Trade Union Act 1926

A trade Union is- An organized association of workers in a trade, group of trades, or profession,
formed to protect and further their rights and interests.

Labour unions or trade unions are organizations formed by workers from related fields that work
for the common interest of its members. They help workers in issues like fairness of pay, good
working environment, hours of work and benefits. They represent a cluster of workers and provide
a link between the management and workers. The purpose of these unions is to look into the
grievances of wagers, present a collective voice in front of the management for settlement of
grievances, raising new demands on behalf of workers, Hence, it acts as the medium of
communication between the workers and management.

The Indian Trade Union Act, 1926, is the principle act which controls and regulates the
mechanism of trade unions. In India, political lines and ideologies influence trade union
movements. This is the reason why today political parties are forming and running trade unions.

An Act to provide for the registration of Trade Unions and in certain respects to define the law
relating to registered Trade Unions.

The Act extends to the whole of India except the State of Jammu and Kashmir.

Trade Union [Sec. 2(h)]: 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 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 -
(i) any agreement between partners as to their own business;
(ii) any agreement between an employer and those employed by him as to such employment; or
(iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in
any profession trade or handicraft.

Its object is the protection and promotion of the interests of the working class. Trade Unions have
a home grown philosophy based on workers' experience and psychology. It grows out of the
workers' day-to-day experience.

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

company and formed to help and protect their interests and welfare by collective action. Trade
union are the most suitable organisations for balancing and improving the relations between the
employees and the employer. They are formed not only to cater to the workers' demand, but also
for imparting discipline and inculcating in them the sense of responsibility.
They aim to:-
 Secure fair wages for workers and improve their opportunities for promotion and
training.

Safeguard security of tenure and improve their conditions of service.

Improve working and living conditions of workers.

Provide them educational, cultural and recreational facilities.

Facilitate technological advancement by broadening the understanding of the workers.

Help them in improving levels of production, productivity, discipline and high

standard of living.

Promote individual and collective welfare and thus correlate the workers' interests
with that of their industry.

to take participation in management for decision-making in connection to workers

and to take disciplinary action against the worker who commits in-disciplinary action.

Well known Central Trade Union Organizations in India:

Bharatiya Mazdoor Sangh (BMS)

All India Trade Union Congress.

Hind Mazdoor Kisan Panchayat.

5. Registered Trade Union [Sec. 2(e)]: A registered Trade Union means a 'Trade Union'
registered under the Act.

A trade union can be registered only when its constitution fulfils the following rules:

1. Name of the trade union;

2. The whole of the objects for which the trade union has been established;

3. The whole of the purposes for which the general funds of a trade union shall be applicable.

4. The maintenance of a list of the members of the trade union and adequate facilities for the
inspection thereof by the office-bearers and members of trade union;

5. The payment of a subscription by members of the trade union which shall be not less than 25
naya paise per month per member;

6. The manner in which rules will be amended varied and/or rescinded;

7. The manner in which the members of the executive and the other office-bearers of the trade
union shall be appointed and removed;
8. The manner in which the funds of the trade union shall be kept and audited and inspection of
the books of accounts by the office bearers and members of the trade union be made;

9. The conditions under which any member shall be entitled to have benefits under the rules and
under which fine or forfeiture shall be imposed on the members; and The manner in which the
trade union shall be dissolved.

Mode of Registration:

Any seven or more persons who want to form trade union, can apply for its registration to the
Registration of Trade Unions under Section 4 (1) of the Trade Unions Act, 1926. These applicants
must be members of a trade union.

Every application must be accompanied with the following particulars:

1. The names, occupations and addresses of the members making application.

2. The name of the trade union and the address of its head office.

3. The titles, names, ages, addresses and occupations of the office bearers of the trade union.

4. If a trade union has been in existence for more than one year prior to application of its
registration, a financial statement showing its assets and liabilities prepared in the prescribed form
has also to be submitted to the Registrar along with the application for registration.

5. Besides, every application must be accompanied with a copy of Rules of Trade union
complying with the items as specified under Section 6 of the Trade Unions Act, 1926.

Certificate of registration

According to section 9 of the Act, the registrar shall issue a certificate of registration to the trade
union after registration under section 8 which shall be conclusive proof that a trade union has been
duly registered.

Incorporation of registered trade union

According to section 13 of the Act, every registered trade union shall be a body corporate having a
common seal and perpetual succession with power to acquire and hold movable and immovable
property and shall by the said name sue and be sued.

Conclusion

The presence of trade unions establishes a healthy relationship between the employer and
workmen with a sense of responsibility towards each other. Trade unions define and channelize
the rights of the workers with pressure on the employer to not deceit them.
Labour law:

Labour law is the body of rules which regulate the relationships between workers, employers,
trade unions, employers' associations and the state. Labour law can regulate employment
contracts, minimum wages, working time, and non-discrimination, amongst other things.

One sub-set of labour law is employment protection legislation (EPL), which defines the limits
to the ability of firms to hire and dismiss workers, by setting the requirements to be respected
by the employer when dismissing workers and by defining the lawfulness of the dismissal.

Labour commission:

The first National Commission on Labour was set up on 24 December 1966. The Commission
submitted its report in August , 1969 after detailed examination of all aspects of labour problems,
both in the organised and unorganised sectors. National Commission on Labour is an Indian
statutory body to recommend the changes in the labour laws.

The organization of the Chief Labour Commission (Central) also known as Central Industrial
Relations Machinery is an apex organization in the country responsible for maintaining
harmonious industrial relations mainly in the sphere of central Government. In pursuance of the
recommendation of the Royal Commission on Labour in India, the organization was set up in
April, 1945 by combining the former organizations of the conciliation Officer (Railways),
Supervisor of Railway Labour and the Labour Welfare Advisor. It was then charged mainly with
duties of prevention and settlement of industrial disputes, enforcement of labour laws and to
promote welfare of workers in the industrial establishments falling within the sphere of the Central
Government. It started with a small complement of staff comprising Chief Labour
Commissioner(C) at New Delhi, 3 Regional Labour Commissioners at Bombay, Kolkata &
Lahore, 8 Conciliation Officers and 18 Labour Inspectors. The Conciliation Officers and Labour
Inspector were re-designated as Assistant Labour Commissioner (C) and Labour Enforcement
Officer (C).

Recommendations:

The interest on work depends upon proper inspiration from management how management can
impose upon the workers work, ethics and culture. It has been seen; many entities in Indian Work
scenario employ a worker for 12 to 15 hours in a day at this era of LPG. But in terms of wages
they have not adequately been compensated.