE EXECUTIVE THEREOF, BUT DOES NOT INCLUDE AN AUDITOR. c)“PRESCRIBED” MEANS PRESCRIBED BY REGULATIONS. d)“REGISTERED TRADE UNION” MEANS A TRADE UNION REGISTERED UNDER THIS ACT. e)“REGISTERED OFFICE” MEANS OFFICE OF A TRADE UNION REGISTERED UNDER THIS ACT AS HEAD OFFICE. f)“REGISTRAR” MEANS- •A REGISTRAR OF TRADE UNIONS APPOINTED BY THE APPROPRIATE GOVERNMENT UNDER SECTION 3 AND INCLUDES ANY ADDITIONAL OR DEPUTY REGISTRAR OF TRADE UNIONS, AND IN RELATION TO ANY TRADE UNION, THE REGISTRAR APPOINTED FOR THE STATE IN WHICH THE HEAD OR REGISTERED OFFICE, AS THE CASE MAY BE. OF TRADE UNION IS SITUATED. g. )“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 DISPUTES ARISES. h. “TRADE UNION” MEANS ANY 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 CONSITIONS ON THE CONDUCT OF ANY TRADE OR BUSINESS, AND INCLUDES ANY FEDERATION OF TWO OR MORE TRADE UNIONS. MODE OF REGISTERATION ANY SEVEN OR MORE MEMBERS OF A TRADE UNION MAY, BY SUBSCRIBING THEIR NAMES TO RULES OF TRADE UNION AND BY OTHERWISE COMPLYING WITH THE PROVISIONS OF THIS ACT WITH RESPECT TO REGISTARATION, APPLY FOR REGISTRATION.

PROVIDED THAT NO TRADE UNION OF WORKMEN SHALL BE REGISTERED UNLESS AT LEAST 10% OR ONE HUNDRED OF THE WORKMAEN, WHICHEVER IS LESS, EMPLOYED IN THE ESTABLISHMENT OR INDUSTRY ARE THE MEMBERS OF SUCH TRADE UNION ON THE DATE OF APPLICATION . PROVIDED FURTHER THAT NO TRADE UNION OF WORKMEN SHALL BE REGISTERED UNLESS IT 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.

APPLICATIONS FOR REGISTERATION SHALL NOT BE INVALID MERELY BECAUSE AFTER THE DATE OF APPLICATION BUT BEFORE REGISTRATION OF THE TRADE UNION, SOME APPLICANTS NOT EXCEEDING THE HALF OF TOTAL NO. OF PERSONS WHO MADE THE APPLICATIONS HAVE CEASED TO BE MEMBERS. APPLICATION FOR REGISTRATION- 1. APPLICATION FOR REGISTERATION OF A 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:- A. )THE NAMES, OCCUPATIONS AND ADRESSES OF THE MEMBERS MAKING APPLICATIONS; B. IN CASE OF A TRADE UNION OF WORKMEN, NAMES, OCCUPATIONS AND ADDRESSES OF PLACE OF WORK OF MEMBERS OF TRADE UNION MAKING THE APPLICATION. C. )NAME OF TRADE UNION AND THE ADDRESS OF ITS H. O. , D. )TITLES, NAMES, AGES, ADDRESSES AND OCCUPATIONS OF OFFICE BEARERS OF THE TRADE UNION. 2. WHERE A TRADE UNION HAS BEEN IN EXISTENCE FOR MORE THAN ONE YEAR BEFORE THE MAKING OF AN APPLICATION FOR ITS REGISTRATION, THERE SHALL BE DELIVERED TO THE REGISTRAR, TOGETHER WITH THE APPLICATION, A GENERAL STATEMENT OF THE ASSETS AND LIABILITIES OF THE TRADE UNION PREPARED IN SUCH FORM AND CONTAINING SUCH PARTICULARS AS MAY BE PRESCRIBED.

PROVISIONS TO BE CONTAINED IN THE RULES OF THE TRADE UNION: A)NAME OF TRADE UNION. B)OBJECTS OF TRADE UNION C)PURPOSES FOR WHICH GENERAL FUNDS OF THE TRADE UNION; D)LIST OF MEMBERS OF TRADE UNIONS AND FACILITIES FOR INSPECTION BY OFFICE BEARERS AND MEMBERS OF T. U. E)ADMISSION OF ORDINARY MEMBERS ACTUALLY ENGAGED OR EMPLOYED IN INDUSTRY WITH WHICH THE TRADE UNION IS CONNECTED WITH AND ADMISSION OF HONORARY OR TEMPORARY MEMBERS AS OFFICE BEARERS UNDER SECTION 22 TO FORM THE EXECUTIVE OF THE TRADE UNION. F)PAYMENT OF SUBSCRIPTION- NOT LESS THAN ONE RUPEE PER ANNUM FOR RURAL WORKERS; 3 RS.

