TRABE UNIONI SAY Pefinition of Taade Union t Acconding. sto Fitppe, a teade unfor ae au osgarnteaction ¥ Wasckers foemed Fo psomote, prustect aud fenprove dhe Aocfal ; eeonomic aud political trterorte f HE members Aiough collective achier). Netune /Featusces of Trade Unfor t QTE os a owanisatton formed by. ewnployes os wasckesy, (hi) re ts fotmed on cominuour basis . (8) te pe Peimanent body. amd not a casual ov Sem povooy ene, WY) Te achiever ity objectives Heough collective oxtern and Feup effosets. Seether of Thade Onion ¢ G) Steady. Erplopment t Steady Employment meang a Toh whee yeu expect continuous ox seegular sok with deat inceme. (ii) Retionabisation of Pruomned folicier? The eCoonomic Auwsdty ff am ewployee is determined net only. by dhe Luvek of Wwoger f durotion sf employment but alsa by the momagemerst Policter tm sexpert of veoultrauck ; Proootions, dans pert ete at such deeistong are pores by. Akatutory. sukeg oud seotional polfater, tho ds greater atsuxance f foie Foeatwrentt aud puck Surtee, (111) Recognition and Paxtictpation: Another objective tr dot dhe waters geek do achieve tb coinntng. sercogatiton fot workers hot athe axe egual pastner with momagenjenct fr ake totk of Producto. Gy) Pande Unions works ar dhe negotiating. mackineny stheough Collective Boxgalnt WD Working Gediterd . Thade Unfon with a yleu to sofeguascl dhe Featth of Worker, demand dhe Mamagenenck — cto Provide att He baste dariititer awd bebtor wo0dng Conditiovy.Wi) 7 matnter’n faalktty, xahotiong bebo eeu employees ancl ema ployer aud to promote Indurdsiol Peoee. (Wi) Te seus wetpre of eurployess Atrouph — group schenex woftch pve benefit to Neu. employee. Functions of Trade Unions 2 oo of the Traposctant fumeblors of Feade Unfery axe foltows + ') Tnereasiy -o \ (is pan "F se : peration among UI0IK ere. GN) Cohan ee neg, Pe oes Gu) Ws, ye Contac between de workout $ Employers. Toade Union wosde © Sofeguardiny ate fet He Propuair of Emnpiopees OD) Pern Oy he Teast gf workeu. SOI STON ¢ Lab ows Welfare . Post saat (ee §& Bade unfenss (i) Safeguarding worked againet exploitation by the employ (i) Ensure featthy aud safe cuasking. Conditfeng fot the worker, CiEnsaning a deirable staudaxd of Living by provi dig Vosdiout dupes q aad Like Teablt, pouring. , educational etc. (iv) Ensuving a fel deal and Social jurttee do worker’. ©) Removing the dizsatia faction f seeclueg the dhauy - 0 ~ doy Poewemcer aud Complaints To Amprove the financlal condition f ste unto , dhe minimum cubsoripHen shout be scafsed fom AS pate fo Ri. J pew month. Nottenal Commission on labouk suggerhed The chick ofp syrteus under whieh earh wosker would Tidivtduaty auttorize dte eurployer to oledurt meuuberkhip fee fsom Ly selacy « (iT) trternak Leadership: outnide polftical Leadership hay developed due to the absence of Patesm al lead ecrkl?. outatde drodesuhio ds the moth conse fot dhe routttple problems of the dorode wiulone. “Thee pooblemg ean be sctgolved thecorgh the dunvelop meut f Araderohip tofecks frow witha, (iv) Eltmfnation of Poltttent Tnfluence 2 The pyereut Wik tuxfors sid political parties aud polittferan? if Bipey cawgenout fos tte Realthy growth sf Trade uarontin tn Tila. Te diverts de ottetton of untow from the tsvobleme of. boosckg. choy,© lack of Tralned Woskerrt The woskes fa tadlo axe uneducated £ untrafned . Backaosdness of the wosckere aud Hat. fear of victlraisation kerp them owe from uation arctttter. (i) Politteat Dominance / oubride lemdlerthip > cL fs vey Unforkmake for dhe wonkeod dhat alt cbade Gulert fy Trdfa axe belng controlled by Polttrcak Paschior Thy onder to feve theta, Pol?Heal ends Shay overstate He diamante f woke aud dy to distunh the tndusbriad Pence gf Me couudsup « (WT) differnt Attitude Gf Worker? Tn Tide, f workers Rave nob jeired Moktover, All dhe wreanbert fwtenut fy det affair. The attendance Verde Low, a Jorge nun ber Union. f trode Unions do not show at the peodal meetings f te urfere fe Ci) Minfrauna Membeuthip suited by the Trade Unions Act Pry tea worker engaged fr am fndurtyinl ovgaudyat on can foim a trade vivioo and gut MH ssgcitercd under the Todle Unfors Act, 1986. Moxcover, apibtvectin @ Trade uur seguir a yeu. Simple pyoceduxe , CH) Muttiplicity f Unions Gremeratly , dhe ane Wtens th mowy factorier f ihdustyral nactura tly, She workers bivPdea Ancor He vavont , Leading to Low size sk wtony, Git) Ege f Bode Union Leadesa t Maw. trade wlory Leadey axe egoristic iin notune, Sust do tokisfy Ae be ego, they foi nes trade uitore aud Compete ue othe = Utony P oa multiple wg ontiattory ,W) Bevetopment Gf Strery Base? Ih osder to dewelop a stung trade water movemut , St tu