20-12-2012, 11:53 AM
Trade Unions Act 1926
Trade Unions Act.pptx (Size: 123.13 KB / Downloads: 34)
INTRODUCTION
Beside the Bombay Industrial Relations Act, 1946, and the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Trade Unions Act, 1926 is the only legal framework for the trade unions by conceding to workmen their right of association and organising unions.
Registration under s.4
Under the Act Registration of unions is optional and not compulsory. The National Commission on Labour (1969) recommended compulsory recognition of trade unions, but this recommendation is still under the consideration of the Government.
However, the (1982) amendment of the Industrial Disputes Act, 1947, makes registration compulsory virtually by defining the term "Trade Union", for the purposes of this Act, as a Union registered under the Trade Unions Act, 1926.
This gives Unions certain rights and immunities which unregistered Trade Unions do not enjoy. Therefore, workers tend to be members of registered trade unions.
Besides specifying the procedure for registration of union, this Act lays down the guidelines for the day to day working of the registered unions. It also defines their rights and obligations, important of which are as follows:
Collective bargaining gave fillip to passing of the Trade Union Act, 1926.
SCOPE AND COVERAGE
The expression "Trade Union" under the Act includes both employers and workers organizations Employers organisations also can be registered as trade unions. The intention is to place both on par in matters of rights and responsibilities. It is primarily the objective of an association or combination which determines whether it is a trade union or not.
The federation of two or more trade unions mentioned in the definition can be seen in shape of Industrial Federations of Trade Unions
Registration
Any 7 or more members of a TU may by subscribing their names to the rules of the TU and by complying with the rules of the Act wrt registration apply for registration
No registration unless at least 10% or 100 of the workmen ( whichever is less)engaged or employed in the establishment or industry with which it is connected are the members of such trade unions on the date of making such application for the registration, but cannot be less than 7.
The application shall be accompanied by Schedule I, Schedule II and a byelaw and a resolution authorising seven ordinary members of the union to make an application for registration of the union, and a treasury chalan of Rs.100/- remitted as registration fee.
The following details have to be provided along with the Application
(a) the names, occupations and addresses of the members making the application;
(b) the name of the trade union and the address of its head office; and
©. the titles, names, ages addresses and occupations of the office bearers of the trade union;
If the union has been in existence for more than a year before applying for registration, the Registrar should also be supplied a statement in the prescribed form showing the assets and liabilities of the union.
The registrar may not register it unless Executive is constituted as per the Act ( not more than 50% can be outsiders) and its objects are clear and how its funds will be spent is clearly written.
The rules should also provide for the maintenance of a list of the membership of the union and adequate facilities for the inspection thereof by the officers and members of the union;
CANCELLATION 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. (Sec. 10, 11)
DISSOLUTION OFTRADE UNIONS
When a registered trade union is dissolved, notice of dissolution signed by seven members and by the Secretary of the trade union has to be sent to the Registrar within fourteen days of the dissolution.
The Registrar will register the notice if he is satisfied that the dissolution has been effected in accordance with the rules of the union. The dissolution will take effect from the date of such registration. The Registrar has also to divide the funds of the union among the members in a prescribed manner if the rules of the union do not provide the same. (Sec. 27)