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• After world war I, in 1919, large number of strong trade unions were
formed by Annie Besant in Madras and Mahatma Gandhi in Ahmedabad.
After 1924, all major All India Left-wing Trade Unions were formed for class
struggle.
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TRADE UNION NOTES – BY CHANDAK SIR
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TRADE UNION NOTES – BY CHANDAK SIR
• The Trade Unions Act 1926, is one of the old enactments in the field of
Labour Laws but it is a conservative piece of legislation in as much as it as
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TRADE UNION NOTES – BY CHANDAK SIR
it deals only with the registration of the trade unions and legal status of
registered trade unions.The constitution of India confers on all citizens a
fundamental right to from associations or unions.
The limited objective of this Act provide for the registration of the trade unions
and to confer on registered trade unions certain protection and privileges.
As ordinarily understood the trade union means a combination formed for the
purpose of regulating the relations between workmen and employers. The
definition of trade union given in The Trade Unions Act 1926, however includes 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.
(a) At least seven members of the trade union have to make an application in
the prescribed form and accompanied by the prescribed fee to the
Registered for Trade unions for the registration of the trade union the
application must be accompanied by a copy of the rules of the trade union
and should give particulars about its name and addresses its members
and officers.
(b) The Registrar if he is satisfied that the trade union has complied with all
the requirements of the Act will register the trade union and issue a
certificate of registration to it
When there is an exiting Trade Union registered under the name of all
India Trade union congress (AITUC) can the registrar grant registration
to a new Trade Union under the name of AITUC hawkers Union?
Section 7(2) of the Trade Union Act 1926 reads as under if the name under which
a trade union proposed to be registered is identical with that by which any other
existing trade union has been registered or in the opinion of the registrar so
nearly resemble such name as to be likely to deceive the public or the members
of either trade union the registrar shall require the person applying for
registration to alter the name of the trade union stated in the application and
shall refuse to register the union until such alteration has been made considering
section 7 of the Act It will not be possible for the registrar to register any other
union under the name of AITUC hawkers union which is similar or deceptively
similar to the name of All India Trade Union Congress (AITUC).
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TRADE UNION NOTES – BY CHANDAK SIR
S DESCRIPTION FEES
R
N Rs.
o.
4 25
The Trade Union Act 1926 does not make registration of trade registration of a
trade union compulsory. But it is advisable to get a trade union registered under
the Act because the Act confers many rights on a registered trade union.
Section 9-A required that registered trade union shall at all time continue to have
not less than ten per cent or one hundred of the workmen whichever is less
subject to a minimum seven engaged or employed in an establishment or
industry with which it is connected as its members.
Can a trade union registered under the trade union Act 1926 be
registered again under the Societies Registration Act 1860 the Co-
operative Societies Act 1912 or the companies Act 1956?
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TRADE UNION NOTES – BY CHANDAK SIR
A trade union which is already registered under the trade union Act 1926 cannot
be registered again under the societies registration Act 1860 the Co-operative
societies Act 1912 or the companies Act 1956 and the registration of any such
trade union under any of the said Act will be void.
The registration of such union initially granted by a mistake can be made invalid
and therefore cancelled.
2. It has power to acquire and hold both movable and immovable property
and to enter into contracts.
9. Any agreement between its members is not void or voidable even if its
object are in restraint of trade
Is the immunity from civil suit in respect of acts of a trade union its
office bearer and members available under section 18 of the Act
absolute?
The immunity from civil suit will not be available in respect of acts which are
unlawful tortuous or violent and which fall out umbrella of protection of section
18 of the Act.
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TRADE UNION NOTES – BY CHANDAK SIR
b) The registrar is satisfied that the certificate has been obtained by fraud or
mistake
d) The trade union has willfully contravened any provision of the Act
What is the procedure the registrar has to follow before the certificate
of registration of trade union is withdrawn or cancelled?
The registrar has to give to the trade union not less than two months previous
notice in specifying the ground on which it is proposed to withdraw or cancel the
certificate.