eHreuktoL to boiden dhe watenism do Lane gonntsed autor and Arqalt ouows » Worker fh Lowrebhld , small scale amd domeehic Autosy foim Avode urdere, Ui) Woke Education oud Beating, yy o_o5.11 RECOGNITION OF TRADE UNIONS The Trade Unions Act is completely silent on the question of recognising a trade union for the purpose of collective bargaining. Such a provision exists, however, in the Annexure A of the Code of Discipline which is a voluntary measure. is Annexure lays down the following criteria for recognising a trade union : 1. Where there are more than one union, a union claiming recognition should have been functioning for at least one year after registration. Where there is only one union, this condition would not apply. » The membership of the union should cover at least fifteen per cent of the Workers in the establishment concerned. Membership would be counted only of those who have paid their subscriptions for at least 3 months during the period of 6 months immediately preceding the month of reckoning.Sep 3. A union may claim to be recognised as a representative union ft workers in all establishments in an industry in a local area if it has a mem tShip of at least 25% of the workers of that industry in that area. 4, When a union has been recognised, there should be no change in its Position for a period of 2 years. 5. Where there are several unions in an industry or establishment, the one with the largest membership should be recognised. 6.(A representative union for an industry in an area should have the right to Tepresent the workers in all the establishments in the industry)but ifa union of workers in a particular establishment has membership of 50% or more of the workers of that establishment, it should have the right to deal with matters of purely local interest such as, for instance, the handling of grievances pertaining to its own members. All other workers, who are not members of that union might either operate through the representative union for the industry or seek redress directly. 7. Only unions which observe the Code of Discipline are entitled to recognition. 5.11.1 Rights of a Recognised Union Annexure B of the Code of Discipline mentions the following rights of a recognised union: (i) It can raise issue and enter into collective agreements with employers on general questions concerning the terms of employment and conditions of service of workers in the establishment. (ii) It can collect membership fees from the members within the premises of the undertaking. (ii) It can put up a notice board on the premises of the undertaking and use it for announcements relating to meetings, etc. (iv) For the purpose of prevention or settlement of an industrial dispute : (a) it can hold discussions on the premises of the undertaking with the employees who are members of the union. (But this should not interfere with the normal working of the undertaking.) (b) It can discuss with the employer or with any other person appointed by him in that behalf the grievances of employees in the undertaking. (c) It can inspect anyplace in the undertaking where any member of the union is employed. (v) Itcan appoint its nominees on (a) Joint Management Councils, (b) Grievance Committee, and (c) any other non-statutory bipartite committee set up by management such as production committee, welfare committee, canteen committee, house allotment committee, etc. The First National Commission on Labour (1972) recommended compulsory tecognition of trade unions by the employers under the centra! legislation in allfF UNIONISM, trial undertakings employing 100 or more workers or where the capital invested ve mast bave the total memberSip of 30% ofthe plant pene ae uion fy wise union in Tocal area may, however, be recognised ifthe minimon Tein iP is 25%. The Commission has recommended that where recognition meet by more than one union, the largest union should be recognised. is DE UNIONS ACT, 1926 512 TRAl pefinition of Trade Union and Related Concepts ‘the Trade Unions Act defines trade union as “any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct sfany trade or business and includes any federation of two or more trade unions”. ints we the stipulated size. In order to claim recognition by the ind isa ‘According to the above definition a trade union can be either a union of workmen or of employers. The term “workmen” has not been independently defined inthe Trade Unions Act. But in the definition of the term “trade dispute” in Section 2g) the term “workmen” has been used to include : “all persons employed in the trade or industry whether or not in the employment of the employer with whom the