PER ANNUM FOR WORKERS IN ORGANISED SECTOR; 12 RS. PER ANNUM FOR WORKERS IN ANY OTHER CASE. G)CONDITIONS UNDER WHICH MEMBERS SHALL BE ENTITLED TO BENEFIT UNDER THE RULES AND UNDER WHICH FINE OF FORFEITURE MAY BE IMPOSED ON THE MEMBERS. H)RULES OF AMMENDMENT, VARIATION, OR RESCINDEDNESS. I)MANNER IN WHICH MEMBERS OF THE EXECUTIVE AND OFFICE BEARERS SHALL BE ELECTED AND REMOVED. J)DURATION OF PERIOD BEING NOT MORE THAN THREE DAYS FOR WHICH MEMBERS OF EXECUTIVE AND OFFICE BEARERS SHALL BE ELECTED. K)SAFE CUSTODY OF FUNDS, ANNUAL AUDIT OF THE ACCOUNTS AND INSPECTION FACILITIES BY OFFICE BEARERS AND MEMBERS.

L)MANNER IN WHICH THE TRADE UNION MAY BE DISSOLVED. REGISTRATION REGISTRAR ON SATISFACTION WITH THE COMPLIANCE OF ALL THE REQUIREMENTS SHALL REGISTER THE TRADE UNION. CERTIFICATE OF REGISTERATION REGISTRAR SHALL ISSUE CERTIFICATE OF REGISTERATION. •REGISTRATION OF TRADE UNION IS COMPLETELY DIFFERENT FROM ITS RECOFNITION. IN DAV COLLETE, JALANDHAR VS. STA- TE OF PUNJAB, 1971 SC 1737, IT IS HELD ‘RIGHT TO FORM ASSOCIATION DOES NOT HAVE WITH IT THE CONCOMITANT RIGHT OF RECOGNIZATION BY EMPLOYER’. MINIMUM REQUIREMENT ABOUT MEMBERSHIP OF TRADE UNION

A REGISTERED TRADE UNION SHALL AT ALL TIMES HAVE NOT LESS THAN 10% OR ONE HUNDRED WORKMEN, WHICHEVER IS LESS SUBJECT TO MINIMUM OPF SEVEN EMPLOYED IN ESTABLISHMENT/INDUSTRY WITH WHICH IT IS CONNECTE AS ITS MEMBERS. CANCELLATION OF REGISTERATION a) ON APPLICATION OF TRADE UNION b) ON SATISFACTION OF THE REGISTRAR THAT CERTIFICATE HAS BEEN OBTAINED BY FROAD OR MISTAKE OR THE TRADE UNION HAS CEASED TO EXIST OR HAS WILLFULLY AND AFTER NOTICE FROM REGISTRAR CONTRAVENED THE PROVISIONS OF THE ACT OR IN-CONSISTENCY WITH PROVISIONS OF SECTION 6. ) REGISTRAR BEING SATISFIED THAT TRADE UNION CEASES TO HAVE REQUISITE NUMBER OF MEMBERS. PROVIDED REGISTRAR SHALL GIVE NOTICE FOR NOT LESS THAN TWO MONTHS SPECIFYING GROUNDS. APPEAL AGGRIEVED BY THE DECISION OF THE REGISTRAR, APPEAL LIES WITHIN THE LIMITS OF PRESIDENCY TOWN/HIGH COURT b. )WHERE HEAD OFFICE FALLS WITHIN JURISDICTION OF LABOUR COURT OR INDUSTRIAL TRIBUNAL, TO THAT COURT OR TRIBUNAL. c. )WHERE HO IS SITUATED IN ANY OTHER AREA, TO SUCH COURT AS MAY BE PRESCRIBED. OBJECTS ON WHICH GENERAL FUNDS MAY BE SPENT 1. SALARIES, ALLOWANCES AND EXPENSES OF OFFICE BEARERS. 2.

