Trade union -2

Priyanka H Mehta
 Introduction
 Definition and objectives

 growth of Trade Unions in India

 trade Unions Act, 1926 and Legal

framework
 Union recognition

 Union Problems

 Employees Association-Objective,

Membership
 Financial Status.
 An organization whose membership consists of workers and union
leaders, united to protect and promote their common interests.
 The principal purposes of a labor union are to negotiate wages and
 working condition terms,
 regulate relations between workers (its members) and the
 employer, take collective action to enforce the terms of collective
 bargaining, raise new demands on behalf of its members, and
 help settle their grievances. A trade union may be:
 A company union that represents interests of only one company and may
not have any connection with other unions. Also called house union, a
company union is often a bogus one and generally illegal.
 A general union that represents workers from several companies in
the same industry. Also called industrial union.
 A craft union that represents skilled workers in a particular field such
as carpentry or welding.
 The scope of the term ‘Trade Union’ has been examined in the case
of Registrar, Trade Unions Vs M. Mariswamy21, it was contended
that Mysore State Employees Provident Fund was not a trade union
within the meaning of section 2(h) of the Trade Unions Act of the
1926. Rejecting the contention a single judge of the Karnataka High
Court observed that “if the set section is analyzed, it will be cleared
that any combination whether temporary or permanent will be a
trade union, if it is formed primarily for one of the following
 purposes:
 to regulate the relations between the workmen and employers;
 to regulate the relations between the workmen and
 workmen; to regulate the relations between employers and
employers
for imposing restrictive conditions on the
conduct of any trade business.
 During this phase the inception of trade unions took place. During this
period, the working and living conditions of the labor were poor and
their working hours were long. Capitalists were only interested in their
productivity and profitability. In addition, the wages were also low and
general economic conditions were poor in industries. In order to
regulate the working hours and other service conditions of the Indian
textile laborers, the Indian Factories Act was enacted in 1881. As a
result, employment of child labor was prohibited The growth of trade
union movement was slow in this phase and later on the Indian
Factory Act of 1881 was amended in 1891. Many strikes took place in
the two decades following 1880 in all industrial cities. These strikes
taught workers to understand the power of united action even though
there was no union in real terms. Small associations like Bombay Mill-
Hands Association came up by this time.
 This phase was characterized by the development of organized
trade unions and political movements of the working class.
Between 1918 and 1923, many unions came into existence in the
country. At Ahmedabad, under the guidance of Mahatma Gandhi,
occupational unions like spinners’ unions and weavers’ unions
were formed. A strike was launched by these unions under the
leadership of Mahatma Gandhi who turned it into a satyagrah.
These unions federated into industrial union known as Textile
Labor Association in 1920.In 1920, the First National Trade union
organization (The All India Trade Union Congress (AITUC)) was
established. Many of the leaders of this organization were leaders
of the national Movement. In 1926, Trade union law came up with
the efforts of Mr. N N Joshi that became operative from 1927.
During 1928, All India Trade Union Federation (AITUF) was
formed.
 The third phase began with the emergence of independent India (in
1947). The partition of country affected the trade union movement
particularly Bengal and Punjab. By 1949, four central trade union
organizations were functioning in the country:
 The All India Trade Union Congress,
 The Indian National Trade Union Congress,
 The Hindu Mazdoor Sangh, and
 The United Trade Union Congress
 The working class movement was also politicized along the lines of
political parties. For instance Indian national trade Union Congress
(INTUC) is the trade union arm of the Congress Party. The AITUC is the
trade union arm of the Communist Party of India. Besides workers,
white- collar employees, supervisors and managers are also organized
by the trade unions, as for example in the Banking, Insurance and
Petroleum industries.
 The Indian workforce consists of 430 million workers,
growing 2% annually. The Indian labor markets
consist of three sectors:
 The rural workers, who constitute about 60 per cent
of the workforce.
 Organized sector, which employs 8 per cent
of workforce, and
 The urban informal sector (which includes the growing
software industry and other services, not included in
the formal sector) which constitutes the rest 32 per
cent of the workforce.
 At present there are twelve Central Trade Union Organizations in
 India: All India Trade Union Congress (AITUC)
 Bharatiya Mazdoor Sangh (BMS)
 Centre of Indian Trade Unions (CITU)
 Hind Mazdoor Kisan Panchayat
 (HMKP) Hind Mazdoor Sabha (HMS)
 Indian Federation of Free Trade Unions (IFFTU)
 Indian National Trade Union Congress
 (INTUC) National Front of Indian Trade Unions
