INTRODUCTION

The Trade Union Act, 1926 is the important law related to Trade Unions in India. Industrial revolution
during the 19th century brought massive changes in England and other western countries. There are
radical changes in every process of manufacturing, the method of production, shipping, etc.revolution,
due to the IRevolution, which resulted in changes in the social life. Due to the scientific and technology
developments in the Industrial sector, there was a tremendous growth in every society, that caused the
emergence of two classes, namely the working class (wage earning class) and the Managerial Class
(entrepreneur class).1These two classes had conflicting interests and were striving hard to achieve the
same. The working class claimed higher wages and better working conditions while the entrepreneur
class demanded maximum production at minimum wages.
WHAT IS TRADE UNION? MEANING AND
DEFINATION
A Trade Union is commonly understood as an association of wage earners or workers. Usually it is a
voluntary association of workers in a particular industry or craft. Trade Union is an association of
wage earners for the purpose of maintaining and improving their working conditions. The definition
of ‘Trade Union’ according to the Trade Unions Act, 1926 is same as the definitions in the British
Trade Union Acts of 1871, 1875 and 1913.
Section 2(h) of the Trade Unions Act, 1926 defines Trade Union as “any combination whether
temporary or permanent, formed primarily:
for the purpose of regulating relation between:
• Workmen and employers; or
• Workmen and workmen; or
• Employers and employees.
RECOGNITION OF TRADE UNION
There is no specific provision for the recognition of the trade unions under the Trade Unions Act, 1926.
Hence, recognition is a matter of discretion in the hands of the employer. Provisions for the recognition of
trade unions were included in the Trade Union (Amendment) Act, 1947, but the act has not been
implemented. The Trade Union Bill, 1950 also provided for recognition of trade union (based on the largest
membership among the existing trade unions), but the bill lapsed due to dissolution of parliament
There are certain additional privileges and rights available for the recognized trade unions. Those are:
1. the right to sole representation of the workers in any collective bargaining;
2. to raise issues and enter into agreements with employers on general questions concerning the terms and
conditions of employment;
3. to collect membership fees and subscriptions payable by members to the union within the premises of
the undertakings or demand check off facility;
4. to put up notice board in the premises of the undertaking and affix notices relating to meetings,
statements of accounts and other announcements;
5. to discuss with employer the grievances of the workers; and
6. to nominate its representatives to the grievance committee or statutory and non-statutory bipartite
committees
.
REGISTRATION OF TRADE UNION
The main object of the Trade Unions Act, 1926 is to provide machinery for registration and
regulation of Trade Unions. Although registration of a trade union is not mandatory, it is
advisable to register the trade unions as the registered trade unions are entitled to get several
benefits, immunities and protection under the act. There are specific rights and privileges
conferred on the members of the registered trade unions. The members of the registered trade
unions are entitled to get protection, immunity and certain exceptions from some civil and
criminal liabilities. A trade union can only be registered under the Trade Unions Act, 1926,
and cannot be registered under any other act including the Societies Registration Act or the
Co-operative Societies Act or the Indian Companies Act.
IMMUNITIES OF TRADE UNION
The Trade Unions Act, 1926 confers certain privileges and immunities to the members and
leaders of the registered trade unions to enable them to carry out their legitimate trade union
activities without any fear or threat of civil or criminal action/liability. It is the most
important right without which the office bearers of the registered trade unions may not be
able to discharge their duties efficiently.
• Section 17 of the Act provides immunity from Criminal liability. According to this
provision, the office bearers of the registered trade unions are immune from criminal
liability for criminal conspiracy.
• Section 18 provides immunity from civil liability. According to this provision, the leaders
and office bearers of the registered trade unions are immune from civil suits in certain
cases, viz. contractual liability, tortuous liability etc.