Presentation

on
Trade Union

By- Navyaa Sharma

 Introduction
Section 2(h) of Trade Union Act,1926
-“Trade Union” means 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 of any trade or business, and
includes any federation of two or more
Trade Unions:
 Provided that this Act shall not affect–

any agreement between partners as to their own business;

any agreement between an employer and those employed by him as to

such employment; or

any agreement in consideration of the sale of the good-will of a business or

of instruction in any profession, trade or handicraft.

Trade union is a voluntary organization of workers relating to a specific trade,

industry or a company and formed to safeguard their interests and welfare by
collective action. It is the most suitable organizations for balancing and
improving the relations between the employees and the employer. They are
formed for both purposes one for cater worker’s demands and other for
imparting discipline and to inculcate the sense of responsibility.
 Registered Trade
Union:
The trade union must be registered to seek
their rights and for having legal status.
There is a procedure given in Section 3-14
of aforesaid Act under which trade union
have been registered. The Registrar, while
registering a Trade Union under section 8,
shall issue a certificate of registration in the
prescribed form which shall be conclusive
evidence that the Trade Union has been
duly registered under this Act.
Rights of Trade Union:

Rights of Trade Union:

The trade union are granted rights so that

they may be able to take appropriate
actions for the attainment of objectives for
which they have been formed. Under
section 15-28 rights, liabilities and
immunities which granted to registered
trade union is given.
Under section 15 a registered trade union has a right to establish a general fund.

Under section 16 a registered trade union has a right to establish a political fund. For
member subscription to this fund is not mandatory.

Under section 23 a registered trade union can change the name with minimum 2/3 majority
and all requirement of section 25 must be fulfilled.

Section 24 gave the right to amalgamation: any two or more than two trade unions may
amalgamate into one with or without dissolution of funds but at least 50% of majority votes is
recorded and at least sixty percent of those votes are in favor of amalgamation.

Any member of Trade Union may inspect the books himself or through agent under section
20.

Section 21 confer the right of minor membership: minor more than 15 years of age can
become a member but cannot hold the office until the attainment of 18 years of age.
 As a legal person some rights
are granted:

Right to have perpetual succession

Common seal in its own name.
Right to acquire, hold and dispose of both
movable and immovable property in its own
name.
Right to contract in its own name.
Can sue and can be sued.
Under section 17,18 and 19 a registered
trade union have immunity in certain
criminal, civil and contractual proceedings.
 Section 17,18 and 19
 
Section 17 confers immunity from liability in the case of criminal
conspiracy under sec 120-B of Indian Penal Code, 1860 committed by a
office- bearer or member, this immunity available only with respect to
the legal agreements created by the members for the furtherance of
valid object of a trade union under sec 15 of Trade Union Act. No one
can claim immunity for an offensive act. They have right to do in
furtherance of their trade dispute such as calling strikes and persuading
matters . A trade union leader has no immunity against disobeying the
orders of employers when they already accepted terms and
conditions.A trade union leader or any worker does not have any right
by law to share managerial responsibilities. In the case of West India
Steel Company Ltd. v. Azeez 1990.
 
Section 18 confers immunity from civil proceedings in certain cases to a
trade union office bearer or its members However; there is no immunity
against violence, threat or any other illegal means. Strike per se is not
an actionable wrong and trade union officers and its members are
immune against legal proceeding linked with the strike which confers in
section 18. It was held in case P Mukundan and others v. Mohan Kandy
Pavithran 1992
In another leading case Rohtas Industries Staff Union v. State of
Bihar, it was held that employers do not have the right to claim
damages against the employee participation in an illegal strike and
thereby causing loss of production and business.

In the case Simpson & Group Companies Workers and Staff

Union v. Amco Batteries Ltd, it was held that physical obstruction
of movement of management officials, contractors, goods, or
vehicles carrying raw materials is not a trade union right or a
fundamental right under Article 19. Immunity under sec 18 cannot be
claimed for such activities. An agreement of restraint in trade is void
under sec 25 of Indian Contract Act. But here section 19 of Trade
Union Act confer that such agreement is neither void nor voidable
between trade union members.