What is the scope of the power of the registrar of trade union with
regard to cancellation of the registration of trade union?
The registrar can invoke the power of cancellation of registration of a trade union
only if there is sufficient material before him to establish that the trade union
concerned has committed willful contravention of any provision of the Act in
other words unless the international violation of any provision of the Act is
established the registrar cannot invoke the said power.
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TRADE UNION NOTES – BY CHANDAK SIR
Every office bearer or member of a registered trade union has a right to inspect
the books of accounts and also the list of members of the trade union at such
times as may be provided for the rules of the trade union.
The act providers that the number of outsiders shall not be “ore than one-third of
total number of office bearers or five, whichever is less.”
Does the registrar of trade unions, under sections 8 and 28 possess the
power to hold any quasi-judicial enquiry?
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TRADE UNION NOTES – BY CHANDAK SIR
The registrar of trade unions under sections 8 and 28 can hold only an
administrative enquiry he has no power under those sections to hold any quasi-
judicial enquiry by allowing parties to examine witnesses and allowing such
witnesses to be cross-examined.
Does the registrar of trade union under section 28 possess the power to
decide any dispute between rival office bearers of a trade union?
It is permissible for a registered trade union to constitute a separate fund for the
promotion of the civil and political interest of its member contribution to the fund
will be optional and no member will be compelled to contribute to the fund
consequently a member who does not contribute to the fund shall not be
deprived of any benefits of the trade union.
A registered trade union can change its name with the consent of not less than
two thirds of the number of its member and after following the procedure
prescribed under section 25 of the Act.
The trade union the office bearers and the member are insulated against a suit
or other legal proceeding linked with the strike of the workers the trade union Act
through Section 18, unfolds un umbrella of protection to them.
Does the registration of a trade union confer any right on the said union
to be recognised by the employer?
The registration of a trade union does not confer any right on the said union to
be automatically recognized by the employer
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TRADE UNION NOTES – BY CHANDAK SIR
What are the offences under the Act and what is the punishment for
them?
1. If any office bearer of registered trade union makes a default in giving any
notice or sending any statement as required by the Act, he would be
punished with fine upto Rs. 5.
3. If any person, with intent to deceive, gives an incorrect copy of the rules of
registered trade union to a member or person intending to become a
member of the trade union, he would be punished with fine upto Rs. 200.
Every registered Trade Union is required to maintain the following books and
registers
After the liberalization process in the economic system which started in 1990s,
there has been change in the trade unionism too. Such changes are of the
following types and are expected to proceed in the same direction in near future.
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TRADE UNION NOTES – BY CHANDAK SIR
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TRADE UNION NOTES – BY CHANDAK SIR
The employees value the outcomes for joining or not joining a union and relate
the valuation to their level of satisfaction. In fact, when an individual joins any
organization for his career he does not have in his mind that he would join an
union. He is more interested in his career. This tendency is gaining ground
throughout the world and India is not lagging a behind. The major actions which
an organization can undertake to make itself union free are as follows:
4. Open communication
5. Appropriate remuneration
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TRADE UNION NOTES – BY CHANDAK SIR
The position of trade unionism in India is not very sound. In fact, the trade union
movement is wanting in many respects. This is because of the fact that the
Indian trade union of today suffer from many problems. A brief account of these
problems is given below:
Uneven Growth
Low Membership
The number of trade unions in India has increased considerably. But this has
been followed by the declining membership per union. Moreover, the rivalry
among the leaders of trade unions has resulted in multiplicity of unions, thereby
reducing the average size of membership per union.
Outside Leadership
Multiplicity of Union
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TRADE UNION NOTES – BY CHANDAK SIR
Intra-Union Rivalry
The existence of multiple unions leads to problem of union rivalry. Unions try to
play down each other in a bid to gain greater influence among workers. In the
process, they do more harm than good to the cause of unionism as a whole.