ADMINISTRATIVE EXPENSES/AUDIT. 3. LEGAL PROCEEDINGS FOR TRADE UNION/MEMBERS’ INTERESTS 4. ALLOWANCES TO MEMBERS/DEPENDENTS ON ACCOUN OF DEATH, OLD AGE, SICKNESS, ACCIDENTS OR UNEMPLOYMENT. 5. INSURANCE POLICIES ON THE LIVES OF MEMBERS. 6. EDUCATION, SOCIAL OR RELIGIOUS BENEFITS INCLUDING EXPENSES ON FUNERAL/RELIGIOUS CEREMONIES OF MEMBERS/DECEASED MEMBERS. 7. PERIODICAL PUBLICATIONS. 8. IN FURTHERANCE OF ANY OF THE OBJECTS FOR WHICH GENERAL FUNDS COULD BE SPENT. CONSTITUTION OF A SEPARATE FUND(SECTION 16) FOR POLITICAL PURPOSES INTENDING FOR THE PROMOTION OF CIVIC AND POLITICAL INTEREST OF ITS MEMBERS E.

G. , PAYMENT FOR CANDIDATE FOR ELECTION TO ANY LEGISLATIVE BODY OR ANY LOCAL AUTHORITY, BEFORE, DURING OR AFTER THE ELECTION IN CONNECTION WITH HIS CANDIDATURE OR ELECTION OF HOLDING OF ANY MEETING OR DISTRIBUTION OF LITERATURE/DOCUMENTS IN HIS SUPPORT OR FOR MAINTENANCE OF ANY PERSON WHO IS A MEMBER OF LEGISLATIVE BODY OR ANY LOCAL AUTHORITY OR REGISTERATION OF ELECTORS/SELECTION OF SUCH CANDIDATES FOR HOLDING POLITICAL MEETINGS OR DISTRIBUTION OF POLITICAL LITERATURE. HOWEVER, NO MEMBER SHALL BE COMPELLED FOR SUCH CONTRIBUTIONS NOR SHALL HE BE EXCLUDED FROM UNION OR PLACED UNDER ANY DISABILITY.

CRIMINAL CONSPIRACY IN TRADE DISPUTES (SECTION 17) NO OFFICE BEARER OR MEMBER OF A REGISTERED TRADE UNION BE LIABLE TO PUNISHMENT UNDER SUB-SECTION (2) OF SECTION 120B OF THE INDIAN PENAL CODE, 1860 (45 OF 1860) IN RESPECT OF ANY AGREEMENT MADE BETWEEN THE MEMBERS FOR THE PURPOSE OF FURTHERING ANY SUCH OBJECT OF THE TRADE UNION AS IS SPECIFIED IN SECTION 15, UNLESS THE AGREEMENT TO COMMIT AN OFFENCE. •THE ESSENCE OF “CONSPIRACY” IS AN AGREEMENT, TOGETHER WITH AN OVERT ACT, TO DO AN UNLAWFUL ACT, OR DO A LAWFUL ACT IN AN UNLAWFUL MANNER. MERE KNOWLEDGE, AQUIESCENCE, APPROVAL, OR ATTEMPT ON PART OF ONE TO PERPETRATE ILLEGAL ACT IS INSUFFICIENT. •A CONSPIRACY MAY BE A CONTINUING ONE; ACTORS MAY DROP OUT, AND OTHERS DROP IN; THE DETAILS OF OPERATION MAY CHANGE FROM TIME TO TIME; THE MEMBERS NEED NOT KNOW EACH OTHER OR THE PART PLAYED BY OTHERS; A MEMBER NEED NOT KNOW ALL THE DETAILS OF THE PLAN OR THE OPERATIONS; HE MUST, HOWEVER, KNOW THE PURPOSE OF THE CONSPIRACY AND AGREE TO BECOME A PARTY TO PLAN TO EFFECTUATE THAT PURPOSE. •THE INDIAN PENAL CODE, 1860, (IPC) BY ITS S. 120A DEFINES CRIMINAL CONSPIRACY AS: “WHEN TWO OR MORE PERSONS AGREE TO DO, OR CAUSE TO BE DONE- . AN ILLEGAL ACT, OR 2. AN ACT WHICH IS NOT ILLEGAL BY ILLEGAL MEANS, SUCH AN AGREEMENT IS DESIGNATED A CRIMINAL CONSPIRACY. PROVIDED THAT NO AGREEMENT EXCEPT AN AGREEMENT TO COMMIT AN OFFENCE SHALL AMOUNT TO A CRIMINAL CONSPIRACY UNLESS SOME ACT BESIDES THE AGREEMENT IS DONE BY ONE OR MORE PARTIES TO SUCH AGREEMENT IN PURSUANCE THEREOF. IT IS IMMATERIAL WHETHER THE ILLEGAL ACT IS THE ULTIMATE OBJECT OF SUCH AGREEMENT, OR IS MERELY INCIDENTAL TO THAT OBJECT. THE INGREDIENTS OF THIS OFFECNCE ARE- 1. THAT THERE MUST BE AN AGREEMENT BETWEEN THE PERSONS WHO ARE ALLEGED TO CONSPIRE; AND 2.

