TRADE UNION ACT OF 1926.

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GROUP MEMBERS.

ROLL NO.• 1135

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NAME• HITESH JANGID

• ANUSHKA KARANI

• MURTUZA MASALEWALA

• ANURADHA MENON

• VINIT POOJARY

• NISHI RATHOD

• ASHWIN SHETTY

• SHARVARI VAIDYA

INTRODUCTION. After the outbreak of World War I, the labour organization appeared in the form of modern

trade unions.

In the year 1921,the local governments are requested to ascertain the view of public bodies

and private persons on certain connected issues such as the principles of proposed

legislations, recognition of strikes, protection of trade unions from civil and criminal

liabilities.

After receiving the views of the local government, THE GOVERNMENT OF INDIA drew

up a bill in 1925. The bill was passed the next year as the

INDIAN TRADE UNION ACT 1926.

The object of the trade union 1926 is to provide for registration of trade union and to define

law relating to registered trade in certain aspects.

This act extends to the whole of India.

TRADE UNION

WHAT IS TRADE UNION ?

A TRADE UNION IS AN ORGANISATION OF WORKERS WHO HAVE BONDED

TOGETHER TO ACHIEVE COMMON GOALS SUCH AS PROTECTING THEIR

INTEGRITY, ACHIEVING HIGHER PAY, BETTER CONDITIONS, ETC.

DEFINITION

Under the TRADE UNION ACT 1926, Trade union means “ any combination whether

temporarily or permanent, formed primarily for the purpose of regulating the relations

between workers and employees or between workers and employers or between employers and

employees for imposing restrictive conditions or for the conduct of trade or business and

includes any federation of two or more trade union.”

OBJECTIVES Improved wages.

Improved terms and conditions.

Full employment.

Industrial democracy.

Voice in Government

PROCEDURE FOR FORMATION AND REGISTRATION OF TRADE UNION

Any group of 7 or more members can form a trade union

No trade union of the workmen shall be registered unless at least 10% or 100 whichever is

less, persons engaged 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

A registered trade union of workmen shall at all time continue to have not less than 10%

or 100 of the workmen whichever is less subject to a minimum of 7.engaged or employed

in a industry with which it is connected as a member

The minimum age limit for the membership of trade union is 18 years unless the rules of a

particular trade union provide a higher age limit

For being an office bearer the person has to be above 18 years

PROCEDURE FOR FORMATION AND REGISTRATION OF TRADE UNION

Every application for registration of trade union shall be made in form A

appended to the TRADE UNION ACT 1926 before the Registrar of Trade

Union and shall be accompanied by the copy of rules of the trade union and a

statement giving particulars :

Name, occupations and address of the members making application

The name of the trade union

The titles, names, ages, addresses and occupations of the office bearers of

the trade union as per format given in form A appended to the trade

union act 1926.

DOCUMENTS REQUIRED TO BE SUBMITTED ALONG WITH APPLICATION FORM

PHOTOCOPY OF MINUTES BOOK

PHOTOCOPY OF MEMBERSHIP FORM

PHOTOCOPY OF MEMBERSHIP REGISTER

PHOTOCOPY OF CASH BOOK,SPECIMEN OF CASH RECIEPTS

TWO COPIES OF CONSTITUTION INCORPORATING ALL ITEMS AS PRESCRIBED IN SCHEDULE TWO OF THE TRADE UNION ACT 1926

N.O.C. FROM THE OWNER UNION OFFICE

PHOTOCOPY OF SERVICE EMPLOYMENT PROOF OF ALL MEMBERS OF UNION

DULY PAID TREASURY, CHALLAN OF RS 25/- (REGISTRATION FEE) IN THE S.B.I. BRANCH UNDER THE HEAD “LABOUR AND EMPLOYMENT” RECEIPTS UNDER LABOUR LAW TO REGISTRATION OF TRADE UNION.

