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, 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 of any trade or business, and includes any federation of two or more trade unions.
Then this definition talks about three relationships. They are relationship between the:
Workmen and workmen Workmen and employers Employers and employers.
To improve the economic lot of employees by securing for them better wages. To secure better working conditions for the workers. To secure bonus for the employees from the profit of the concern, To resist schemes of the management which reduce employment, e.g., rationalization and automation. To secure welfare of employees through group schemes which give benefit to every employee. To protect the interests of employees by taking active participation in the management. To secure social welfare of the employees. To secure organizational stability, growth, and leadership.
Broadly speaking, trade unions perform two types of functions: Militant Functions
1. 2. 3.
To achieve higher wages and better working conditions To raise the status of workers as a part of industry To protect labors against victimization and injustice
1. 2. 3. 4. 5.
To take up welfare measures for improving the morale of workers To generate self confidence among workers To encourage sincerity and discipline among workers To provide opportunities for promotion and growth To protect women workers against discrimination
In 1946, GOI, after consulting state govt, representative of employers and trade unoin and the Indian labor conference, introduced the Indian Trade Unions( Ammendment) bill in the central legislature, providing for compulsory recognition of registered trade unions.
A registered trade union can apply for recognition within 3 months, could apply for recognition to the employer and in case of failure to obtain recognition within 3 months could approach the Labor Court established under the act.
The executive of a recognized trade union was empowered to negotiate with the employers in respect of matter connect with the employment or non- employment or the terms of employment or conditions of work of all or any of its member.
Requirement of 10% or 100 workmen employed in an establishment or industry with a minimum of 7 workmen, as members for being eligible for registration as worker s trade union in place of only 7 persons provided for earlier, and subsequent maintenance of this membership after registration.
Election of members of executive and office- bearers at an interval of not more than 3 years
Prescribing minimum subscription for rural, unorganized and other workers Designation of appellate courts Limiting the proportions of outsiders to 1/3rd of the total number of office- bearers or 5, whichever is less.
Any combination whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employees or between workmen or between employer s and employer s or for imposing restrictive conditions on the conduct of any trade of business and includes any federation of two or more trade unions.
Trade dispute: Any dispute between employer s and workmen or between workmen and workmen or between employers and employers which is connected with employment or non employment or terms of employment or condition of labor of any person.
The act is a central legislation, but it is administered and enforced by the state government.
They appoint Registrars of Trade Unions, and also additional or Deputy Registrars who may exercise the function of the Registrars.
They also have the power to make rules for giving effect to the provision of the act.
The application for the registration should be accompanied by a copy of the rules of the union and a statement containing particulars namely: a) The name, occupation and address of the members making the application b) The titles, name, age, address and occupation of the office bearers of the trade union the registrar may not register the trade union unless its executive is constituted in accordance with the provision of this act and the rules mentioned clearly the name and object of the union and the purpose for which its fund are to be used. c) Not more than 50% of members (now 1/3rd or 5) of the executive committee can be outsider s.
Under certain circumstances the trade union registration can be cancelled like;
Fraud or mistake Trade union has ceased to work Contravened any provision of the act Deleted any rule providing any matter required under the act
The registration can be cancelled by the registrar after giving a prior information 2 months before withdrawal. 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).
When a registered trade union is dissolved, notice of dissolution are signed by 7 members and by the secretary of the trade union has to be sent to the registrar within 14 days of the dissolution.
The registrar will register the notice if he satisfied that the dissolution has been effected in accordance with the rules of the union.
The dissolution will take place from the date of such registration. The registrar has to divide the funds of the union among the members in a prescribed manner if the rules of the union donot provide the same(sec27).
PENALTIES: Up to Rs 500 for making any willful false entry in or any omission from the general statement to be submitted to the registrar . Up to Rs 200 for giving incorrect copy of the rule or any other document with the intent to deceive a member or a person intending to be a member.
Any person aggrieved by any order of the Registrar may appeal within two months to the Civil Court not inferior to the court of an Additional or Assistant Principal Civil Court. Any person who willfully makes, or causes to be made any false entry or any omission from the general statement required by Section 28 etc. shall be punishable which may extend to Rs.500/-. Registered trade unions, furnishing false information, shall be punishable with fine which may extend to Rs.200/-.
