Trade Union Act

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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.

b)“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...
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