 (NFITU) National Labor Organization (NLO)
 Trade Unions Co-ordination Centre
 (TUCC) United Trade Union Congress
 (UTUC) and
United Trade Union Congress - Lenin
Sarani (UTUC - LS)
(1)This Act may be called the Trade Unions
Act, 1926.
(2)It extends to the whole of India.
(3)It shall come into force on such date as the
Central Government may, by notification in
the Official Gazette, appoint.
 In this Act 'the appropriate Government' means, in relation to Trade Unions
whose objects are not confined to one State, the Central Government, and in
relation to other Trade Unions, the State Government, and, unless there is
anything repugnant in the subject or context, -
 (a)"executive" means the body, by whatever name called, to which
the management of the affairs of a Trade Union is entrusted;
 (b)"office-bearer", in the case of a Trade Union, includes any member of
the executive thereof, but does not include an auditor;
 (c)"prescribed" means prescribed by regulations made under this Act;
 (d)"registered office" means that office of a Trade Union which is
registered under this Act as the head office thereof;
 (e)"registered Trade Union" means a Trade Union registered under this
 ( Act;
 f) "Registrar" means
-◦ (i) a Registrar of Trade Unions appointed by the
appropriate Government under section 3, and includes any
Additional or Deputy Registrar of Trade Unions; and
◦ (ii) in relation to any Trade Union, the Registrar appointed for
the State in which the head or registered office, as the case
may be, of the Trade Union is situated ;
 (g) "trade dispute" means any dispute between employers and
workmen or between workmen and workmen, or between
employers and employers which is connected with the employment
or non-employment, or the terms of employment or the conditions
of labour, of any person, and "workmen" means all persons
employed in trade or industry whether or not in the employment of
the employer withwhom the trade dispute arises; and
 (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, or 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 good-will
of a business or of instruction in any profession, trade or
handicraft.
 An Act to provide for the registration of Trade
Unions and in certain respects to define the law
relating to registered Trade Unions, Whereas it
is expedient to provide for the registration of
Trade Unions and in certain respects to define
the law relating to registered Trade Unions;
Appointment of Registrars. -
 (1)The appropriate Government shall appoint a person to be the
Registrar of Trade Unions for each State.
 (2)The appropriate Government may appoint as many Additional and
Deputy Registrars of Trade Unions as it thinks fit for the purpose of
exercising and discharging, under the superintendence and direction of
the Registrar, such powers and functions of the Registrar under this
Act as it may, by order, specify and define the local limits within which
any such Additional or Deputy Registrar shall exercise and discharge
the powers and functions so specified.
 (3)Subject to the provisions of any order under sub-section (2), where
an Additional or Deputy Registrar exercises and discharges the powers
and functions of a Registrar in an area within which the registered
office of a Trade Union is situated, the Additional or Deputy Registrar
shall be deemed to be the Registrar in relation to the Trade Union for
the purposes of this Act.
 (1) Any seven or more members of a Trade Union may, by
subscribing their names to the rules of the Trade Union and by
otherwise complying with the provisions of this Act with respect to
registration, apply for registration of the Trade Union under this Act.
 (2) Where an application has been made under sub-section (1) for
the registration of a Trade Union, such application shall not be
deemed to have become invalid merely by reason of the fact that,
at any time after the date of the application, but before the
registration of the Trade Union, some of the applicants, but not
exceeding half of the total number of persons who made the
application, have ceased to be members of the Trade Union or
have given notice in writing to the Registrar dissociating
themselves from the application.
 (1) Every application for registration of a Trade Union shall be made to
the Registrar, and shall be accompanied by a copy of the rules of the
Trade Union and a statement of the following particulars, namely: -
 (a)the names, occupations and addresses of the members making the
application;
 (b)the name of the Trade Union and the address of its head office;
 and
(c)the titles, names, ages, addresses and occupations of the
 office- bearers of the Trade Union.
(2) Where a Trade Union has been in existence for more than one year
before the making of an application for its registration, there shall be
delivered to the Registrar, together with the application, a general
statement of the assets and liabilities of the Trade Union prepared in
such form and containing such particulars as may be prescribed.
 Provisions to be contained in the rules of a Trade Union. -
A Trade Union shall not be entitled to registration under this Act,
unless the executive thereof is constituted in accordance with the
provisions of this Act, and the rules thereof provide for the
following matters, namely: -
 (a)the name of the Trade Union;
 (b)the whole of the objects for which the Trade Union has

