TRADE UNION ACT, 1926

Chapter I
Preliminary Trade Union: means any combination, whether temporary, or permanent, formed primarily for the purpose of regulating the relations between workmen and employers, or between worker and worker, or bet. 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.

Chapter II Registration of Trade Union

3. Appointment of Registrars by appropriate Govt. also addl. And deputy Registrars 4. Mode of Registration: (1) Any 7 or > ..may apply for registration (provided that no. T.U of workmen shall be registered unless at least 10% or 100 of the workmen whichever is less (2001 amendment) are the members of such union on date of making the application and that not< 7shd be member of union on the dt. Appn.

Chapter II (contd)
4 (2). But if some members not exceeding 50% of those who were members at time of registration cease to be members before registration, the appn. Still remains valid. 5. Application for Registration: (1) made to the Registrar in form A accompanied by a copy of the rules of the T.U.and statement of the following particulars:

Chapter II(contd)
names, occupation and address of the members making application (b) The name of TU and the address of H.O. (c) The titles, names, ages, addresses & occupations of the office-bearers of TU 5(2) If the TU had been already in existence at the time of appn., a general statement of assets and liabilities in prescribed form to be sent.
(a)

Chapter II (contd)
6. Provisions to be contained in the rules of a TU: (a) The name of T.U. (b) Objective for which it has been established (c) Purposes for which general funds of TU shall be applicable (lawfully under this Act)

Chapter II (contd)
(d) The maintenance of a list of members & adequate facility for inspection by members & office-bearers (e) The admission of ordinary & honorary /temporary members. (ee) The payment of min. subscription not<Re.1 p.a. for rural workers, not<Rs3 p.a for other unorganised sectors, not <12 pa for other cases.

Chapter II (contd)
(f) Conditions under which benefit assured to members by rules & under which fine or forfeiture imposed. (g) The manner in which rules shd be amended or modified. (h) the manner in which office bearers elected or removed. (hh) the duration of period not > 3 yrs for which the members of executive/other office bearers shall be elected.

Chapter II (contd)
(i) The safe custody of the funds of TU and annual audit (j) The manner in which TU may be dissolved 7. Power to call for further particulars and to require alteration of name: (I) Registrar may refuse until he receives such further info. (2) If the name is Identical to other existing name or nearly resembles to deceive the public, he may ask for alteration of name and can refuse until not made.

Chapter II (contd)
8. Registration Registrar may register the TU by entering in a register (form B) 9. Certificate of Registration: is the conclusive evidence that TU is registered under the Act The certificate of registration is issued in Form C. 9A.Minimum Requirement about membership of a TU:

A registered TU shall at all times continue to have not <10% or 100, whichever less, of workmen subject to a min of 7, engaged or employed in an estt. 10. Cancellation of registration: (a) On appn. Of T.U. (to be verified) (b) If obtained earlier thro' fraud or mistake/the TU ceased to exist/ if TU contravened provisions of Act. (c) If registrar is satisfied that a Tu ceases to have requisite no. of workmen.

Chapter II (contd)
Provided that not< 2 month's previous notice in writing specifying ground for cancellation to be given by Registrar to the TU before cert. Is withdrawn/cancelled otherwise on appn of the TU - The registrar serves notice in form D 11. Appeal

Chapter II (contd)
12. Registered Office for all communication change of address to be intimated to be entered in the register by Registrar. 13. Incorporation of Registered TU: Every TU is body incorporate by the registered name & shall have perpetual succession &a common seal with power to acquire and hold both movable & immovable property & to contract shall sue and be sued.

Chapter II (contd)
14. Certain Acts not to apply to registered TU: (a) The Societies Registration Act, 1860 (b) The Cooperative Societies Act, 1952 (c) The Companies Act, 1956

Chapter III Rights & Liabilities of Registered TU

15. Objects on which general funds may be spent: (a) Payment of salaries, allowances, & expenses to office bearers (b) Expenses for the admn. Of TU including audit of a/c of general funds (c) Legal expenses on legal battles faced by U

Chapter III (contd)

(d) Conduct of trade dispute on behalf of TU or member(s) (e) The compensation of members for loss arising out of trade disputes (f) Allowances to members or their dependants on a/c of death, old age, sickness, accidents or unemployment of such member.