trade dispute arises”. This means that all the persons whether doing skilled, unskilled, manual, supervisory, technical, managerial or clerical work are workmen provided they are employed in any “trade” or “industry”. The above definition of trade union also prescribes the primary objectives for which a trade union may be formed; these are : (a) To regulate the relations (i) between employers, (ii) between workmen, or (iii) between employees and workmen. (6) To impose restrictive conditions on the conduct of any trade or business. _ Besides these primary objectives which determine whether a union is trade union or not under the Act, there can be other objectives also. Thus a union may we have a number of economic, political and social objectives besides its primary objectives, On the question whether there is any age restriction for becoming the member ofa trade union, Section 21(A) (1) (i) of the Act provides that a person who has attained the age of 15 years may become the member of a registered trade union unless the Tules of the union provide otherwise. But to become an office-bearer of a or member of the executive of the union he should attain the age of 18 TS, Reuistration of Trade Unions ibing their Any seven or more members of a trade union can, by subscribing © ith the provisions Nay il ™es to the rules of the trade union and by otherwise complying w!5.28 RE of the Ti to be ma bya copy of the rules of t . the names, occupations and a . the name o! | the titles, names, ages, ply tor registration under the Act. The application has i t, a] 5 Te eles plication must be accompanieg i ions. This ap to the Registrar of Trade Unions. : dain ce arine rade union and a statement ofthe following particular ddresses of the members making the application; / f the trade union and the address of its head office; and addresses and occupations of the office-bearers of the trade union. Where a Trade Union has been in existence for more than one year, a general statement of assets and liabilities of the Trade Union is to be submitted to the Registrar along with other relevant documents. Registration of a union is not done unless its executive is constituted according to the provisions of this Act and the rules of the union provide for the following matters : erp B 2 x . the name of the trade union; . the objects for which the trade union has been established; . the whole of the purposes for which the general funds of the trade union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this Act; . the maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office-bearers and members of the trade union; . the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the trade union is connected; . the payment of a subscription by members of the trade union which shall be not less than 25 paise per month per member; . the conditions under which any member shall be entitled, to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members; . . the manner in which the rules shall be amended, varied or rescinded; . the manner in which the members of the executive and the other office- bearers of the trade union shall be appointed and removed; - the safe custody of the funds of the trade union, and annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by office-bearers and members of the trade union; and . the manner in which the trade union may be dissolved.on registration, the Registrar would issue a certificate of registration in the sibed form. This services as a conclusive evidence that the said trade union esc an duly registered. The privilege of a registered trade union is thatit becomes ns’ corporate having a perpetual succession and a common seal. It acquires a a mv personality separate from its members. It can acquire and hold property and Ce contact, Sue and be sued in its own name. An unregistered trade union being a fluctuating body of individuals having no separate legal entity does not enjoy ‘ese privileges. Its members are collectively and severally liable for the acts of the union. Difference between a Registered and an Unregistered Trade Union From the above description it is clear that there are a number of differences between a registered and an unregistered trade union. These may be summarised as follows : 1. A registered trade union is a legal entity separate from its members. Hence it can hold property, enter into contracts, sue and be sued in its own name. An unregistered trade union is not a legal entity separate from its members. Hence it cannot hold property, enter into contracts, sue and be sued in its own name. Its members are collectively and severally liable for its acts like the partners of an unregistered firm. 2. A registered trade union enjoys a number of statutory rights such as : + Use of its general funds for certain specified purposes. + “Creation of a separate fund for political purposes. Immunity from punishment for criminal conspiracy (not amounting to an offence) for furthering objects specified in Section. 