Section 19: - Enforceability of agreement

In India it is the general principle that an agreement in the restraint of trade is void because it
is opposed to or in violation of public policy. The public in general have an interest in every
person carrying on his trade or business freely. Therefore, all restraints on individual liberty
to trade are declared void on the grounds of policy the above principle is affected by the
provisions of section 19 of the trade union act 1926.
According to this section an agreement between the members of a registered trade union in
restraint of trade shall not be void or voidable. It means agreements, made between the
members of a registered trade union not to accept employment unless certain conditions as to
pay, hours of work etc., are fulfilled, will not be void or voidable.
Proviso to section 19 itself prevents Civil Code from entertaining any legal proceedings
instituted for the express purpose of enforcing or recovering damages for breach of any
agreement concerning the conditions on which any members of a trade union shell or shall
not sell their goods transact business work employee or be employed.
Section 20: Right to inspect books of trade union.
Section 20 of the act provides the account books of registered trade union and the list of
members of trade union shall be opened to inspection by an officer or member of the trade
union.
Section 21: Right of minors to membership of trade union
Any person who has attend the age of 15 years may be a member of a registered trade union.
He shall enjoy all the rights of a member and executive all instruments and gave all
acquaintances necessary to be executed or given under the rules.
Although person on attending the age of 15 years may become a member of the trade union
but in view of the disqualification laid down in section 21-A he cannot be an office bearer of
the trade union until he attends the age of 18 years.
The trade union being a voluntary association is free either to admit or to refuse a person as
its member. A trade union has not only the right to admit a person as it's member, but also to
expel any of its members provided the rules of the trade union provide for such expulsion.
Search member must be given fair and adequate opportunity of being heard.
Section 21-A: Disqualifications of office bearers of trade union
Person shall be disqualified if following things are there:
1. Not attained the age of 18 years.
2. Has been convicted by a court of India of any offence involving moral turpitude
and sentence to imprisonment unless a period of 5 years eve has been elapsed
since his release.
Section 22- Proportion of office bearers to be connected with the industry.
Not less than 1/2 of the total number of the office bearers of every registered trade union in
an unorganised sector shall be persons engaged or employed in an industry with which the
trade union is connected.
An employee who has retired or has been retrenched shall not be constituted as outsider for
the purpose of holding an office in a trade union.
No member of the Council of Ministers or a person holding an office of profit shall be a
member of the executive or other office bearer of a registered trade union.
Section 23- Change of name
No trade union shall be registered under the name identical with the name of any other
existing trade union. Any registered trade union me with the consent of not less than 2/3rd of
the total number of its members change its name.
Section 24: amalgamation of trade unions
Any 2 or more registered trade unions may become amalgamated together as one trade union
without dissolution or division of funds of the trade unions. The votes of at least 1/2 of the
members of each and every such trade union entitled to vote must be recorded and also at
least 60% of the votes recorded must be in favour of the proposal of amalgamation.
Section 25 of the act requires that notice in writing of every amalgamation signed by the
secretary and by 7 members of each and every trade union which is a party there to shall be
sent to the registrar.
The registrar of the state if satisfied let the provisions of this act in respect of amalgamation
have been complied with and the trade union formed is entitled to registration, registered
trade union in the manner provided. The amalgamation shall have effect from the date of
registration.
Section 25:- Notice of change of name or amalgamation