been established;
 (c)the whole of the purposes for which the general funds of the

Trade Union shall be applicable, all of which purposes shall be

purposes to which such funds are lawfully applicable under this
 Act;

(d)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 the Trade Union;
 (e) the admission of ordinary members who shall be persons
actually engaged or employed in an industry with which the
Trade Union is connected, and also the admission of the number
of honorary or temporary members as office-bearers required
under section 22 to form the executive of the Trade Union;
 (ee) the payment of a subscription by members of the Trade
Union which shall be not less than twenty-five naye paise per
month per member;
 (f) the conditions under which any member shall be entitled to
any benefit assured by the rules and under which any fine or
forfeiture may be imposed on the members;
 (g) the manner in which the rules shall be amended,
varied or rescinded;
 (h) the manner in which the members of the executive

and the other office-bearers of the Trade Union shall be

appointed and removed;
 (i) the safe custody of the funds of the Trade Union, an

annual audit, in such manner as may be prescribed, of

the accounts thereof, and adequate facilities for the
inspection of the account books by the office-bearers
and members of the Trade Union; and
 (j) the manner in which the Trade Union may be

dissolved.
 (1) The Registrar may call for further information for the purpose of
satisfying himself that any application complies with the provisions
of section 5, or that the Trade Union is entitled to registration under
section 6, and may refuse to register the Trade Union until such
information is supplied.
 (2) If the name under which a Trade Union is proposed to be
registered is identical with that by which any other existing Trade
Union has been registered or, in the opinion of the Registrar, so
nearly resembles such name as to be likely to deceive the public or
the members of either Trade Union, the Registrar shall require the
persons applying for registration to alter the name of the Trade
Union stated in the application, and shall refuse to register the
Union until such alteration has been made.
 The Registrar, on being satisfied that the Trade
Union has complied with all the requirements of
this Act in regard to registration, shall register
the Trade Union by entering in a register, to be
maintained in such form as may be prescribed,
the particulars relating to the Trade Union
contained in the statement accompanying the
application for registration.
 The Registrar, on registering a Trade Union
under section 8, shall issue a certificate of
registration in the prescribed form which shall be
conclusive evidence that the Trade Union has
been duly registered under this Act.
 A certificate of registration of a Trade Union may be withdrawn or
cancelled by the Registrar -
 (a)on the application of the Trade Union to be verified in such manner
as may be prescribed, or
 (b)if the Registrar is satisfied that the certificate has been obtained by
fraud or mistake, or that the Trade Union has ceased to exist or has
wilfully and after notice from the Registrar contravened any provision of
this Act or allowed any rule to continue in force which is inconsistent
with any such provision, or has rescinded any rule providing for any
matter provision for which is required by section 6: Provided that not
less than two months' previous notice in writing specifying the ground
on which it is proposed to withdraw or cancel the certificate shall be
given by the Registrar to the Trade Union before the certificate is
withdrawn or cancelled otherwise than on the application of the Trade
Union.
 (1) Any person aggrieved by any refusal of the Registrar to register a
Trade Union or by the withdrawal or cancellation of a certificate of
registration may, within such period as may be prescribed, appeal, -
 (a)where the head office of the Trade Union is situated within the limits
of a Presidency-town, to the High Court, or
 (b)where the head office is situated in any other area, to such Court,
not inferior to the Court of an additional or assistant Judge of a
principal Civil Court of original jurisdiction, as the appropriate
Government may appoint in this behalf for that area.
 (2) The appellate Court may dismiss the appeal, or pass an order
directing the Registrar to register the Union and to issue a certificate of
registration under the provisions of section 9 or setting aside the order
for withdrawal or cancellation of the certificate, as the case may be,
and the Registrar shall comply with such order.
 (
 3) For the purpose of an appeal under sub-section (1) an appellate
Court shall, so far as may be, follow the same procedure and have
the same powers as it follows and has when trying a suit under
the Code of Civil Procedure, 1908 (5 of 1908), and may direct by
whom the whole or any part of the costs of the appeal shall be
paid, and such costs shall be recovered as if they had been
awarded in a suit under the said Code.
 (4) In the event of the dismissal of an appeal by any Court
appointed under clause (b) of sub-section (1), the person
aggrieved shall have a right of appeal to the High Court, and the
High Court shall, for the purpose of such appeal, have all the
powers of an appellate Court under sub-sections (2) and (3), and
the provisions of those sub-sections shall apply accordingly.
 All communications and notices to a 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 fourteen days
of such change to the Registrar in writing, and
the changed address shall be recorded in the
register referred to in section 8.
 Every registered Trade Union shall be a body
corporate by the name under which it is
registered, and shall have perpetual succession
and a common seal with power to acquire and
hold both movable and immovable property and
to contract, and shall by the said name sue and
be sued.
The following Acts, namely:
- (a) The Societies Registration Act, 1860 (21 of 1860),