Chapter III (contd)

(g) Insurance policies of members against sickness, accidents or unemployment. (h) Provision of educational, social or religious benefits for members (i) The upkeep of periodical published mainly for purpose of discussing questions affecting employer and workmen (j) Contribution to any cause intended to benefit workmen in any financial year at any time should not exceed 1/4th of the combined gross income till date.

Chapter III (contd)

(k) Any other object notified by app govt. 16.Constitution of separate fund for political purposes: (1) From contributions separately levied for or made to meet fund for following objects: (2) a. the payment of exp incurred directly or indirectly by a candidate or prospective candidate for election as a member of legislature..or local bodies, before, during or after election in connection with his candidature or election.

Chapter III (contd)

b. The holding of any meeting or distribution of literature or doc.in support of prospective candidate c. The maintenance of MLA/MP or local authority d.the registration of electors of candidates for Assembly/Parliament/local body e. Holding of political meeting of any kind or distribution of political literature/doc.

Chapter III (contd)

(3) No member shall be compelled to contribute to this fund. 17. Criminal conspiracy in trade disputes: No office bearer or member of registered TU shall be liable under s/s120 B of the IPC w.r.t any agreement made bet. Members for purpose of furthering any such object of TU as specified in sec 15 unless it is to commit an offence.

Chapter III (contd)

18. Immunity from civil suit in certain cases: (1) In respect of act to further a trade dispute to which a member of the TU is party on the ground only that such act induces some other person to break contract of employment or it is interference with trade, business etc.

19. Enforceability of agreements 20 Right to inspect books of TU 21. Rights of minors to membership of TU 21 A. Disqualification of office-bearers 22. Proportion of office-bearers to be connected with the industry : in unorganized sector not < 50%; otherwise all except not > one-third or 5, whichever less (retired or retrenched is not an outsider); 23. Change of Name. 2/3 consent

24. Amalgamation of TUs: Votes of at least one half of each union to be polled and of these at least 60% should be in favour of it. 25. Notice of change of name or amalgamation 26. Effects of change of name an of amalgamation 27. Returns

Rights of Recognized Union TU (Amendment) Act, 1947 not enforced

To negotiate with employers w.r.t. matters connected with employment, nonemployment, terms of employment or the conditions of labour of all or any of its members, and the employer is under obligation to receive and send replies to letters sent by the executive and grant interview to them regarding such matters.

The Maharashtra Recognition of Trade unions & Prevention of Unfair Labour Practices Act, 1972
Any undertaking employing 50 or more on any day of preceding 12 months covered may be extended to others In order to be registered as recognised TU (i) 30% membership; (ii) must be in existence for last 6 mths (iii) must apply in prescribed for to Industrial court If another union having larger following contests Indl court will grant the latter recognition certificate.

MP IR Act, 1960

For the purpose of recognition a union shall have not less than 25% of the total no of employees employed in the industry in such local area

Criteria laid down by ILC on Recognition of Union

Union ought to have been functioning at least 1 yr after registration At least 15% of the workers shd be members of the union (members shd have paid subscription at least for 3 months in previous 6 mths) For industry recognition 25% membership in the local area Once recognized, no change for 2 yrs in position Where multi union, largest union to be recognized

Trade Union Recognition

Closed Shop/Union Shop closed to non-members of union Membership verification by Labour Dept official individually with workers Check off Secret Ballot Code of Discipline evolved in the 15th session of Indian Labour Conference held in Nainital in 1957 as presented in the following slides

Code of Discipline Criteria for Recognition of Trade Union 1. When there is > one union, a union claiming recognition must have been functioning at least for one year after registration where there is only one union this condition will not apply 2. The membership (those who have paid subscription) of union should cover at least 15% of the workers of the establishment. 3. A Union may claim to be recognised as a rep union for an industry in a local area if it has membership of at least 25% of workers in industry of that area. 4. When a union is recognized there should be no change in its position for a period of two years

Code of Discipline Criteria for Recognition of Trade Union (contd) 5. Where there are several unions in an industry/ establishment, the one with largest membership will be recognised. 6. A rep union for an industry in an area should have right to represent workers in all estts in that industry. 7. In case of trade union federations which are not affiliated to any of the central organizations of labour, the question of recognition to be dealt with separately 8. Only unions which observed the Code of Discipline would be entitled to recognition