Trade Union Act 1926

By: RAVI KANT (18) RITURAJ (19) Branch: B.F.tech III Batch: 2010-14

What is Trade Union?

A trade union or labor union is an organization of workers that have joined together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members (rank and file members) and negotiates labour contracts (collective bargaining) with employers. This may include the negotiation of wages, work rules, complaint procedures, rules governing hiring, firing and promotion of workers, benefits, workplace safety and policies. The agreements negotiated by the union leaders are binding on the rank and file members and the employer and in some cases on other non-member workers.

Origin : Europe
Trade unions became popular in many countries during the Industrial Revolution.

Causes of Origin:
lack of skills in workers for suitable jobs. employment bargaining power in the employers side. workers are mistreated. low wages to workers.

Purpose: Maintaining or improving the conditions of their employment

Trade union organizations may be composed of individual workers, professionals, past workers, or the unemployed.

Activities of Trade Unions:-

Provision of benefits to members:

Early trade unions, like Friendly Societies, often provided a range of benefits to insure members against unemployment, ill health, old age and funeral expenses. The provision of professional training, legal advice and representation for members is still an important benefit of trade union membership. Collective bargaining: Where trade unions are able to operate openly and are recognized by employers, they may negotiate with employers over wages and working conditions. Industrial action: Trade unions may enforce strikes or resistance to lockouts in furtherance of particular goals. Political activity: Trade unions may promote legislation favourable to the interests of their members or workers as a whole. Example:- Labour Party in Britain

FEATURES After analyzing, following features of trade union is drawn:-

1. It is an organization formed by employees or workers.

2. It is formed on a continuous basis. It is a permanent body and not a temporary one.

3. It is formed to protect and promote all kinds of interests(economic, political and social) of all its members.
4. It includes federations of trade union also. 5. It achieve its objectives through collective action and group effort.

History of the TRADE UNION LAW in INDIA :Trade union and their activities were not considered lawful in the beginning anywhere in the world. This was so in India also. Until 1926, there was no law in India for registration and protection of trade union. In 1920, when a suit was filed against the officials of the Madras Textile Labour Union by Binny & Co., the high court of Madras, following the common law in England, granted an injunctions restraining the union officials from influencing the workmen to break their contracts with employers by striking. Obviously the leaders of the trade union found themselves liable to prosecution and imprisonment even for bonafide trade union activities. It was then they felt that some legislative protection of trade union was necessary. Mr. N.M. JOSHI, then General Secretary of All India Trade Union Congress, successfully moved a resolution in the central legislative assembly seeking introduction of some law by the govt. for protection of trade unions. The employers were so much opposed to any such legislative measures being adopted that the passing in 1926. But this act was enforced only from 1st June, 1927.

Laws Relating to Trade Union:The law relating to the registration of Trade Union and certain other matters is contained in the Trade Union Act,1926.

The Act was passed to regulate: (a) Condition governing the registration of trade union; (b) Obligation imposed upon an registration; and (c) Rights and liabilities forces on 1stJune [sec. 1(3)]

Application Of Registration:
7 or more members of a trade union may, by subscribing their name to the rules of the trade union and by otherwise completing with the provision of the Act with respect to registration, apply for its Registration[sec. 4(1)] [The principal section re-numbered as sub-section inserted by Act 48 of 1960] Where an application has been made under subsection(1) of the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union some of the applications, but not exceeding half of the total number of the persons who made the application, have ceased to be members of the Trade Union or have notice in writing to the Registrar dissociating themselves from the application].

Provisions
A Trade Union shall not bee entitled to registration under this Act, unless the executive there of is constituted in accordance with the provisions of this Act, and the rules thereof provided for following matters, namely:(a) The name of the Trade Union; (b) The whole of the object for which the Trade Union has been established (c) The whole of the purposes for which the general funds of the Trade Union shall be applicable, to which such funds are lawfully applicable under this Act;

(d) The maintenance of a list of the members of the Trade Union and adequate facilities for their inspection thereof by the [Subs. by Trade Unions (Amendment) Act No.33 of 1954] and members of the Trade Union.

Cancellation of Registration :
Certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar (a) On the application of the Trade Union to be verified in such manner as may be prescribed, or (b) If the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter, provision for which is required by Section 6 Provided that not less than two months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.

Appeal :(1)Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal: (a) Where the head office of the Trade Union is situated within the limits of Presidency-town to the High Court, or (b) Where the head office is situated in any outer area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the [appropriate Government] may appoint in this behalf for that area.

(2) The Appellate Court may dismiss the appeal, or pass an order directing the Registrar to register the Union and to issue a certificate of registration under the provisions of Section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the registrar shall comply with such order.