 (b) The Co-operative Societies Act, 1912 (2 of 1912),

 (c) The Companies Act, 1956 (1 of 1956);
 shall not apply to any registered Trade Union, and the
registration of any such Trade Union under any such Act
shall be void.
 The general funds of a registered Trade Union shall not be spent on any
other objects than the following, namely: -
 (a)the payment of salaries, allowances and expenses to office-bearers
of the Trade Union;
 (b)the payment of expenses for the administration of the Trade Union,
including audit of the accounts of the general funds of the Trade Union;
 (c)the prosecution or defence of any legal proceeding to which the
Trade Union or any member thereof is a party, when such prosecution
or defence is undertaken for the purpose of securing or protecting any
rights of the Trade Union as such or any rights arising out of the
relations of any member with his employer or with a person whom the
member employs;
 (d)the conduct of trade disputes on behalf of the Trade Union or any
member thereof;
 (e) the compensation of members for loss
arising out of trade disputes;
 (f)allowances to members or their dependants on account of
death, old age, sickness, accidents or unemployment of such
 members;

(g)the issue of, or the undertaking of liability under, policies of

assurance on the lives of members, or under policies insuring
 members against sickness, accident or unemployment;

(h)the provision of educational, social or religious benefits for

members (including the payment of the expenses of funeral or
religious ceremonies for deceased members) or for the dependants
of members;
 (i) the upkeep of a periodical published mainly for the purpose of
discussing questions affecting employers or workmen as such;
 (j)the payment, in furtherance of any of the objects on which the

general funds of the Trade Union may be spent, of contributions to

any cause intended to benefit workmen in general, provided that
the expenditure in respect of such contributions in any financial
year shall not at any time during that year be in excess of one-
fourth of the combined total of the gross income which has up to
that time accrued to the general funds of the Trade Union during
that year and of the balance at the credit of those funds at the
commencement of that year; and
 (k)subject to any conditions contained in the notification, any other

