Trade Union

Introduction
A trade union, primarily, is a collection of workers in a given trade, industry, or company
who come together to negotiate an improvement in their jobs, benefits, working conditions,
or social and political status. Both employers and workers can form a trade union.

In India, all laws relating to trade unions are dealt with by the Trade Union Act of 1926.
Nonetheless, the Act does not require that all trade unions be registered, but it outlines the
registration procedures and privileges of registration

What Is a Trade Union?

As per section 2(h) of the Trade Union Act, 1926, trade union means any combination,
whether temporary or permanent, formed primarily to regulate the relations between
workmen and employers or between workmen and workmen, or between employers and
employers or to impose restrictions on the conduct of any trade or business. In general, a
trade union is an organization created to represent the interests of workers or employers.

Before 1926, the workers were not allowed to form any trade union. The trade unions of the
workers were illegal before 1926. The Trade Union Act of 1926 allowed the workers to form
a trade union for themselves.

Examples of some trade unions in India:

• All India Trade Union Congress (AITUC)
• Bhartiya Mazdoor Sangh (BMS)
• Indian National Trade Union Congress (INTUC)
• Hind Mazdoor Sabha (HMS)
• Self-Employed Women’s Association of India (SEWA)

Trade Dispute
A trade dispute means any dispute:

• between employers and workmen

• between workmen and workmen
• between employers and employers
Any such dispute as mentioned to be a Trade Dispute must also be associated with:

• the employment
• non-employment
• the terms of employment
• the conditions of labour of any person
The definition of Trade Dispute in this Act is almost similar to the definition of
Industrial Dispute given in the Industrial Disputes Act, 1947. In Trade Dispute, it is
necessary that there must be a demand from one party and refusal to accept those
demands by other party. There can be real and substantial between parties to such
dispute.
Registration of Trade Union
• Appointment of Registrars (Section 3)
• Mode of registration of trade union
• Application for Registration (Section 5)
• Rules for Registration of Trade Union (Section 6)
• Registration
• Certificate of Registration (Section 9)
• Advantages of Registration
• Cancellation of Registration (Section 10)
• Appeal (Section 11)
• Body Corporate (Section 13)
• The Objects on which General Funds may be spent (Section 15)
• Penalties and Procedure

Appointment of Registrars
As regards registration of a trade union, the Act empowers the appropriate Government to
appoint a person to be the Registrar of Trade Union for each state. The appropriate
Government may appoint as many additional and deputy registrar’s trade unions as it think
fit.

They shall work under the superintendence and direction of the Registrar. The appropriate
Government shall specify and define the local limits within which any additional and Deputy
Registrar shall exercise and discharge his powers and functions.

Mode of registration of trade union

The registration of a trade union can be made under this Section 4 of the Indian Trade Unions
Act, 1926 Act which says that any seven or more members of a trade union may by
subscribing by their names to the rules of trade union and by otherwise complying with the
provision of this Act with respect to registration, apply for registration of the trade union
Trade Union Legislation under this Act.

The section also provides that in case members applying for registration disassociate
themselves from the application, or cease to be members of the union, after the date of
application, but before the registration of the union and their number does not exceed half of
the total number of the persons applying, the application shall not be deemed to be invalid.

Application for Registration

For registration of a trade union, seven or more members of the union can submit their
application in the prescribed form to the Registrar of trade unions.atch on

The application shall be accompanied by a copy of the ‘rules of the trade union’ and a statement
giving the following particulars:

• Names, occupations and addresses of the members making the application;

• The name of the trade union and the address of its head office;
• The titles, names, ages, addresses and occupations of the office bearers of the trade union
as per the format given in the Trade Unions Act 1926.
Every application for registration of a Trade Union shall be made to Registrar. It shall be
accompanied by a copy of the rules containing matters as given in Section 6. It also contains
a statement of the following particulars.

• The names, occupations and addresses of members making the application

• The name of the Trade Union and the address of its head office; and
• The titles, names, ages, addresses and occupations of the officebearers of the Trade Union

Where a Trade Union has been in existence for more than one year before its registration, a
general statement of the assets and liabilities of the Trade Union in the prescribed form must
be submitted along with the application.

Registration
The Section 8 of the Indian Trade Unions Act, 1926 prescribes a duty on the Registrar to
register the trade union if all the requirements of the Act with regard to registration have been
complied with. The Registrar will, in such a case enter the particulars relating to the trade
union in a register maintained in the prescribed form.

The Registrar has the powers to examine whether the Union is to be registered or not and
after fulfilling the conditions prescribed in the Act and the Registrar will have to make the
registration of the trade union.

