Trade Union Act 1926 Law Notes

(a) The Government shall appoint one person for each State as Registrar of Trade Unions. The Government may appoint as many additional union clerks and assistants as it deems appropriate for the exercise and removal under the supervision and direction of the clerk. Paragraph 2 of this section stipulates that the general declaration must be accompanied by a copy of the articles of the syndicate, corrected up to the date of mailing, and that a declaration indicating all the articles made by the union during the year in which the declaration is referred to must be transmitted to the registrar. Workers, especially those working in non-unionized sectors, do not have the capacity to bargain, which becomes a major reason for their exploitation. The right to collective bargaining is granted only to registered trade unions, but in India there are laws on the recognition of trade unions, but there is no uniform law on the registration of trade unions. Recognising the need for central legislation for the registration of trade unions, Parliament passed the Trade Unions (Amendment) Act of India in 1947. The purpose of the Act was to incorporate Chapter III-A into the Trade Unions Act 1926, which set out the conditions for compulsory recognition of a trade union. However, this law was never promulgated. Therefore, compulsory recognition of trade unions does not exist in any law in force in India. Under Article 25, any agreement on trade restrictions is null and void. However, under section 19 of the Trade Unions Act 1926, any agreement between members of a registered trade union restricting commercial activity is neither void nor voidable.

However, only registered trade unions have this right, as unregistered unions must comply with general contract law. The Act covers the whole of India and applies to all types of workers` unions and employers` associations that aim to regulate industrial relations. A trade union is a trade union, temporary or permanent, formed to regulate relations not only between workers and employers, but also between workers or between employers and employers. Section 7 of the Act gives the Registrar the power to request information to ensure that any request made by the trade union complies with sections 5 and 6 of the Act. In cases where the discrepancy is established, the Registrar reserves the right to deny the application unless such information is provided by the union. Under section 9 of the Act, the Registrar issues a certificate of registration to each trade union registered under section 8 of the Act, which serves as conclusive proof of the registration of the trade union. Trade dispute – trade dispute means any dispute between employers and workers, or between workers and workers, or between employers and employers, that is related to the employment or non-employment or terms and conditions of employment or work of a person, and “worker” means all persons employed in the industry, whether or not employed by the employer with whom the labour dispute arises, are employed or not. The Trade Unions Act of 1926 provides for the registration of trade unions to enable the legal organization of work, to enable collective bargaining.

It also grants certain protections and privileges to a registered union. The important basic functions of trade unions listed by the National Commission are: (iii) any agreement entered into in return for the sale of a company`s business or training for a profession or trade. Sections 29 to 30 of Chapter 4 of the Act set out the rules to be imposed on the trade union. A change of name of a registered trade union does not affect the rights or obligations of the trade union, nor does it render any legal proceedings brought by or against the union incorrect. An association of 2 or more registered trade unions must not affect the rights of one of these unions or the rights of a creditor of one of these unions. Article 13 of the Act provides that any trade union registered under the provisions of the Act provides that a person over 15 years of age may be a member of a trade union and, if he becomes a member, he may enjoy all the rights enjoyed by the members of the trade union under the conditions of the trade union to which he belongs. wants to be part of it. Trade union (Section 2(h)): Union means any association, temporary or permanent, formed primarily for the purpose of regulating relations between workers and employers or between workers and workers, or between employers and employers, for the purpose of imposing restrictive conditions governing the conduct of a trade or enterprise, including any association of two or more trade unions. In India, trade unions have become an important platform for upholding workers` demands.

They have also become one of the most influential interest groups, trying to influence the government in drafting laws in favor of workers without wanting to be part of the government. As an organized institution, the trade union movement came to fruition after the end of the 1st World War. Trade unions in India are essentially the product of large-scale modern industrialization and have not emerged from any existing institution in society. The need for an organized union was first recognized in 1875 by various philanthropists and social workers such as Shri Sorabji Shapaji Bengali and Shri N.M. Lokhandey, whose constant efforts led to the formation of trade unions such as The Printers Union of Calcutta (1905), the Bombay Postal Union (1907). (d) “head office” means the head office of a trade union under this Act; Section 9A of the Act sets the minimum number of members who must be present in a duly registered trade union. The sections state that a registered union must have at least 10% or 100 workers at all times, whichever is lower. Subject to at least seven persons who sit on or are affiliated with an institution that is a member of it or that acts as members. Under section 11 of the Act, any trade union aggrieved by a refusal of registration or withdrawal of registration by the Registrar may appeal: According to section 8 of the Act, if the Registrar is fully satisfied that a trade union has complied with all necessary provisions of the Act: He may register such association by registering all its details in the manner specified in the Act. The importance of forming an organized trade union was recognized by nationalist leaders such as Mahatma Gandhi who, in order to improve industrial and labour relations, developed the concept of guardianship, which provided for cooperation between workers and employers. According to the concept, people who are in good financial health should not only own the property to use the property that benefits them, but should use the assets that serve the well-being of workers who are not financially well placed in society, and each worker should consider themselves a trustee of other workers and strive to: protect workers` interests. other employees.

Stages of trade union registration: The Trade Union Act of 1926 is a social law enacted to protect workers in both organized and non-unionized sectors from inhumane treatment and the protection of their human rights. As such, the Act contains provisions relating to registration, regulation, social benefits and protection of trade unions. Employees benefit. Like what. In general, a person is liable in tort for causing a person to breach the contract. However, trade unions and their members are exempt from these obligations if such an incentive is envisaged or encouraged. Furthermore, incitement should be terrible and should not include any aspect of violence, threats or other illegal activities. If a registered union amends its articles, the changes must be notified to the clerk within 15 days of the changes. It must indicate in writing at least two months in advance the reason why the certificate must be withdrawn or cancelled and must be notified to the syndicate by the clerk before the certificate is withdrawn or cancelled or at the request of the syndicate.