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DEFINITIONS UNDER TRADE UNIONS ACT 1926

Section 2 – Appropriate Govt. – w.r.t. to TU – objects not confined within one


state then Central Govt.

w.r.t. to TU – Objects confined within one state then State Govt.

FOCUS : ACTIVITIES & OBJECTS to determine jurisdiction.

Definition of Trade Dispute:

2(g) - 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 dispute arises.

Analysis of Definition:

 Divided into three parts.


 PART-I : DISPUTE – real disp. Capable of settlement – relief by
one party to another. Substantial / bearing on
relation.

 PART-II : PARTIES TO DISPUTE –
1. B/w. employers & Workmen or
2. b/w. workmen & workmen or
3. b/w. employers and employers.

 PART-III : SUBJECT MATTER OF DISPUTE – Connected with-


1. Employment or Non Employment or
2. Terms of Employment or
3. Conditions of Labour of any person.

Any Person: not anyone in the world but


One whose services are dismissed, discharged or
otherwise terminated.

Why “any person” not workmen because – workmen only one


who is in service, if dismissed he is not workmen.

Western India Automobile Assn. v. I.T. 1949 – FC – reinstatement is covered


within the meaning of non employment and is within the scope of this section.
Definition of Trade Union: S.2(h)

2(h)- 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
conditions on the conduct of any trade or business, and includes any
federation of two or more Trade Unions:
Provided that this Act shall not affect -

(i) any agreement between partners as to their own business;

(ii) any agreement between an employer and those employed


by him as to such employment; or

(iii) any agreement in consideration of the sale of the good-will


of a business or of instruction in any profession, trade or
handicraft.

Analysis of Definition:

 Can be divided further into parts


 I. Combination – Temporary / Permanent.
 II. Objects of Combination –
1. Regulation of relations between
Workmen and employers, Workmen and workmen,
Employers and employers.
2. Imposing restrictive conditions on the conduct of any
business or trade.
- includes federation of two or more trade unions.
* Act shall not affect –
1. Agg b/w. partners as to their bsiness.
2. Agg b/w. employer and those employed by him as to
such employment.
3. Any agreement in consideration of the sale of goodwill
or a business or of instruction in any profession, trade
or handicraft.