1. Registrar. 2. Persons with the previous sanction of the Registrar. 3. Aggrieved person under Section 32.
The complaint shall be filed within six months of the date on which the offence is alleged to have been committed. No court inferior to that of a Presidency Magistrate or a Magistrate of First Class shall try any offence under the Act.
1. Registrar of Trade Unions (under Section - 3) Labor Commissioner
2. Additional Registrar of Trade Unions Additional Labor Commissioner
3. Deputy Registrar of Trade Unions Joint Labor Commissioner
Allow any person of the age of 15 years to be a member of the union subject to any rules of the trade union to the contrary and enjoy all the privileges attached to membership(sec 21).
75% of the office
bearer of the union from among the person actually engaged or
employed in the industry with which the trade union is connected.
1/3rd can be outsider may be lawyers, politician, social worker. Keep account books and membership register available for Inspection by any member or officer of the union(sec 20) annual statements of receipts and assets and liabilities of the union
Union audited in the prescribed manner as on 31st December together with the statement showing changes in the office bearers and rules of the union made during the year should be send to the registrar.
Following characteristics of trade union after getting registration are 0
It becomes a body corporate by the name under which it registered and becomes a legal entity distinct from the members of which it is composed
It has perpetual succession and a common seal. It has the power to acquire and hold both movable and immovable property. Has the power to contract It can sue and be sued by the name under which it is registered An unregistered union has no corporate existence and it is neither a legal entity nor a quasi corporation.
A registered trade union but unrecognized can represent workmen( Sahitya Mandir Press Ltd. Vs Govt. of U.P,1951-I ILJ.246).
No office-bearer or member of a registered trade union shall be liable to punishment under subsection(1) of sec 120-B of the Indian Penal Code 1860, in respect of any agreement made between the members or the purpose of furthering any such object of trade unions is specified in sec 15, unless the agreement is an agreement to commit an offence.
IMMUNITY FROM CIVIL SUIT IN CERTAIN CASES( SEC 18)
A suit or legal proceeding shall not be maintainable in any civil court against any registered trade union or any office bearer in respect of any act done in contemplation of a trade dispute to which a member of the trade union is a part.
IMMUNITY FROM TORTUOUS ACT (SEC 18(2))
A registered TU shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortuous act done in contemplation of a trade dispute by an agent of the trade union, if it is proved that such person acted without the knowledge of or contrary to express instruction given by the executive of the trade union.
Not less than 50% in unorganized sector of the total number of the office
every registered trade union must be person actually engaged in an industry with which the trade union is connected.
No members of the council of minister or a person holding an office of profit in the union or state , shall be a member of the executive or other office bearer of a registered trade union.
Failure to submit returns(sec 31) Supplying false information regarding trade union (sec 32) Assessment Registration not compulsory Encouragement to formation of small sized unions
No time limit for registration Encouragement of persistence of outsiders Light punishment for violations Absence of provision for recognition No mention of unfair labor practices
A TU office ² bearer can·t enjoy the luxury of not doing the assigned work in the company( Indian Bank Employees Union Vs Union Bank(1994) 2 LLJ 497)
Office ² bearer of the union can·t be absolved from an obligation to do any service to the employer( Tamil Nadu electricity board, Account sub ordinate Union Vs Tamil Nadu Electricity Board(1984) 2 LLJ 474).
The indulgence of TU activities can·t be at the cost of the work for which they are paid their emoluments by the employer.
Office ² bearers are not immune from punishment for remaining absent from their duty
Office ² bearers of trade unions are not immune from disciplinary action
Under sec 28 every registered TU is under a legal obligation to submit to the registrar its annual return includes the following:-
Statements of all receipts and expenditure Any change of the office bearers made by trade union Any change in the rules of trade Union effected during the period for which return is submitted
The change of office bearer and change in the rules of trade union which are required to be maintained in accordance with supreme court should be informed to the registrar within 15 days of such changes
PRESENTED BY AKRITI ASHISH VAIBHAV
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