Where that is a dispute as to who are elected office bearers of trade union, it is not within the
jurisdiction of the Trade Union, to determine which of the rival group of office bearers the
real one is. In the absence of any provision in the Act such dispute has to be resolved in a
Civil Court.

Certificate of Registration
The Registrar, on registering a Trade Union, shall issue a certificate of registration which
shall be conclusive evidence that the Trade Union has been duly registered under the Act.

It is obligatory on the part of the Registrar to register a Trade Union provided the provisions
of the Act are complied with. He is not entitled to question whether the Union is lawful or
unlawful.

Advantages of Registration
Although it is not legally necessary for a Union to be registered, registration does provide it
with certain advantages. Some of the advantages gained by registration as given in Section 13
are as under:

• A Trade Union becomes a body corporate by name under which it is registered and it a
legal entity distinct from its members of which it is composed.
• It gives perpetual succession and common seal.
• It can acquire and hold both movable and immovable property.
• It can enter into a contract.
• It can sue and be sued in its registered name.

Cancellation of Registration
Power to withdraw or cancel registration of a Trade Union is given to the Registrar. The
Registrar can exercise the power in the following case, namely:
• On the application of the Trade Union for such a course
• Where the certificate of registration has been obtained by fraud or mistake
• Where the Trade Union ceased to exist
• Where the Trade Union has willfully and after notice from the Registrar allowed any rule
to continue in force which is inconsistent with the provision of this Act
• Where the Trade Union has willfully and after notice from the registrar violated any
provisions of this Act
• Where the primary objects of the Union are no longer statutory objects Where the Union
desires to have its certificate of registration withdrawn or cancelled, the Registrar on
receiving much application, must, before granting the application satisfy himself that the
withdrawal or cancellation was approved by a general meeting of the Trade Union or if it
was not so approved, it had the approval of the majority of the members of the Trade
Union.

The Registrar is not competent to cancel registration of a Trade Union without giving
requisite notice and giving an opportunity to the Trade Union to show cause against the
proposed action.

Rights and Liabilities of Registered Trade Union

Registered trade unions in India have specific rights and liabilities granted under the Trade
Union Act, 1926. These rights and liabilities are important for trade unions to function
effectively and represent the interests of their members.

Rights of Registered Trade Unions

1. Right to Legal Recognition: Registered trade unions are recognized as legal entities with
the right to sue and be sued in their own name. This legal recognition allows them to enter
into contracts, own property, and engage in legal proceedings.
2. Collective Bargaining: Trade unions have the right to engage in collective bargaining on
behalf of their members with employers or employer associations. This includes
negotiating for better wages, working conditions, and other employment-related matters.
3. Representing Members: Trade unions have the right to represent their members in
various forums, including labor disputes, disciplinary proceedings, and negotiations with
employers or government authorities.
4. Conducting Legal Proceedings: Registered trade unions can initiate and participate in
legal proceedings related to labor disputes, unfair labor practices, or other issues affecting
their members’ interests.
5. Right to Strike: Trade unions have the right to call for and organize strikes, subject to
certain legal restrictions and procedures. Strikes can be a powerful tool for advancing
workers’ demands.
6. Right to Lockout: In response to certain situations, employers have the right to declare a
lockout, and trade unions have the right to challenge the legality of such actions if they
believe they are unfair or illegal.
7. Participating in Labor Disputes: Trade unions can participate in labor disputes,
including strikes, lockouts, and industrial actions, to protect the interests of their members.
8. Political Contributions: Registered trade unions have the right to make political
contributions and engage in political activities, subject to certain legal limits and
regulations.

Liabilities of Registered Trade Unions

1. Compliance with Laws: Trade unions are obligated to comply with all applicable laws
and regulations. This includes adhering to the rules and regulations outlined in the Trade
Union Act, 1926.
2. Accountability: Trade unions must maintain proper accounts and financial records,
conduct regular audits, and submit audited financial statements to the Registrar of Trade
Unions.
3. No Restriction of Trade: Trade unions are not allowed to impose restrictions on the
employment of non-union members, and they cannot indulge in any unfair labor practices
that could hinder an individual’s right to work.
4. No Affiliation with Foreign Organizations: Trade unions are generally not allowed to
affiliate with or receive financial support from foreign trade unions or organizations
without the approval of the central government.
5. No Misappropriation of Funds: Trade unions are expected to manage their funds
responsibly and are prohibited from misappropriating or misusing funds meant for the
welfare of their members.
6. No Violence or Coercion: Trade unions must refrain from using violence, coercion, or
intimidation in pursuing their objectives or in labor disputes. They must engage in
peaceful and lawful means of achieving their goals.
7. Maintaining Records: Trade unions are required to maintain proper records of their
activities, membership lists, and other relevant documentation as per the Trade Union Act.