object notified by the appropriate Government in the official

Gazette.
 (1) A registered Trade Union may constitute a separate fund, from
contributions separately levied for or made to that fund, from which
payments may be made, for the promotion of the civic and political
interests of its members, in furtherance of any of the objects
specified in sub-section (2).
 (2) The objects referred to in sub-section (1) are: -
 (a)the payment of any expenses incurred, either directly or
indirectly, by a candidate or prospective candidate for election as a
member of any legislative body constituted under the Constitution or
of any local authority, before, during, or after the election in
connection with his candidature or election; or
 (b)the holding of any meeting or the distribution of any literature or
documents in support of any such candidate or prospective
candidate; or
 (c) the maintenance of any person who is a member of any
legislative body constituted under the Constitution or of any local
authority; or
 (d)the registration of electors or the election of a candidate for
any legislative body constituted under the Constitution or for any
local authority; or
 (e)the holding of political meetings of any kind, or the distribution
of political literature or political documents of any kind.
 (2A) In its application to the State of Jammu and Kashmir,
references in sub-section (2) to any legislative body constituted
under the Constitution shall be construed as including references
to the Legislature of that State.
 (3) No member shall be compelled to contribute to the
fund constituted under sub-section (1); and a member
who does not contribute to the said fund shall not be
excluded from any benefits of the Trade Union, or
placed in any respect either directly or indirectly under
any disability or at any disadvantage as compared with
other members of the Trade Union (except in relation to
the control or management of the said fund) by reason
of his not contributing to the said fund; and contribution
to the said fund shall not be made a condition for
admission to the Trade Union.
 No office-bearer or member of a registered Trade
Union shall be liable to punishment under sub-
section (2) of section 120B Indian Penal Code (45
of 1860), in respect of any agreement made
between the members for the purpose of
furthering any such object of the Trade Union as
is specified in section 15, unless the agreement
is an agreement to commit an offence.
 (1)No suit or other legal proceeding shall be maintainable in any Civil
Court against any registered Trade Union or any office-bearer; or
member thereof in respect of any act done in contemplation or
furtherance of a trade dispute to which a member of the Trade Union
is a party on the ground only that such act induces some other person
to break a contract of employment, or that it is in interference with the
trade, business or employment of some other person or with the right
of some other person to dispose of his capital or of his labour as he
 wills.
(2)A registered Trade Union shall not be liable in any suit or other legal
proceeding in any Civil Court in respect of any tortious act done in
contemplation or furtherance of a trade dispute by an agent of the
Trade Union if it is proved that such person acted without the
knowledge of, or contrary to express instructions given by, the
executive of the Trade Union.
 Notwithstanding anything contained in any other law for the
time being in force, an agreement between the members of a
registered Trade Union shall not be void or voidable merely
by reason of the fact that any of the objects of the agreement
are in restraint of trade:
 Provided that nothing in this section shall enable any Civil
Court to entertain any legal proceeding instituted for the
express purpose of enforcing or recovering damages for the
breach of any agreement concerning the conditions on which
any members of a Trade Union shall or shall not sell their
goods, transact business, work, employ or be employed.
 The account books of a registered Trade Union
and the list of members thereof shall be open to
inspection by an office-bearer or member of the
Trade Union at such times as may be provided
for in the rules of the Trade Union.
 Any person who has attained the age of fifteen
years may be a member of a registered Trade
Union subject to any rules of the Trade Union to
the contrary, and may, subject as aforesaid, enjoy
all the rights of a member and execute all
instruments and give all acquittances necessary
to be executed or given under the rules.
 (1) A person shall be disqualified for being chosen as, and for
being, a member of the executive or any other office-bearer of a
registered Trade Union if -
 (i)he has not attained the age of eighteen years,
 (ii)he has been convicted by a Court in India of any offence
involving moral turpitude and sentenced to imprisonment, unless
a period of five years has elapsed since his release.
 (2) Any member of the executive or other office-bearer of a
registered Trade Union who, before the commencement of
the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964),
has been convicted of any offence involving moral turpitude
and sentenced to imprisonment, shall on the date of such
commencement cease to be such member or office-bearer
unless a period of five years has elapsed since his release
before that date.
 (3) In its application to the State of Jammu and Kashmir,
reference in sub-section (2) to the commencement of the
Indian Trade Unions (Amendment) Act, 1964 (38 of 1964),
shall be construed as reference to the commencement of this
Act in the said State.
 Not less than one-half of the total number of the office-
bearers of every registered Trade Union shall be
persons actually engaged or employed in an industry
with which the Trade Union is connected:
 Provided that the appropriate Government may, by
special or general order, declare that the provisions of
this section shall not apply to any Trade Union or class
of Trade Unions specified in the order.
 Any registered Trade Union may, with the
consent of not less than two-thirds of the total
number of its members and subject to the
provisions of section 25, change its name.
 Any two or more registered Trade Unions may
become amalgamated together as one Trade
Union with or without dissolution or division of the
funds of such Trade Unions or either or any of
them, provided that the votes of at least one-half
of the members of each or every such trade
Union entitled to vote are recorded, and that at
least sixty per cent of the votes recorded are in
favour of the proposal.
 (1) Notice in writing of every change of name of
every
amalgamation, signed, in the case of a
change of name, by the Secretary
and by and,
name, seveninmembers
the caseofofthe
an Trade Union changing
amalgamation, by the its
Secretary and
by seven members of each and every Trade Union which is a party
thereto, shall be sent to the Registrar, and where the head office of
the amalgamated Trade Union is situated in a different State, to the
Registrar of such State.
 (2) If the proposed name is identical with that by which any other
existing Trade Union has been registered or, in the opinion of the
Registrar, so nearly resembles such name as to be likely to deceive
the public or the members of either Trade Union, the Registrar
shall refuse to register the change of name.
 (3) Save as provided in sub-section (2), the Registrar shall, if
he is satisfied that the provisions of this Act in respect of
change of name have been complied with, register the
change of name in the register referred to in section 8, and
the change of name shall have effect from the date of such
registration.
 (4) The Registrar of the State in which the head office of the
amalgamated Trade Union is situated shall, if he is satisfied
that the provisions of this Act in respect of amalgamation
have been complied with and that the Trade Union formed
thereby is entitled to registration under section 6, register the
Trade Union in the manner provided in section 8, and the
amalgamation shall have effect from the date of such
registration.
 (1) The change in the name of a registered Trade
Union shall not a affect any rights or obligations of
the Trade Union or render defective any legal
proceeding by or against the Trade Union, and any
legal proceeding which might have been continued or
commenced by or against it by its former name may
be continued or commenced by or against it by its
new name.
 (2) An amalgamation of two or more registered

