TRADE UNIONS ACTS, 1926

A trade union is a common parlance, means an association of workers in a particular craft industry. In a strictly legal sense, it means an association formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employees. This is a very wide use of the term. According to L.J. Hanson, a trade union is essentially an organization of the workers. Its main function is to enable the workers act together (the individual by himself being in a weak bargaining position to negotiate with employers, that is, to make possible collective bargaining, the strike being their weapon of last resort to be used only after negotiations have broken down (Dictionary of Economics and Commerce, p 380).but under the existing law (The Trade Union act, 1926), the expression trade union includes both employers and workers organisations.

 LAW RELATING TO TRADE UNIONS

The law relating to the registration of trade unions and certain other matters is contained in the trade unions act,1926. The Act was passed to regulatea) conditions governing the registration of trade unions ; b) obligations imposed upon a registered trade union ; and c) rights and liabilities of registered trade unions . The Act came into the force on 1st June, 1927[sec.1(3)]. Reference to Sections in this Chapter. References in this chapter to sections within packets are to trade Unions Act, 1926,, unless otherwise indicated .

DEFINITIONS
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 ,which is connected with (i) the employment or non-employment ,or (ii) the terms of employment ,or(iii)the conditions of labour ,of any person. workmen means all persons employed in trade or industry whether or not in employment the employer with whom the trade dispute arises.

Trade union [Sec.29(h)]. It means any combination ,whether temporary or permanent ,referred (1)primarily for the purpose of regulating the relations: (a) between workmen and employers ,or (b) between workmen and workmen ,or (c) between employers and employers ,or (2) for imposing restrictive conditions on the conduct of any trade business. It includes any federation of 2 or more trade unions.

Registered trade union [Sec.2(e)].it means a trade union registered under the Act

REGISTRATION OF TRADE UNIONS Mode of registration (Sec. 4)

Application for registration. Any 7 or more members of a trade union may, by subscribing their names of the rules of the trade union and by otherwise complying with the provisions of the Act with respect to registration, apply for its registration [Sec. 4(1)]. Applicants ceasing to be members or dissociating not to affect application unless their number is more than half. At any time after the date of the application, but before the registration of the trade union, some of the applicants who made the appplication may cease to be members of the trade union or may give notice in writing to the Registrar disssociating themselves from the application. In such a case, the application shall not be deemed to have become invalid merely by reason of this fact. But if the number of applicants ceasing to be members or dissociating themselves from the application exceeds half of the total number of persons who

made the application, the application shall be deemed to have become invalid [Sec. 4(2)].

Application for registration of Registrar (Sec. 5)

Application for registration of a trade uinon is to be made to the Registrar of Trade Unions. It must be accomplanied by a copy of its rules and a statement of the following particuulars, viz. , a) The names, occupations and addresses of the members making the application ; b) The names of the trade union and the address of its head office ; and c) The titles, names, ages, addresses and occupations of the officers of the trade union [Sec. 5(1)]. Where a trade union has beeen in existence for more than 1 year before the making of an application for its registration, a general statement of its assets and liabilities prepared in the prescribed form has also to be delivered to the Registrar, together with the appplication [Sec. 5(2)].

 Rules of trade union

A trade union is entitled to registration only if its executive is constituted in accordance with the provision of the Act and its rules provide for the following maters, namely: a) The name of trade union; b) The whole of the objects; c) The whole of the purpose for which the general funds of the trade union shall be applicable as per Sec 15; d) The maintenance of a list of the members of the trade union and adequate facilities for the section thereof by the office-bearers and members of the trade union; e) The admission of ordinary members who shall be persons actually engaged or employed in industry with which the trade union is connected, and also the admission of the number of permanently or temporary office-bearers to form the executive of the trade union; f) The payment of a subscription by the members of the trade union which shall be not less than aise per month per member;

g) The conditions under which any members shall be entitled to any benefit assured by the rules conditions under which fines may be imposed on the members; h) The manner in which the rules shall be amended, varied or rescinded; i) The manner in which the members of the executive and other office-bearers of the trade union be appointed and removed; j) The safe custody of funds of the trade union, and annual audit of the accounts thereof, and ies for the inspection of the account book by the office-bearers and members of the trade;and k) The manners in which the trade union may be dissolve.

Change of name (secs. 23,25&26)

Any registered trade union may, with the consent of not less than 2/3rds of total number of its members, change its name (Sec. 23). Notice in writing of the change signed by the secretary and by members of the trade union shall be sent to the Registrar [Sec. 25(1)]. If the proposed name is not identical

with that of any existing trade union, the Registrar shall register the change of name in the register referred to in Sec. 8 [Sec. 25(2)]. The Registrar shall, if he is satisfied that the provisions of the Act in respect of change of name have been complied with, register the change of name in the register referred to in Sec. 8, and the change of name shall have effect from the date of such registration [Sec. 25(3)]. The change in the name does not effect any rights or obligations of the trade union or render defective any legal proceeding by or against the trade union [Sec. 26(1)].

Registered office (sec. 12)

All communications and notices to be 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 14 days of such change to the Registrar in writing, and the changed address shall be recorded in the register maintained by the registrar under Sec. 8.

 Who may become members (sec. 21)

Any person who has attained the age of 15 years may be a member of a registered trade union.This is subject to any rules of the trade union to the country. Any such member, subject to the rules of the trade union, may enjoy all the rights of

member and execute all instruments and give all acquittances necessary to be executed or given under the rules (Sec. 21). But he cannot be an officer of the trade union until he attains the age of 18 years [Sec.21-A(1)(i)].

Can every employee become member of tarde union?

It is only persons engaged in or business(which includes an industry) who can form a trade union or become members of a union. As such persons employed in a Raj Bhawan for domestic and others duties cannot form trade union [Randaswamy v. Registrar of Trade Unions, (1981) 1 L.L.J. 599]. Likewise the government servants engaged in the task of soverign and regal functions are not entitled to the registration

of a trade union [Tamil Nadu Non-Gazetted Officers Union, Madras v. Registrar of Unions Madras, (1972) 1 L.L.J. 153] .