15. + Immunity from civil suit in certain cases. Representation of workmen to the works committee. No such rights are available to an unregistered union. A registered trade union is required to observe a number of formalities such as : ° Maintaining books of accounts and the list of members. Keeping books and list open for members’ inspection. Submitting annually to the Registrar duly audited statement of receipts and expenditures and assets and liabilities. An unregistered union can ignore these formalities.Legal Status of a Registered Union _ A trade union enjoys the following advantages after registration : (i) It becomes a body corporate. (ii) It gets perpetual succession and a common seal. (iii) It can acquire and hold both movable and immovable property. (iv) It can enter into contracts with others. (v) ,It can sue and be sued in its registered name. Cancellation of Registration The Registrar of Trade Unions can cancel the registration in the following cases : (i) on the application of the trade union, (ii) where the certificate of registration has been obtained by fraud or mistake, (iii) where the trade union has ceased to exist, (iv) where any rule of the union is inconsistent with the provisions of the Act, (v) where the union has rescinded any rule providing for any of the compulsory matters, (vi) where the primary objects of the union are no longer in harmony with the statutory objects. Rights and Privileges of a Trade Union The rights and privileges of a registered trade union include : (a) it is a body corporate, (6) it can keep separate fund for political purposes, (c) it enjoys immunity from criminal conspiracies, (d) it enjoys immunity from civil suits, (e) an agreement between the members of a registered trade union not to accept employment is valid (not void being agreement in restraint of trade), (/) it has a right to amalgamate to form a larger union or federation of unions, (g) members of the union have a Tight to inspect books, (/) any person who has attained the age of 15 years can become the member of the union Immunity from Criminal Prosecution, No office-bearer or member of a registered trade union shall be liable to punishment under Sub-section (2) of Section 120B of the Indian Penal Code, in respect of any agreement made between the members for the purpose of furthering any such objects of the trade union as are specified in Section 15, unless the agreement is an agreement to commit an offence. Section 120B(2) of the Indian Penal Code provides for punishment for the offence of criminal conspiracy. But Section 17 of the Trade Unions Act gives immunity to members and office-bearers of registered trade unions from criminal conspiracy in connection with trade disputes. The term trade dispute is defined in Section (2)g. Immu. from Civil Suit in Certain Cases. No suit or other legal proceeding shall be maintainable in any Civil Court against any registered trade union or any office-bearer or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the trade| pS ones is party on the ground only that such act i induces so yn me other pers oe g contract of employment of some other person or with the right of 2 ome person to dispose of his capital or his labour as he wills, A registered trade union shall not be liable to a suit or other inany Civil Court in respect of any tortous act done in contemplati saad dispute by an agent of the trade union if it is proved gcted without the knowledge of, or contrary to express instructi executive of the trade union.—Sec. 18(2). other legal proceeding ‘on or furtherance that such person ions given by, the Amalgamation of Unions Any two or more registered trade unions may become amalgamated together as one trade union, with or without dissolution or division of the funds of such trade unions or either or any of them provided that the votes of at least one-half of the members of each or every such trade union entitled to vote are recorded and that at least sixty per cent of the votes recorded are in favour of the proposal. Notice in writing of amalgamation, signed by the secretary and seven members ofeach and every trade union which is party thereto shall be sent to the Registrar of each of the states in which any of the amalgamated unions had a registered office. The Registrar of the