Trade Unions shall not prejudice any right of any of

such Trade Unions or any right of a creditor of
any of them.
 (1)When a registered Trade Union is dissolved, notice of the
dissolution signed by seven members and by the Secretary of the
Trade Union shall, within fourteen days of the dissolution, be sent
to the Registrar, and shall be registered by him if he is satisfied
that the dissolution has been effected in accordance with the rules
of the Trade Union, and the dissolution shall have effect from the
date of such registration.
 (2)Where the dissolution of a registered Trade Union has been
registered and the rules of the Trade Union do not provide for the
distribution of funds of the Trade Union on dissolution, the Registrar
shall divide the funds amongst the members in such manner as
may be prescribed.
 (1)There shall be sent annually to the Registrar, on or before
such date as may be prescribed, a general statement, audited in
the prescribed manner, of all receipts and expenditure of every
registered Trade Union during the year ending on the 31st day of
December next preceding such prescribed date, and of the assets
and liabilities of the Trade Union existing on such 31st day of
December. The statement shall be prepared in such form and shall
comprise such particulars as may be prescribed.
 (2)Together with the general statement there shall be sent to the

Registrar a statement showing all changes of office-bearers

made by the Trade Union during the year to which the general
statement refers, together also with a copy of the rules of the
Trade Union corrected up to the date of the despatch thereof
to the Registrar.
 (3) A copy of every alteration made in the rules of a registered
Trade Union shall be sent to the Registrar within fifteen days of
the making of the alteration.
 (4) For the purpose of examining the documents referred to in
sub-sections (1), (2) and (3), the Registrar, or any officer
authorised by him, by general or special order, may at all
reasonable times inspect the certificate of registration, account
books, registers, and other documents, relating to a Trade
Union, at its registered office or may require their production at
such place as he may specify in this behalf, but no such place
shall be at a distance of more than ten miles from the
registered office of a Trade Union.
 (1) The appropriate Government may make
regulations for the purpose of carrying into effect the
provisions of this Act.
 (2) In particular and without prejudice to the generality

