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MECHANISM
Trade Unions are organized body of workers that work collectively to
achieve the common objective of enhancement of conditions of
workers in any given industry. The primary function of trade unions is
viewed to safeguard the economic and legal interests of the
employees in any organization and to ensure that the norms of
fairness, equality and social justice are upheld in favour of each
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employee. From the employees' perspective, trade unions are
expected to not only protest against any violation perpetuated by the
management of the various rights of the employees but also to engage
in bargaining with the management in order to strive continually for a
better end of the deal for employees in terms of working conditions,
contractual rights, rewards and sanctions, as well as exercise of
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control over the work situations.
of the management over control in the work place and its dominating
hand in employment relations. With the growing influence of trade
unions in the power structure, politics surrounding the union has also
arisen as a practical concern. However, despite under such active
attention, union democracy seems to be escaping the framework of
the functioning of the trade unions.
The phenomena of undemocratic practices increasingly creeping into
the organizational structure of trade unions and its method of
operations were recognized and protested against by the British
workers which led to significant changes being brought in during the
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1970s. The law in Britain was amended to tackle the problems arising
from centralised government, national collective bargaining and an
increasingly high degree of office autonomy with respect to a passive
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membership in the unions. The changes were made with an objective
of developing more democratic forms of government, bargaining
without collusions for individual interests and an active member
participation in the union activities and decision making. This move
was undertaken to benefit the workers who were part of such trade
unions where the general character was such that the workers did not
possess any control over the labour market and thus, were dependent
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on the collective bargaining done by the union officials.
Consequently, the administration in such unions and the terms of
bargaining were monopolized by a small group of officials who were
appointed in the backdrop of a passive membership. Thus, it was
sought to balance the distribution of power in the internal structure of
the trade unions with introducing specific union rules and norms
Shifting the focus to the Indian industrial regime, something similar is
witnessed under the labour law governing union norms. Under the
Trade Union Act, 1926, the trade unions which seek to be registered
under the Act are required to adhere to certain thresholds of
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democratic structure. The Act mandates certain minimum procedures
to be provided for expressly in the rules adopted by the trade unions
before they are entitled to registration under the Act. Under the law,
the rules need to specify the manner in which the executive members
of the trade union are to be appointed and the procedure for their
removal. Another aspect of democracy which the law seeks to bring is
the requirement to provide the procedure to be followed for alteration
of the rules of trade unions once they are been registered and are
working bodies in order to
6
Paul Smith, ‘Change in British Trade Unions Since 1945’ (1995) 9(1) Work,
Employment & Society 137, 141. 7 ibid 137.
8 ibid 138.
9 Trade Union Act 1926,
s6.
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restraint of trade is not void or voidable. This also provides
functional aid in the effective exercise of the methods and tools of
collective bargaining. Finally, after registration of a trade union, no
other evidence is required in order to prove that the trade union is a
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trade union.
In light of this discussion, it is pertinent to examine the mode of
registration of trade unions which is provided in Sec. 4 of the Act. As
per this section, any seven or more members of a trade union can
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apply for registration of the trade union.
It is pertinent to contrast this section with the section that provides for
incorporation of corporations under the Companies Act 2013. As per
the Companies Act, the act of registration and subsequent
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incorporation brings the company into existence. However, under
the Trade Unions Act, the Act presumes the existence of the Trade
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Union prior to its incorporation. Jurisprudentially, this reflects the
idea that the nature of registration under the Trade Unions Act is one
primarily of recognition of the trade union, while the nature of
registration under the Companies Act is one of giving birth to the
company.
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landmark case of Vice Chancellor, Utkal University v. SK Ghosh the
Supreme Court upheld the proposition that inflexible rigidity imposed
by the incorporating Constitution must be strictly adhered to in a case
which was concerned with the omission to give notice to one member,
while the Rules in no uncertain terms stated that each member must
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be given notice for the resolution to be valid.
An important consideration arises when examining the nature of the
rules at the time of incorporation of a trade union. While Section 6
mandates that Rules must be framed prior to registration, registration
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of a trade union does not give these rules any statutory force. The
rules continue to be contractual in nature, and are binding upon the
members of the trade union in a contractual capacity, and not a
statutory or governing capacity. As a consequence of this, a violation
of the rules of a trade union cannot be enforced by virtue of a writ of
mandamus under Article 226 of the Constitution. The only effective
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remedy is via a suit.
The same principle was reaffirmed by the Calcutta High Court in the
case of Mohd Ibrahim v Assansol Iron and Steel Workers Union,
where the Court held that the Constitution of a union does not have
any statutory force and continues to be binding merely as a
contractual framework for regulating the relationship between the
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members of the union.
IMPORTANCE OF AN AUDIT
The importance of an audit cannot be understated. Corruption is one
of the biggest enemies of democracy. Whether this be at the Central
Government level or at the level of a trade union Both under the Rules
and the Act, the trade unions are required to undergo audits so as to
ensure that the affairs of the trade union are in proper order. This is
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especially necessary to ensure that the General Funds and Political
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Funds are being used for the right purpose.