the trade union act

8/7/2019 The TRADE Union Act

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THE TRADEUNIONS· ACT

1926

BY: SURBHI

GUPTA



c) Discipline: Trade unions not only conduct negotiations in

respect of the items with which their working conditions may be

improved but also protect the workers from the clutches of

management whenever workers become the victims of

management·s unilateral acts and disciplinary policies. This

victimization may take the form of penal transfers, suspensions,

dismissals, etc. Thus, the victimised worker may be protected by

the trade union.

d) Personnel Policies: Trade unions may fight against improper

implementation of personnel policies in respect of recruitment,

selection, promotions, transfers, training, income security etc.

e) Welfare: As stated earlier, trade unions are meant for the

welfare of workers. Trade union works as a guide, consulting

authority and cooperates in overcoming the personnel problems of workers



It extends to the whole of India.

APPLICABILITY

f) Employee-employer relation

g) Negotiating machinery: Trade union being a party for

negotiations, protects the interests of workers through collective

bargaining and works as the negotiating machinery.

h) Safeguarding organizational health and the interest of

the industry: Trade unions help in reducing the rate of

absenteeism, labour turnover and developing systematic

grievance settlement procedures leading to harmonious

industrial relations. Trade unions can thus contribute to theimprovements in level of production and productivity, discipline

and improve quality of work life.



It means any combination whether

temporary or permanent formed

primarly for the purpose of regulating the

relations between workmen andemployers for imposing restrictive

conditions on the conduct of any trade or

business, and includes any federation of

two or more trade unions.

TRADE UNIONS



IMPORTANT

DEFINITIONS

Appropriate Government: For the trade unions

whose objects are not confined to one state, the

appropriate government will be the Central

Government, for others it·ll be the State

Government.

Trade dispute: It 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 conditions of labour, of any

person.

Workmen: Means all persons employed in trade or

industry whether or not in the employment of the

employer with whom the trade dispute arises.



MODE OF REGISTRATION

Any seven or more members of a trade union mayapply for registration of a trade union in Form - A to

the Registrar appointed for the area. The application

shall be accompanied by Schedule I, Schedule II and

a byelaw and a resolution authorising seven

ordinary members of the union to make an

application for registration of the union, and a

treasury chalan of Rs.100/- remitted as registration

fee.



REGISTRATION CERTIFICATE:

On receipt of the application for registration, the

Registrar, after making reasonable enquiry issue aRegistration Certificate in Form - B

CANCELLATION OF

REGISTRATION A certificate of Registration may be withdrawn or

cancelled by the Registrar:

1. On an application of a Trade Union in Form-D,

2. If the Registrar is satisfied that the certificate is

obtained by fraud of mistake or that the trade

union had ceased to exist or willfully and after

notice from the Registrar contravent any

provisions of the A ct or rules etc.



CHANGE OF NAME : Any registered trade union may with the consent of not

less that 2/3 of its total members may make application in

Form-H, for the change of its name.

APPEAL : Any person aggrieved by any order of the Registrar mayapeal within two months to the Civil Court not inferior to

the court of an Additional or Assistant Principal Civil

Court.

The Appellate Court may dismiss the appeal, or pass an

order directing the Registrar to register the Union and toissue a certificate of registration or setting aside the

order for withdrawal or cancellation of the certificate, as

the case may be, and the registrar shall comply with

such order.



AMALGAMATION OF

TRADE UNIONS: Any two or more registered Trade Unions may

become amalgamated together as one Trade

Union provided that the votes of at least one-half

of the members of each such Trade Union isrecorded, and that at least sixty percent of the

votes recorded are in favour of the proposal.



DISSOLUTION:

When a registered Trade Union is dissolved,

notice for the dissolution signed by seven

members and by the Secretary of the Trade

Union shall, within fourteen days of the

dissolution, be sent to the Registrar.

Where the dissolution of a registered Trade

Union has been registered and the rules of the

Trade Union do not provide for the

distribution and funds, the Registrar shall

divide the funds amongst the member in such

manner as may be prescribed.



PENALTIES:Offences punishable for thefailure to submit returnsmay extend to Rs.5/- and inthe case of continuingdefault with an additional

fine which may extend toRs.5/- for each week andshall not exceed Rs.50.00.

Any person who wilfully makes, or causes to

be made any false entry or any omission from

the general statement required by Section 28

etc. shall be punishable which may extend to

Rs.500/-. Registered trade unions, furnishing

false informations, shall be punishable with

fine which may extend to Rs.200/-



WHO CAN FILE

PROSECUTIONS:1. Registrar

2. Persons with the previous sanction of the

Registrar.

3. Aggrieved person under Section 32.

The complaint shall be filed within six months

of the date on which the offence is alleged to

have been committed.

No court inferior to that of a Presidency

Magistrate or a Magistrate of First Class shall

try any offence under the A ct.



AUTHORITIES

UNDER THE ACT:1. Registrar of Trade Unions (under Section -

3) Labour Commissioner

2. Additional Registrar of Trade Unions

Additional Labour Commissioner (IR & E)

3. Deputy Registrar of Trade Unions

Joint Labour Commissioner (P)

the trade union act

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