WHERE A TRADE UNION IS IN EXISTENCE IN MORE THAN A YEAR BEFORE THE APPLICATION TO THE REGISTRAR THE APPLICATION SHOULD BE ACCOMPANIED BY A GENERAL STATEMENT OF ASSETS AND LIABILITIES OF THE TRADE UNION AS FORM A APPENDED TO THE TRADE UNIONS ACT 1926.

RIGHTS AND RESPONSIBILITIES

PROVISIONS Trade Union is a body corporate : Registered Trade Union shall be a body

corporate by the name under which it is registered. It will have perpetual succession & a common seal. It can acquire both movable & immovable property in its own name & contract in its own name.

Fund for political purposes : Trade Union can constitute separate fund for political purposes.

Annual Returns : Every registered Trade Union will prepare a general statement of assets & liabilities of Trade Union as on 31st December. The statement will be sent to Registrar along with information about change of office bearers during the year.

Immunity from provision of criminal conspiracy in trade disputes : Office bearer of a trade union shall not be liable to punishment u/s 120B(2) of Indian Penal Code in respect of agreement made between members for purpose of object of trade union, unless the agreement is agreement to commit an offence (section 17). Thus, office bearer of trade union cannot be prosecuted for criminal conspiracy in respect of agreement relating to object of trade union.

PROVISIONS Immunity from civil suit : A civil suit or other legal proceeding is not maintainable

against any registered trade union or office bearer in furtherance of trade union activity on the ground that

(a) such act induces some person to break a contract of employment or

(b) It is in interference with the trade, business or employment of some other person.  

Registration does not mean recognition : Registration and recognition of Union by an employer are independent issues. Registration of Trade Union with Registrar has nothing to do with its recognition in a particular factory/company. Recognition of Trade Union is generally a matter of agreement between employer and trade union. In States like Maharashtra and Madhya Pradesh, there are specific legal provisions for recognition of a trade union.

CANCELLATION.

The Registrar can withdraw or cancel registration if it has been obtained by fraud or mistake, or the trade union has ceased to exist, or it has contravened any provision of the Act, or has deleted any rule providing any matter required under this Act.

The Trade Union concerned has however, to be given two months previous notice specifying the reasons for withdrawal or cancellation of registration.

The Union can appeal in a Civil Court against the order of the registrar either for refusing registration or withdrawing or cancelling registration certificate.

OBLIGATONS OF REGISTERED TRADE UNION.

The following are the obligations after the registration of Trade Union.

Keep account books and membership register available for inspection by any member or officer of the union.

Allow any person of the age of 15 years and above to be a member of the union subject to any rules of the trade union to the contrary, and enjoy all the privileges attached to membership.

Have 75% of the office bearers of the union from among the persons actually engaged or employed in industry with which the trade union is concerned, and the remaining 1/ 3rd can be outsiders, say lawyers, politicians, social workers and others who are not in any way connected with the industry/ undertaking, of which the workers are members of the union.

OBLIGATONS OF REGISTERED TRADE UNION.

A person is disqualified to be a member of the executive or any other office- bearer of registered trade union if he has not attained the age of 18 years, or if he has been convicted of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.

Send to the Registrar on or before the prescribed date an annual statement of receipts and assets and liabilities of the union audited in the prescribed manner as on 31st December, together with the statement showing changes in the office bearers and rules of the union made during the year.

BIBLIOGRAPHY

• pblabour.gov.in/pdf/acts_rules/trade_unions_act_1926.pdf

• business.gov.in › Legal Aspects › Industrial Acts and Legislations

• www.advocatekhoj.com/.../tradeunion/index.php?...Trade%20Union%2010

• www.ilo.org/dyn/natlex/docs/WEBTEXT/32075/.../E26IND01.html

• abour.nic.in/upload/.../The_trade_unions_(amendment)act_2001.pdf

• nfirindia.org/downloads/TRADEUNIONACT1926.PDF

• www.whatishumanresource.com/the-trade-union-act-1926

• en.wikipedia.org/wiki/Trade_Union_Act

• en.wikipedia.org/wiki/Trade_Disputes_and_Trade_Unions_Act_1927