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Trade Union Act, 1926

Trade Union Act, 1926

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Published by: djsourav on Mar 01, 2011
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02/06/2013

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INDUSTRIAL LAW_____________________________________________________________________________
Trade Union Act, 1926
By: Milind Gandhi
INTRODUCTION
TRADE UNION ACT, 1926 is one of the earliest actsrelating to labour. It makes provision about the registrationof trade unions. Until the trade unions act, 1926 was enactedthe workers did not the importance of being an organizedforce. As there was no collective action, workers were madeat the mercy of the employers and had to be contended withthe wages. Which each one of them was getting separately,depending  upon the  negations  with  the  employer. Thenecessity of this act was that the employers were exploitingthe workers and the workers did not have any power, as theywere not united. To give the workers their right & power thegovernment came out with act. This act extends to thewhole of India. This act has been amended in September2001. The
registration of trade union
is not compulsoryunder the trade unions act, however, only a registered tradeunion can have the protections granted under the act.The laws relating to the registration of trade union iscontained in the trade unions act, 1926. This act covers thefollowing:
Conditions governing the registration of trade unions.
Obligations imposed upon a registered trade union.
Rights and liabilities of registered trade union.
DEFINITIONS UNDER THE ACT
TRADE UNION:Trade  union  means  any  combination  whetherpermanent or temporary formed primarily for the purpose of regulating the relations between –1. Workmen or employees; or2. Workmen and workmen; or
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INDUSTRIAL LAW_____________________________________________________________________________
3. Employers and employers; or4. For imposing restrictive conditions on the conductof any trade or business.Trade union includes any federation of two or moretrade unions.The provision for this does not apply to:1. Any agreement between partners as to their ownbusiness.2. Any agreement between an employer and thoseemployed by him as to such employment; or3. Any agreement in consideration of the sale of thegoodwill of a business or of instruction in any profession,trade or handicraft
TRADE DISPUTE:Trade dispute means any dispute between –1. Employers and workmen; or2. Workmen and workmen; or3. Employers and employer;Which is connected with ----1. The employment or non-employment, or2. The terms of employment,3. The conditions of labour of any person.The definition of “Trade Dispute” is similar to thedefinition of industrial dispute in the Industrial Disputes act.WORKMEN:The second part of the definition of the trade disputedefines  workmen.  According  to  it  workmen  means  “Allpersons employed in trade or industry whether or not in theemployment with whom the trade dispute arises.”The  above  definition  of  trade  union  contains  thefollowing requirements:1. There should be real or substantial dispute ordifferences;2. The dispute or difference must be between-a. Employers and workmen or
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INDUSTRIAL LAW_____________________________________________________________________________
b. Between workmen and workmen orc. Between employers and employers
3.
The dispute or difference must be connected with-a. Employment or non-employment orb. Terms of employment orc. With the conditions of labour of any person.The terms and industry has not been defined in this act.Therefore, if an establishment or an activity falls within themeaning of the word industry the workmen employed in atrade or industry will have a right to form a trade union andget it registered under trade unions act, 1926. The definitionof workmen also includes in it a dismissed, discharged,removed or retrenched worker.
THE TRADE UNION ACT AND THE FACTORY 
APPLICABILITY OF THE TRADE UNION ACT ON THEFACTORY:As discussed earlier Trade Union Act, 1926 is applicableto the Trade Unions in the factory or any other establishmentwho have registered themselves under the Trade Union Act,1926. As per the law, if an establishment or activity fallswithin the meaning of the word Industry, the workmenemployed in a Trade or Industry has right to form a TradeUnion and get it register under the Trade Union Act,1926.Registration of the union under the Act is not compulsory.However it has certain benefits which would be discussedfurther. The factory visited falls under the meaning of theterm industry as well as the Trade Union in the factory hasregistered themselves under the Trade Union Act,1926.Hence all the rules and regulations as well as the lawsrelated to the Trade Union are to be followed by the factoryworkmen and employers.
REGISTRATION OF THE TRADE UNION:
_______________________________________________________________________ 

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