Wednesday, May 6, 2020

Trade Union Act free essay sample

It includes federation of two or more  trade  unions. [section2(h)]. Thus, technically, there can be ‘union’ of employers also, though, almost universally, the term ‘trade  union’ is associated with union of workmen or employees. ‘Trade  dispute’ means any dispute between workmen and employers or between workmen and workmen, or between employers and employers. However, it should be connected with  employment or  non-employment, or the conditions of labour, of any person. Workman’ means all persons employed in  trade  or industry, whether or not in the employment of the employer with whom the  trade  dispute arises. [section 2(g)]. Any seven or more members of a  Trade  Union can  apply for  registration, by subscribing their names  to rules  of  trade  Union and complying with provisions of the Act for  registration  of  Trade  Union. [section 4(1)]. Right and liabilities of a Registered  Trad e  Union are specified in section 15. Registration  of  trade  union – Appropriate Government shall appoint a person as Registrar of  Trade  Unions for each State. We will write a custom essay sample on Trade Union Act or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page [section 3(1)]. Application for  registration  is required to be made signed by at least 7 members. Application should be accompanied by rules of  trade  union. and other required details. [section 5]. Rules should contain provisions as prescribed in section 6. Registrar shall register  Trade  Union and enter particulars in the register maintained by him. [section 8]. Trade  Union will have a registered office. [section12] Other provisions – Other important provisions are as follows Trade  Union is a body corporate – Registered  Trade  Union shall be a body corporate by the name under which it is registered. It will have perpetual succession and a  common seal. It can acquire both movable and immovable property in its own name and contract in its own name. [section 13]. Fund for political purposes   Trade  Union can constitute separate fund for political purposes. [section16]. Executive Committee and Office Bearers of Union – The management of  trade  union will be conducted by ‘executive’. It is a body by whatever name called. [section 2(a)]. Thus, controlling body of  Trade  Union may be called as ‘Executive Body’ or ‘Governing Body’ or ‘Managing Committee’ or any such name. The members of the executive body are termed as ‘Officer Bearers’. [section 2(b)]. At least 50% of office bearers of registered  trade  union shall be persons actually engaged or employed in an industry with which the  trade  union is connected. [section 22]. Annual Returns – Every registered  trade  union will prepare a  general statement  of assets and liabilities of  trade  Union as on 31st December. The statement will be sent to Registrar along with information about  change of office  bearers during the year. [section28(1)]. Immunity from provision of criminal conspiracy in  trade  disputes – Office bearer of a  trade  union shall not be liable to punishment u/s 120B(2) of Indian Penal Code in respect of agreement made between members for purpose of object of  trade  union, unless the agreement is agreement to commit an offence. section 17]. Thus, office bearer of  trade  union cannot be prosecuted for criminal conspiracy in respect of agreement relating to object of  trade  union. Immunity from civil suit – A civil suit or other legal proceeding is not maintainable against any registered  trade  union or office bearer in furtherance of  trade  union activity on the gro und that (a) such act induces some person to break a contract of  employment or  (b) It is in interference with the  trade, business or employment of some other person. section 18(1)]. Registration  does not mean recognition –  Registration  and recognition of Union by an employer are independent issues. Registration  of  Trade  Union with Registrar has nothing to do with its recognition in a particular factory/company. Recognition of  Trade  Union is generally a matter of agreement between employer and  trade union. In States like Maharashtra and Madhya Pradesh, there are specific legal provisions for recognition of a  trade  union. Definition Section 1: Short title, extent  and commencement It extends to the whole of  India. Section 2: Definitions Appropriate Government: For the trade unions whose  objects are not confined to one state, the appropriate  government will be the Central Government, for others it’ll be the  State Gov ernment. Trade dispute: It means any dispute between employers and, workmen or between workmen and workmen, or between employers and employers which is  connected with the employment, or non-employment or the conditions of  labour, of any person. Workmen: Means all persons employed in trade or industry whether  or not in the employment of  the employer with whom the trade dispute arises. Trade Union: It means combination whether temporary or  permanent formed primarily for the purpose of   –regulating the relations –for imposing restrictive condition on the conduct of  any trade or  business,   –can be between workmen and employers or between workmen and workmen, or between employers and employers It can include any federation of two or more Trade Unions. Section 3: Appointment of Registrars The appropriate Government appoints a person to  be the Registrar  of Trade Unions for each  State. It may also