State in which the head office of the amalgamated union is situated shall register it if satisfied that all the provisions of the Act have been complied with. The amalgamation takes effect from the date of registration. An amalgamation of two or more unions does not prejudice any right of any of the trade unions or any right of a creditor of any of them. Duties and Liabilities of a Trade Union The Act imposes duties and liabilities on registered Trade Unions. They are discussed below : 1. Change of registered office. If the address of the head office of a trade union is changed, notice in writing must be given to the Registrar within fourteen cays of the change. The change shall be recorded in the Register. 2. Objects on which general funds may be spent. Section 15 provides that the general funds of a registered trade union shall not be spent on any object other than the following : “(@) the payment of salaries, allowances and expenses to office-bearers of the trade union ; (©) the payment of expenses for the administration of the trade union, including ~audit of the accounts of the general funds of the trade union; (©) the prosecution or defence of any legal proceeding to which the trade ° ion or defence union or any member thereof is a party, when such eee ioe is undertaken for the purpose of securing or protecting any@ (e) oO (g) (a @ ” (&) h or any rights arising out of the relations of any with a person the member employs; trade union as suct oe : member with his employer 0" the conduct of trade disputes on behalf of the trade union or any member he thereof; e . the compensation of members for loss arising out of trade disputes; allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members ; the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment; ious benefits for members the provision of educational, social or reli (including the payment of the expenses of funeral or religious ceremonies for decreased members) or for the dependants of members; the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such; the payment, in furtherance of any of the objects on which the general funds of the trade union may be spent, of contributions to any cause intended to benefit workmen in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has upto that time accrued to the general funds of the trade union during that year and of the balance at the credit of those funds at the commencement of that year; and subject to any conditions contained in the notification any other object notified by the appropriate Government in the Official Gazetté. 3. Political Fund. Section 16 empowers a registered trade union to constitute a separate Fund to be used for political purposes. Contributions to the Political Fund must be separately collected on a voluntary basis. No member can be compelled to contribute to this fund. No member can be excluded from any benefit or deprived of any privilege by reason of his not contributing to it. The Political Fund can be used for the following purposes : (a) The payment of any expenses incurred, directly or indirectly, by @ candidate or prospective candidate for election toa legislative body under the constitution or to a local body, The expenses might have been incurred before, after or during the election. (2) The holding of any meeting or the distribution of any literature of documents in support of such a candidate.po 5.33 (c) The maintenance of a person who is a member of a legislative body under the constitution or of a local body. (a) The registration of electors or the selection of a candidate for election to a legislative body under the constitution or a local body. (ce) The holding of political meetings of any kind or the distribution of political literature or political documents of any kind. 4. Proportion of Office-bearers to be connected with the industry. Not less than one-half of the total number of the officed-bearers of every registered trade union shall be persons actually engaged or employed in an industry with which the trade union is connected. The appropriate government may by a special or general order exempt any union or class of unions from this provision. 5. Dissolution. A registered trade union may be dissolved according to the rules of the union. Notice of the dissolution must be given signed by the Secretary and seven members within fourteen days of the dissolution. The dissolution takes effect from the date it is registered. If the rules of the union do not provide how the funds of the union shall be distributed, the Registrar shall distribute the funds among the members in the manner prescribed by the rules framed under the Act.