TRADE UNIONS

• Bair Acts
• Trade Unions Act 1926.

By Ravi Chandra
What is the difference between Act
and Law ?
 Law is a generic term  Acts are a type of
that refers to all rules Laws that pertain to
and regulations passed specific situations
by the parliament and and circumstances.
are meant to guide They are passed by the
the conduct of government, to let
people. Laws also help people know the
in the protection of rules and
the citizens and also regulations about
in maintaining specific situations.
public order  (Act – Set of laws)
Why the Trade Unions Exist ?
 Unions are usually formed for the purpose of
securing improvement in pay, benefits, working
conditions or social and political status through
collective bargaining and working conditions by the
increased bargaining power wielded by the banding of
the workers.
 To achieve their objectives which can’t be fulfilled (or)
achieved individually. So, they group together and
form unions.
 Trade Union
Definitions:

 Australian Bureau of Statistics states that a trade

union is “ An organization consisting predominantly of
employees, the principal activities of which include
the negotiation of rates of pay and conditions of
employment for its members.”
 Acc. To G.D.H. Cole trade union means “ An
association of workers in one or more professions-
An association carried on mainly for the purpose of
protecting and advancing the members economic
interests in connection with daily work.”
Features of Trade Unions
 Achieving higher wages and better working and living
conditions for the members.
 Protecting the members against victimization and
injustice of the employers.
 To protect the right of to be consulted on all the
matters affecting the workers interest.
 Acquiring the control of industry by workers.
 Instilling in their members a sense of responsibility
towards the industry and the community.
Functions of Trade Unions
Acc. to National Commission on Labour
some functions are..
 To secure for workers fair wages, Tenure and improve
condition of service.
 To enlarge opportunities for promotion and training.
 To provide educational, cultural facilities.
 To promote the individual and collective welfare.
 To cooperate in and facilitate technological advance
by broadening the understanding of workers on its
underlying issues.
 Bare Act
 It means the exact text of law passed by the
legislature (central or state).
 In this we have
1. Companies Act, 1956; 2013.
2. Contract Labor (Regulation and Abolition) Act, 1970.
3. Factories Act, 1948.
4. Indian Contract Act, 1872.
5. Industrial (Development and Regulation) Act,1951.
6. Industrial Employment Act,1946.
7. Oil Industry (Development) Act,1974.
8. Petroleum and Natural Gas Regulatory Board Act, 2006.
9. Trade Union Act, 1926. etc…
 Trade Union Act, 1926
 It came into force from 1st June 1927.
 Definition:
Acc. to Indian Trade Union Act,1926
“ 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 ”.
Definitions under Trade Union Act, 1926
 “Executive" means the body, by whatever name called, to which
the management of the affairs of a Trade Union is entrusted;
 “Officer" in the case of a Trade Union includes any member of
the executive thereof; but does not include an auditor;
 “Prescribed" means prescribed by regulations made under this
Act;
 “Registered office” means that office of a Trade Union which is
registered under this Act as the head office thereof;
 “Registered Trade Union" means a Trade Union registered
under this Act;
 "Registrar" means a Registrar or Trade Unions appointed by
the {Subs.by the A.O.1937, for "L.G."} [appropriate Government]
under section 3, and "the Registrar", in relation to any Trade
Union, means the Registrar appointed for the State in which the
head or registered office, as the case may be, of the Trade Union
is situated ;
Contd..
 “Trade dispute" 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.
 This Act shall not affect the following conditions:
1. Any agreement between partners as to their own business;
2. Any agreement between an employer and those employed
by him as to such employment; or
3. Any agreement in consideration of the sale of the goodwill
of a business or of instruction in any profession, trade or
handicraft.
Key Points in Trade Union Act,1926
 Registration:
The application for registration should be in the prescribed
form and accompanied by the prescribed fee, a copy of the
rules of the union signed by at least 7 members, and a
statement containing the names, addresses and occupations
of the members making the application, the name of the
trade union and the addresses of its head office, and the
titles, names, ages, addresses and occupations of its office
bearers.
 Legal status of a Registered Trade Union:
A registered trade union is a body corporate with perpetual
succession and a common seal. It can acquire, hold sell or
transfer any movable or immovable property and can be a
party to contracts.
Key Points in Trade Union Act,1926
 Appointment of Office Bearers:
to be appointed as an office bearer or executive of a registered
trade union, a person must have attained the age of 18 years and
not been convicted of any affiance involving moral turpitude and
sentenced to imprisonment, or a period of at least 5 years has
elapsed since his release.
 Change the Name and Registered Address
 Dissolution of Trade Union :
A notice of dissolution signed by any seven members and the
secretary of the union should be sent to the registrar within 14
days of the dissolution.
Key Points in Trade Union Act,1926
 Amalgamation of Trade Union:
Any registered trade union may amalgamate with any other
union(s), provided that at least 50% of the members of each such
union record their votes and at least 60% of the votes so recorded
are in favor of amalgamation.

 Obligations of Registered Trade Unions:

The general funds of a registered trade union should be spent only
for the objects specified such as, payment of salaries, allowances and
expenses of its office bearers, its administrative and audit expenses,
prosecution or defence if any legal proceeding for securing or
protecting its rights, conduct of trade disputes, compensation for
loss arising out of trade disputes, compensation for loss arising out
of trade disputes, provision of educational, social or religious
benefits and allowances on account of death, old age, sickness,
accident or unemployment to its members, publication of labour
journals etc.
Trade Union Act, 1926
Central Trade Union Organizations in
India
 AICCTU - All India Central Council of Trade Unions
 AITUC - All India Trade Union Congress
 AIUTUC - All India United Trade Union Centre
 BMS - Bharatiya Mazdoor Sangh (largest)
 CITU - Centre of Indian Trade Unions
 HMS - Hind Mazdoor Sabha
 INTUC - Indian National Trade Union Congress
 LPF - Labour Progressive Federation
 NFITU - National Front of Indian Trade Unions
 SEWA - Self Employed Women's Association
 TUCC - Trade Union Coordination Centre
 UTUC - United Trade Union Congress
Thank You