Introduction

A Trade Union as we understand the term is a ,

continuous association of purpose of maintaining

wage earners for the or improving the

conditions of their working lives.

A Trade Union is a Continuing organization of

employees

established

for

the

purpose

of

protecting or improving through collective action,

the economic and social status of its members.

A Trade Union means an association of workers in one or

more professions carried on mainly for the purpose of

protecting and advancing the members economic interest in connection with their daily work.
Because of receiving the views of the local governments,

the government of India drew up a bill which was

introduced in the Legislative Assembly on 31st august 1925.

The bill was passed the next year as the Indian Trade Union

Act, 1926.

Appointment of Registrar
The Appropriate Government is required to appoint

a person to be the Registrar of Trade union.

It may also appoint Additional and Deputy Registrars

of trade Unions for the purpose of exercising and discharging under the Superintendence of the registrar, such powers & functions of the registrar as

may be specified by, order, and define the local limits

within which they are to operate.

Those Trade Unions, whose objectives are

not confined to a single state in this respect

the Appropriate government is Central

government and in all other cases there will be State government.

Registration of Trade Union

Any seven or more members of a Trade Union, by

subscribing their names to the rules of Trade Union or otherwise complying with the provisions of the act, may apply for its registration.
No Trade Union of workmen will be registered until 10% or

100 of the workmen, whichever is less, engaged or employed in the establishment of industry, with which it is

connected are the members of such a Trade Union on the

date of making the application for registration.

 However, the Trade Union will not be registered, if in

Trade Union , less tan seven members are not there on the date of making registration.
Where an application has been made, it will not be invalid

merely by the reason, at any time after the application, but before the registration of Trade Union some of the applicants not exceeding half of the total number of persons making the application, have ceased to be the

members of Trade Union or have given notice in writing to

the registrar dissociating themselves from the application.

Application of Registration
Every Application for Registration is to be accompanied by a copy of the rules of the Trade Union and a statement of the following

particulars: 1. The Names, occupations and addresses of the members making the application. 2. In the case of trade Union of workmen, the names, occupation, and addresses of the place of work of members making the application. 3. The name of the Trade Union and the address of its head office. 4. The titles, names, ages, addresses and occupation of the office bearers of Trade Union.

If the Trade Union has been in existence of

more than one year, before making the

application, a general statement of the

assets and liabilities of Trade Union has also

to be submitted along with the application.

Cancellation of Registration
The Registrar can withdraw or cancel registration if it has

been obtained by fraud or mistake, or the Trade Union has ceased to exist, or it has contravened any provision of the act, or
Has deleted any rule providing any matter required under

this act.

 The Trade Union concerned has, however, to be given two

months previous notice specifying the reasons for withdrawal or cancellation of registration.
The Union can appeal in a civil court against the order of

the

registrar

either

for

refusing

registration

or

withdrawing or cancelling registration certificate.

Appeal
The act confers right of Appeal on persons

aggrieved against an order of the registrar:

1) Refusing to register a Trade Union; or 2) Withdrawing

the

certificate

issued

after

registration; or
3) Cancelling the certificate of registration.

A. Appellate forum
B. Powers of the Appellate court C. Procedure to be adopted by the Appellate court D.Second Appeal

E. Time for making an Appeal

A. Appellate Forum
The Appeal may be filed: a) Where the head office of the Trade Union is situated

within the limits of a Presidency town to the High Court;

b) Where the head office is situated in an area, falling within

the jurisdiction of a Labour court or an Industrial Tribunal, to that court or Tribunal, as the case may be; or
c) Where the head office is situated in any other area to such

court, not inferior to the court of an additional or

Assistant Judge of a principal civil court of original jurisdiction.

B. Powers of the Appellate Court

The Appellate Court may either: i.

Dismiss the Appeal, or

ii. Pass an order directing the registrar to register Trade

Unions and to issue a certificate of Registration under section 9, or

iii. Set aside the order for withdrawal or cancellation of the

certificate as the case may be.

C. Procedure to be adopted by the Appellate Court

The Appellate court shall as far as practicable follow

the same procedure and have the same powers in respect of the Appeal as vested in the Civil Court while

trying a suit under the code of Civil Procedure.

Further, it may also determine by whom the whole or

any part of the Costs of Appeal shall be recovered.

D. Second Appeal
The act also confers a Right of second Appeal on

persons whose Appeals under Section 11 (1) (b) have been dismissed.
Such an Appeal shall be filed in the High Court, and

the High Court for the purposes of such an Appeal

have all the powers of the Appellate Court.
However, no second Appeal shall lie where the High

Court hears an Appeal under section 11 (1) (a).

Rights and Privileges of Trade Union

Every Registered Trade Union is a body corporate by the

name under which it is registered, and has perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and by the same name sue or be sued. [Sec. 13]
a) Immunity from Criminal Conspiracy b) Immunity from certain Civil Liabilities c) Right to Inspect Book of Trade Union d) Rights of Minors to Membership of Trade Union

Duties and Liabilities

a) Objects on which the General Funds may be spent:

The act limits and specifies the Objects on which general

funds of registered trade Union may be spent. These are as

follows:
1)

Payment of salaries, allowances, and Expenses to office-Bearers of the Trade Union;

2) Payment of Expenses for the administration of the Trade

Union, including audit of the accounts of the general funds;

3) The compensation of members for loss arising out of Trade

disputes, etc..

b. Separate Funds for Political Purposes:

The Political fund may be spent in furtherance of any of the following Civil and political objects:

1.

The holding of political meetings or the distribution of

political literature or political documents.

2. The registration of electors or the selection of a candidate for

any legislative body constituted under the constitution or for any local authority;
3.

The maintenance of any person who is a member of any legislative body constituted under the constitution or for any local authority, etc..

Amalgamations of Trade Union

Any two or more registered Trade Unions may become

amalgamated together as one Trade Union with or without

dissolution or division of funds.

This can be done only if, 1)

50% of the members of each and every Trade Union Entitled to

vote record their votes,

2)

Notice in writing in Amalgamation signed by seven members and the secretary of each and every registered trade Union (which is party to Amalgamation) accompanied by such statement as may be prescribed, is sent to the Registrar of trade Union

Dissolution of a registered Trade Union

In case of Dissolution of a registers trade union, a notice signed by seven members has to be sent to the Registrar of Trade unions within fourteen days of the dissolution.

If the registrar is satisfied that dissolution has been made in an accordance with the rules of the trade union, he is requires to register the dissolution.