TRADE_UNION_ACT

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PRESENTED BY, PRAPTI SINGH PRAGYA TIWARI ANUMEGHA GUPTA SONAL GUPTA SHASHI BALA MANISHA SINHA:

PRESENTED BY, PRAPTI SINGH PRAGYA TIWARI ANUMEGHA GUPTA SONAL GUPTA SHASHI BALA MANISHA SINHA TRADE UNION ACT , 1926

INTRODUCTION:

INTRODUCTION TRADE UNION ACT 1926 According to L.J. Hanson, a trade union is essentially an organization of the workers. Its main function is to enable the workers to act together, the individual by himself being in a weak bargaining position to negotiate with employers, that’s is to make possible collective bargaining , the strike being their weapon of last resort to be used after negotiations have broken down .but under the existing law , ‘ trade union ‘includes both employers ‘ and workers’ organizations.

DEFINITIONS:

DEFINITIONS 1. APPROPRIATE GOVERNMENT (SEC: 2) – In relation to trade unions whose objects are not confined to one State, the ‘appropriate government’ means the Central Government. In relation to other trade unions, the ‘Appropriate Government’ means the State Government. 2. EXECUTIVE (SEC. 2a): ‘Executive’ means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted. 3. TRADE DISPUTE [SEC. 2(g)] : It means any dispute- a) between employers and workmen, or b) between workmen and workmen, or c) between employers and employers

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4. TRADE UNION [SEC. 2(h) :It means any combination, whether temporary or permanent, formed- a) primarily for the purpose of regulating the relations: i ) between workmen and employers, or ii) between workmen and workmen, or iii) between employers and employers, or b) for imposing restrictive conditions on the conduct of any trade or business. 5 REGISTERED TRADE UNION [SEC.2(e)] : It means a trade union registered under the Act.

LAW RELATING TO TRADE UNIONS :

LAW RELATING TO TRADE UNIONS The law relating to the registration of trade union and certain other matters is contained in the trade Union Act, 1926. The Act was passed to regulate- Conditions governing the registration of trade union; and Obligations imposed upon a registered trade union ;and Rights and liabilities of registered trade union

SCOPE AND COVERAGE:

SCOPE AND COVERAGE The act applies to registered trade unions .It also specifies the mode of their registration. The Act extends to the whole of India. The Act was extended to Jammu and Kashmir by the Central Labor Laws Act, 1970.

REGISTRATION OF TRADE UNIONS :

REGISTRATION OF TRADE UNIONS Mode of registration (Sec.4) Application or registration . Any 7 or more members of a trade union may, by subscribing their names to the rule of trade union and by otherwise complying with the provisions of the Act with respect to registration, apply for its registration . Applicants ceasing to be members or dissociating not to affect application unless their numbers is more than half

APPLICATION FOR REGISTRATION TO REGISTRAR:

APPLICATION FOR REGISTRATION TO REGISTRAR Application for registration of a trade union be made to the Registrar of Trade Unions. It must be accompanied by a copy of its rules and statement of the following particulars, The names , occupations and addresses of the members making the application ; The name of the trade union and the address of its head office; and The titles , names , ages address and occupation of the trade union.

REGISTRATION (SEC.9):

REGISTRATION (SEC. 9) The Registrar, on being satisfied that trade union has compiled with all the requirement this Act in regard to registration , shall register the trade union . He shall register the trade union by entering in a register, to be maintained in such form as may be prescribed , the particular relating to the trade union contained in the statement accompanying the application.

CERTIFICATE OF REGISTRATION:

CERTIFICATE OF REGISTRATION The registrar, on registering a trade union under Sec. 8, shall issue a certificate of registration in the prescribed form. The certificate shall be conclusive evidence that the trade union has been duly registered under the Act.

CHARECTERSTICS OF REGISTERED TRADE UNION ON INCORPORATION:

CHARECTERSTICS OF REGISTERED TRADE UNION ON INCORPORATION It becomes a body corporate by the name under which its registered , and become a legal entity distinct from the members of which its composed . It has perpetual and a common seal . It has the power to acquire and hold movable and immovable properties. It has the power to contract . It can by the name under which it is registered sue and be used.

CANCELLATION OF REGISTRATION OF A TRADE UNION:

CANCELLATION OF REGISTRATION OF A TRADE UNION SEC. 10 has empowered the Registrar to cancel the registration of Trade Union. This power can be exercised in the following cases: On the application of the trade union to be verified in the prescribed manner. If the Registrar is satisfied that the Certificate of Registration has been obtained by fraud or mistake. If the Union 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 the provision of the Act.

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Where the Trade Union has ceased to exist. Where the Trade Union has rescinded any rule provided for any matter provision for which is required to be made by section 6. Except when the registration is withdrawn by the Union itself, the Registrar shall have to give to the trade union not less than two months previous notice in writing specifying the grounds to withdraw or cancel the certificate of registration.

PENALITIES:

PENALITIES If default is made on the part of any registered trade union in giving any notice or sending any statement or other document as required by or under any provision of this Act, every office bearer or other person bound by the rules of the trade union to give or send the same , shall be punishable with fine which may extent to Rs .5 .

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THANK YOU