Employers are given an opportunity to play union against each other. They can
refuse to bargain on the contention that there is no true representative union.
Besides this, the workers own solidarity is lost. Employers are able to take
advantage of infighting between workers groups. Solution to this problem can be
found in secret ballot vote. After some stipulated time period, the workers
should go to polls to elect their representative union for that duration. This would
reduce both multiplicity of union and inter-union rivalry.
Majority of unions do not have whole time paid office-bearers. Many union
activists work on honorary basis. They devote only limited time and energy to
trade union activities. The domination of political leaders is also due to the
absence of full time union workers. The union office bearers are also not trained
properly. They lack the knowledge of basic principles and practices of trade
unionism.
The financial position of the trade union is generally weak because their average
yearly income is low and inadequate . The subscription vary from union to union
and are quite low in most of the unions. Under conditions of multiplicity of unions
interested in increasing their membership. keep the subscription rate unduly low.
As a result, the funds with the unions are inadequate and they cannot undertake
welfare programmes for their members. In such a situation, the subscription
rates may be raised. It is argued that the financial condition of Indian workers is
not too good to afford the increased rates. This, however, is only a myth. Over
the years the average income of the workers has been on an increase.It is wrong
to plead that they cannot afford higher subscription rates for union membership.
Another important reason for the weak financial position of union is that large
amounts of subscription dues remain unpaid. The names of constant defaulters
continue to appear on the membership registers of most of union. They are
neither expelled nor cease to be members. Rules for expulsion of defauting
members are seldom invoked. Besides this,unions do not have proper staff and
organization to collect subscription. A solution to the problem of collection
subscription on regular basis can be found in the check off system. Under this
system, the subscription is deducted at the time of making wages payment by
the employer. The amount is later on handed over union of which the worker is a
member.
Lack of Interest
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TRADE UNION NOTES – BY CHANDAK SIR
In order to make the trade union movement succeed, the members of trade
unions should take keen interest in the union affairs. They should understand
what unionism is all about and what demands it makes on individual members.
They must feel the need to give the movement necessary support for a common
cause. The attendance at the general meeting of the unions is very low. Under
such circumstances, trade unionism cannot be expected to make much progress.
This gives rise to another problem that unions ceases to function democratically.
They are run by a few interested persons who at time have their own axe to
grind. This problem can be removed by educating workers of their rights and
duties and developing in them a sense of responsibility.
Many unions in India undertake only limited welfare activities. They only fight
with the employer for more wages and other benefits.
The trade unions frequently resort to strikes and demonstration . They give
limited attention to peaceful methods for the settlement of demands and
disputes. The general public is affected due to strikes, go slow and other
practices of unions. As a result, public support or sympathy is not available to the
unions.
Multiplicity of unions in the same plant leads to inter- unions rivalry which
ultimately cuts at root of the trade union movement. It weakens the power for
collective bargaining, and reduces the effectiveness of workers in securing their
legitimates rights. Therefore, there should be only one unions is one industry.
The linking of unions with political parties is highly dangerous for the healthy
growth of trade unionism in India . It diverts the attention of unions from the
problem of working class. The unions must realize the utter uselessness of party
politics in trade unionism.
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TRADE UNION NOTES – BY CHANDAK SIR
It is desirable to switch over to working class leadership from out side leadership.
Leadership should be developed from within the rank and file of the workers. This
will help movement to gain strength in regard to trade union leadership. The
National Commission on Labour (NCL) recommended that:
(2) steps should be taken to promote internal leadership and given it more
responsible role
(3) permissible limit of outsiders in the executive of the union should be reduce
to 25 per cent of executive members
Generally, the trade unions avail the services of the honorary workers due to
paucity of funds this practice. In large union set up, it is better to have services
of outsiders with relevant experience.
6. Financial Stability
Most of the trade unions in India are financially weak. This creates various
difficulties before the unions and restricts their activities. The financial problems
of the unions can be solved by raising the membership, and collecting more
contributions from all members
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