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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)
5
• Can supervisory officers and managers
from a trade union?
6
The government of Maharashtra by notification dated 13-12-2001 has revised the
fees payable under the Bombay Trade Union Regulation 1927 as under-
SR DESCRIPTION FEES
No. Rs.
1 (a) Registration of a Trade union with a membership of 1000 or 600
over
(b) Registration of trade union with a membership of less than
1000
7
• Is registration of trade union compulsory?
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. 8
• 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?
(b) It has power to acquire and hold both movable and immovable property
and to enter into contracts.
(d) Its office bearer or member cannot be prosecuted for criminal conspiracy
for following its legitimate objects
(e) No legal proceeding can be filed in any civil court against it in respect of
any act in furtherance of a trade dispute even if such act (i) induces some
other person to break a contracts of employment or (ii) is in interference
with the trade business or employment of some other person or (iii) is in
interference with right of some other person to dispose of his capital or his
labour as he wills.
(f) Any agreement between its members is not void or voidable even if its
object are in restraint of trade 10
• Can a trade union represent a workmen engaged
or employed in an industry with which the trade
union is not connected?
d) The trade union has willfully contravened any provision of the Act
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.
13
• Does the registrar of trade unions possess the
power to revoke or withdraw an order of
registration of a trade union?
15
• Can any person be chosen as an office bearer of a
registered 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.”
16
• Can the recognition of a trade union be withdrawn
without giving to the union opportunity of being heard
in the matter?
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.
17
• Does the registrar of trade union under section 28
possess the power to decide any dispute between
rival office bearers of a trade union?
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.
The registration of a trade union does not confer any right on the said union
to be automatically recognized by the employer
19
• Is it permissible for any two or more registered Trade
Unions to amalgamate?
It is permissible for any two or more registered Trade Unions to become
amalgamated together as one Trade Union. This can be done after the
votes of at least one half of the members of each or every such Trade Union
are recorded at least sixty per cent of the votes recorded are in favour of the
proposal the procedure concerned unions have also to follow the prescribed
under section 25
20
• What are the offences under the Act and what is
the punishment for them?
(2) If any person willfully makes a false entry in the annual Return
of registered trade union, he would be punished with fine upto
Rs. 500.