Powers of Registrar Under Trade Union Act 1926 (ChatGPT)

The Registrar of Trade Unions under the Trade Unions Act, 1926, has several important
powers that enable the regulation and oversight of trade unions in India. These powers
include:

1. Power to Register Trade Unions:

• Examination of Applications: The Registrar has the authority to examine and assess
applications submitted by trade unions for registration to ensure they meet the
statutory requirements.
• Grant or Refusal of Registration: The Registrar can grant registration by issuing a
Certificate of Registration if the application complies with the law. The Registrar also
has the power to refuse registration, providing written reasons for the refusal.

2. Power to Cancel Registration:

• Cancellation Authority: The Registrar can cancel the registration of a trade union
under certain circumstances, such as if the union was registered through fraudulent
 means, ceases to exist, or fails to comply with the provisions of the Act or its own
rules.
• Notice Requirement: Before canceling the registration, the Registrar must issue a
notice to the trade union and provide an opportunity for the union to present its case.

3. Power to Inspect Trade Union Records:

• Inspection of Records: The Registrar has the power to inspect the books of accounts,
records, and other documents of a registered trade union to ensure they are being
maintained according to the law and that the union is functioning properly.

4. Power to Enforce Submission of Annual Returns:

• Annual Returns: The Registrar can require trade unions to submit annual returns that
detail their membership, financial transactions, and other relevant information. The
Registrar has the authority to scrutinize these returns for accuracy and compliance.

5. Power to Adjudicate Disputes:

• Dispute Resolution: The Registrar may have the authority to resolve disputes
involving trade unions, particularly those related to internal administration, member
rights, or the application of the union's rules.

6. Power to Enforce Compliance:

• Ensuring Compliance: The Registrar has the power to enforce compliance with the
Trade Unions Act. This includes taking action against unions that violate the Act’s
provisions, such as failing to maintain proper records or engaging in prohibited
activities.

7. Miscellaneous Powers:
• Guidance and Directions: The Registrar can issue directions or guidelines to trade
unions to ensure they operate within the legal framework.
• Additional Powers: The Registrar may exercise other powers as prescribed by the
government or necessary for the effective administration of the Act.

These powers enable the Registrar to play a crucial role in the regulation and oversight of
trade unions, ensuring they operate in accordance with the law and serve the interests of their
members.

Under what circumstances a certificate of registration of a trade

union may be withdraw or cancelled ChatGPT
A Certificate of Registration of a trade union under the Trade Unions Act, 1926, can be
withdrawn or canceled by the Registrar under certain specific circumstances. These
circumstances are intended to ensure that trade unions operate legally and ethically. The key
grounds for withdrawal or cancellation include:

1. Obtaining Registration by Fraud or Mistake:

• If it is discovered that the registration of the trade union was obtained by fraud,
misrepresentation, or mistake, the Registrar has the authority to cancel the Certificate
of Registration. This could include providing false information or documents during
the registration process.
2. Cessation of Existence of the Trade Union:
• If the trade union ceases to exist, meaning it no longer functions as an organization or
its members have dissolved the union, the Registrar can cancel its registration. This
ensures that only active and functioning trade unions remain registered.

3. Failure to Comply with the Provisions of the Act:

• If the trade union fails to comply with the provisions of the Trade Unions Act, 1926,
or its own rules, the Registrar may cancel its registration. This includes failing to
submit required annual returns, maint
aining proper accounts, or adhering to the rules set out in the union's constitution.

4. Unlawful Activities:
• If the trade union is found to be engaged in unlawful activities that violate the
objectives stated in its constitution or the law, the Registrar may cancel its
registration.

5. Violation of Conditions for Registration:

• If the trade union violates any of the conditions under which it was registered, such as
changing its objectives to something not permitted under the Act, the Registrar can
cancel the registration.

6. Notice and Hearing Requirement:

• Before the Registrar can cancel or withdraw the Certificate of Registration, they are
required to provide notice to the trade union, informing them of the grounds for the
proposed cancellation or withdrawal.
• The Registrar must also provide the trade union with an opportunity to be heard. This
allows the union to present its case or remedy the situation before the final decision is
made

7. Appeal:
• If the registration is canceled or withdrawn, the trade union has the right to appeal the
decision to a higher authority, usually a court of law, depending on the provisions in
the Trade Unions Act or relevant state laws.
These provisions ensure that trade unions operate within the legal framework and maintain
their integrity, while also protecting the rights of the unions to fair treatment under the law.