THAT THE AGREEMENT SHOULD BE- a)FOR DOING OF AN ILLEGAL ACT, OR b)FOR DOING BY ILLEGAL MEANS AN ACT WHICH MAY NOT ITSELF BE ILLEGAL. IMMUNITY FROM CIVIL SUIT IN CERTAIN CASES (SECTION 18) •NO SUIT IS MAINTAINABLE AGAINST REGISTERED TRADE UNION/OFFICE BEARER/MEMBER IN RESPECT OF ANY ACT DONE IN CONTEMPLATION OR FURTERANCE OF A TRADE DISPUTE TO WHICH A MEMBER OF TU IS A PARTY ONLY THAT SUCH ACT INDUCES SOME OTHER PERSON TO BREAK EMPLOYMENT CONTRACT OR INTERFERES WITH TRADE, BUSINESS OR EMPLOYMENT OF SOME OTHER PERSON OR WITH THE RIGHT OF SOME OTHER PERSON TO DISPOSE OF HIS CAPITAL OR HIS LEVER AS HE WILLS. REGISTERED TU NOT LIABLE IN ANY SUIT IN RESPECT OF ANY TORTIOUS ACT DONE IN CONTEMPLATION OR FURTHERANCE OF A TRADE DISPUTE BY ANY AGENT OF TU IF PROVED THAT SUCH A PERSON ACTED WITHOUT THE KNOWLEDGE OF OR CONTRARY TO EXPRESS IN SECTIONS GIVEN BY THE EXECUTIVE OF TU. DISQUALIFICATION OF OFFICE- BEARERS OF TRADE UNIONS •IF HE HAS NOT ATTAINED AGE OF 18 YRS •CONVICTED OF MORAL TURPITUDE AND SENTENCED TO IMPRISONMENT UNLESS A PERIOD OF 5 YRS HAS ELAPSED SINCE HIS RELEASE PROPORTION OF THE OFFICE BEARERS TO BE CONNECTED WITH INDUSTRY •NOT LESS THAN ONE-HALF OF THE TOTAL NUMBER OF OFFICE BEARERS OF TU IN AN

UNORGANISED SECTOR SHALL BE PERSONS ACTUALLY ENGAGED INDUSTRY WITH WHICH TU IS CONNECTED •SAVE AS ABOVE ALL OFFICE BEARERS OF TU EXCEPT NOT MORE THAN ONE THIRD OF TOTAL NUMBER OF OFFICE BEARERS OR 5, WHICHEVER IS LESS, SHALL BE PERSONS ACTUALLY EMPLOYED IN ESTABLISHMENT/INDUSTRY WITH WHICH TU IS CONNECTED. •RETIRED OR RETRENCHED EMPLOYEE SHALL NOT BE TREATED AS OUTSIDER FOR HOLDING OFFICE IN TU. •NO MINISTER OR A PERSON HOLDING OFFICE OF PROFIT (NOT BEING ENGAGED IN ESTABLISHMENT/INDUSTRY WITH WHICH TU IS CONNECTED SHALL BE MEMBER OF EXECUTIVE BODY OF TU.

CHANGE OF NAME OF TU WITH THE CONSENT OF NOT LESS THAN 2/3RD OF THE TOTAL NO. S OF MEMBERS AND SUBJECT TO SECTION 25 CAN CHANGE NAME. (SECTION 23) AMALGAMATION OF TRADE UNIONS (SECTION 24) REQUIRES VOTES OF AT LEAST ONE HALF OF MEMBERS OF EACH TU ENTITLED TO VOTE AND ATLEAST 60% OF VOTES SHOULD FAVOUR THE PROPOSAL. (SECTION 24, 25) DISSOLUTION- NOTICE OF DISSOLUTION SIGNED BY 7 MEMBERS AND BY THE SECRETARY OF TU GIVING CLEAR NOTICE OF 14 DAYS TO THE REGISTRAR AND ON HIS SATISFACTION DISSOLUTION SHALL HAVE EFFECT. REGISTRAR SHALL DISTRIBUTE THE FUNDS AMONGST THE MEMBERS IF THE RULES OF THE TU DO NOT HAVE PROVISIONS

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