appoint Additional and Deputy Registrars of Trade Unions. Section 4: Mode of registration Any seven or more members of a Trade Union may apply for  registration of the Trade Union under this Act: –by subscribing their names to the rules of the Trade Union –and by complying with the provisions of this Act with respect to registration. An application for the registration of a Trade Union shall not become invalid merely for the reason that at any time after the date of the application, but  before the  registration of  the Trade Union  some of  the applications (not exceeding half of the total number of the persons who made the application) have ceased to be members of  the Trade Union. Section 5: Application for registration Application for registration of a Trade Union  shall be made to the Registrar and shall be accompanied by: –copy of the rules of the Trade Union –statement of the following particulars, Namely :- The names, occupations and addresses of  the members making the application. †¢The name of the Trade Union and the address of its head office. Where a Trade Union has been in existence for more than one year  before the making of an application for  its registration it needs to submit a statement of the assets and  liabilities held by it. Section 6: Provisions t o be contained in the rules of Trade Union A Trade Union shall not be entitled to registration under this Act, unless the executive is constituted in accordance with the provisions of this Act, and the rules provided for following matters: the name of the Trade Union –the object for which the Trade Union has  been established   –the purposes for which the general funds of  the Trade Union shall be applicable. –The maintenance of a list of the members of the Trade  Union and adequate facilities for the inspection thereof by the 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, and also the admission of the number of honorary or  temporary members as to form the executive of the Trade Union The payment of a subscription by members of the Trade Union which shall be not less than twenty five paisa  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 members; †¢The manner in which the  members of the executive and the  other members 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 account books  by the act and members of the TradeUnion; and †¢The manner in which the Trade Union may be dissolved. Section 7: Power to call for further particulars and to require alteration of name †¢The Registrar can call for  further information for the purpose of  checking the compliance of the application with  respect to Sec 5and  Sec 6  of the Trade  Union  Act. –He may refuse to register  the Trade Union until such information is supplied. †¢If the name under which a Trade Union is proposed to be registered is identical or it nearly resembles with that of any other existing Trade Union, the Registrar shall require the persons applying for  registration to alter the name of the  Trade Union stated in the application. Section 8: Registration The Registrar, on being satisfied that the  Union has complied with all the requirements of this Act in  regard to registration, shall register  the Trade Union. Note: This section is mandatory. The Registrar cannot refuse to register a Trade Union if the application for  registration complies with the technical requirement as laid down in  this Act. Section 9: Certificate of Registration The Registrar registering a Trade Union under Section 8, shall issue a certificate of registration which shall be conclusive that the Trade Union has been duly registered under this Act. Section 10: Cancellation of Registration A certificate of registration of a Trade  Union may be withdrawn or  cancelled by the Registrar: –On the application of the Trade Union –If the Registrar is satisfied that the certificate has been obtained by fraud or mistake   –or that the Trade Union has ceased to  exist or has willfully and after notice from  the Registrar contravened any provision of this Act or  allowed any rule to continue in force which is inconsistent with any such provision, or has  rescinded any rule providing for any matter, provision for which is required by this Section †¢Provided that not less than two  months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by t he Registrar to the Trade Union before the certificate is withdrawn or  cancelled Section 11: Appeal Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of  registration may appeal to the prescribed courts. The Appellate Court may dismiss the appeal, or pass an order  directing the Registrar to register the Union and to issue a certificate of registration or setting aside the  order for withdrawal or  cancellation of the certificate, as the case  may be, and the registrar  shall comply with such order. Section 12: Registered office All communications and notice to a registered  Trade Union may be addressed to its registered office. Notice of any change in the address of  the head office shall be given within fourteen days of such change to the Registrar in writing. Section 13: Incorporation of registered Trade Unions Every registered Trade Union: –shall be a body corporate by the name under which it  is registered   Ã¢â‚¬â€œshall have perpetual succession and a  common seal –power to acquire and  hold both movable and immovable property   Ã¢â‚¬â€œit can, by the said  name sue and be sued. Section 15: Objects on which general funds  maybe spent †¢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. †¢The compensation to members for loss arising out of  trade disputes; †¢Allowance to members or their dependents on account of death,  old age, sickness, accidents or unemployment of such members; †¢The provision of educational, social or religious benefits for members or for the dependents of members; †¢The upkeep of a periodical published  mainly for the purposes of discussing questions affecting employers or workmen; Section 16: Constitution of a separate  fund for  political purposes A registered Trade Union may constitute a separate fund, from which payments may be made, for the promotion of the civic and political interest of its members. –No member shall be compelled to contribute to the fund. –Member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union –Contribution to the said fund shall not be made a condition for  admission to the Trade Union. Section 20: Right to inspect books of Trade Union The account books of a registered Trade Union and the list of  members shall be open to inspection by any member of the Trade Union. Section 21: Rights of minors to  membership of  Trade Union Any person who has attained the age of fifteen years may be a member of registered Trade Union subject to any rules of the Trade Union to the contrary. Section 21A: Disqualification of office bearers  of  Trade Union A person shall be disqualified for being chosen as, and for being a member of the executive or any other office-bearer or registered Trade Union if He has not attained the age of eighteen years; –He has been convicted by a Court in India of  any offence involving immorality and sentenced to imprisonment, unless a period of five years has elapsed since his release. Section 22: Proportion of office-bearers to be concerned with the industry Not less than one half of the total number of the office bearers of  every registered Trade Union shall be persons actually e ngaged or  employed in an industry with which the Trade Union is connected. Section 23: Change of name Any registered Trade Union may, with the consent of not less than two-thirds of the total number of its  members and subject to the provisions of Section 25 change its name. Section 24: Amalgamation of Trade Union Any two or more registered Trade Unions may become amalgamated together as one Trade Union provided  that the votes of at least one-half of the members of each such Trade Union is recorded, and that at least sixty percent of the votes recorded are in favour of the proposal. Section 25: Notice of change of  name or  amalgamations Notice in writing of every  change of name and every  amalgamation shall be sent to the Registrar, signed,   Ã¢â‚¬â€œin the case of change of name, by  the Secretary and by seven members of the Trade Union changing its name  Ã¢â‚¬â€œin the case of an amalgamation by the Secretary  and by seven members of each and every Trade Union which is amalgamating. Section 26: Effects of change in  name and of  amalgamation The change in the name of a registered Trade Union shall not effect   –any rights or obligation of the Trade Union –or render defective any legal proceeding by or against the Trade Union, –legal proceeding may be continued in its new name. An amalgamation of two or more registered Trade  Unions shall not prejudice any right of any such Trade Unions or any right of accreditor or any of them. Section 27: Dissolution When a registered Trade Union is dissolved, notice for the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days  of the dissolution, be sent to the Registrar. Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution and funds, the Registrar shall divide  the funds amongst the member in such manner as may be prescribed. Section 28: Returns Every registered Trade Union is required to send a general statement, of all receipts and expenditure audited in  the prescribed manner, to the Registrar annually on or before such date as may be prescribed of during the year. Central trade union recognition †¢The union should have five lakh membership †¢Must have members from at least four  states Section 29: Power to make regulations The appropriate Government may make regulations for  the purpose of carrying into effect the provisions  of this Act. Such regulations may provided for all or any of the following matters:   Ã¢â‚¬â€œThe manner in which Trade Union and the rules of  Trade Unions shall be registered and the fees payable on registration; –The transfer of registration in the case of any registered Trade Union which has changed its head office from one State  to another; –The manner in which, and the qualifications of persons by whom, accounts of registered Trade Unions or of  any class of such  Unions shall be audited; Section 30: Publication of regulations The Power to make regulations conferred by section 29 is subject to the condition of the regulations being made  after previous publications. †¢Regulations so made shall be published  in the Official Gazette and on such publication shall have effect as if enacted in this Act. Conclusion * There should be one union per Industry * The union officials should be paid * There should be development of internal leadership * Trade union shoul d be recognized * There should be improvement in financial conditions. The judiciary should see the demands of the workers to check whether the demands by the workers are within the limits.

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