of the foregoing power, such regulations may provide

for all or any of the following matters, namely: -
 (a) the manner in which Trade Unions and the rules

of Trade Unions shall be registered and the fees

payable on registration;
 (b) the transfer of registration in the case of any

registered Trade Union which has changed its

head office from one State to another;
 (c) the manner in which, and the qualifications
of persons by whom, the accounts of registered
Trade Unions or of any class of such Unions shall
be audited;
 (d) the conditions subject to which inspection of

documents kept by Registrars shall be allowed

and the fees which shall be chargeable in
respect of such inspections; and
 (e) any matter which is to be or may

be prescribed.
 (1) The power to make regulations conferred by section 29 is
subject to the condition of the regulations being made after
previous publication.
 (2)The date to be specified in accordance with clause (3) of
section 23 of the General Clauses Act, 1897 (10 of 1897), as that
after which a draft of regulations proposed to be made will be
taken into consideration shall not be less than three months from
the date on which the draft of the proposed regulations was
published for general information.
 (3)Regulations so made shall be published in the Official Gazette,
and on such publication shall have effect as if enacted in this Act.
 Any person who, with intent to deceive, gives to any
member of a registered Trade Union or to any person
intending or applying to become a member of such Trade
Union any document purporting to be a copy of the rules of
the Trade Union or of any alterations to the same which he
knows, or has reason to believe, is not a correct copy of
such rules or alterations as are for the time being in force, or
any person who, with the like intent, gives a copy of any
rules of an unregistered Trade Union to any person on the
pretence that such rules are the rules of a registered Trade
Union, shall be punishable with fine which may extend to
two hundred rupees.
 (1) If default is made on the part of any registered
Trade Union in giving any notice or sending any
statement or other document as required by or under
any provision of this Act, every office-bearer or other
person bound by the rules of the Trade Union to give or
send the same, or, if there is no such office-bearer or
person every member of the executive of the Trade
Union, shall be punishable, with fine which may extend
to five rupees and, in the case of a continuing default,
with an additional fine which may extend to five rupees
for each week after the first during which the default
continues:
 Provided that the aggregate fine shall not
exceed fifty rupees.
 (2) Any person who wilfully makes, or causes to
be made, any false entry in, or any omission from,
the general statement required by section 28, or
in or from any copy of rules or of alterations of
rules sent to the Registrar under that section,
shall be punishable with fine which may extend to
five hundred rupees.
 Any person who, with intent to deceive, gives to any
member of a registered Trade Union or to any person
intending or applying to become a member of such Trade
Union any document purporting to be a copy of the rules
of the Trade Union or of any alterations to the same
which he knows, or has reason to believe, is not a
correct copy of such rules or alterations as are for the
time being in force, or any person who, with the like
intent, gives a copy of any rules of an unregistered Trade
Union to any person on the pretence that such rules are
the rules of a registered Trade Union, shall be punishable
with fine which may extend to two hundred rupees.
 (1) No Court inferior to that of a Presidency
Magistrate or a Magistrate of the first class
shall try any offence under this Act.
 (2) No Court shall take cognizance of any

offence under this Act, unless complaint thereof

has been made by, or with the previous sanction
of, the Registrar or, in the case of an offence
under section 32, by the person to whom the
copy was given, within six months of the date
on which the offence is alleged to have been
committed.
 Over the years, trade unions in India have been taken for a ride by
outside, political leaders. In the process, the interests of workers
and their aspirations have been totally neglected. The Trade Unions
Act, 1926, did not go for recognising a representative union. As a
result multiple unions have cropped up, often with blessings from
management and outsiders. The union finances have not been very
sound in the beginning. The average membership figures for each
union remain poor and have not improved. The forces of
liberalisation unleashed in early 90s have strengthened the hands
of employers in closing down unviable units. The new corporate
‘mantras’ productivity, performance, efficiency, survival of the fittest
have virtually pushed them to the wall-where their very survival
looks uncertain.
 Outside leadership has been playing a pivotal role in Indian Trade Union
Movement due to the inability of insiders to lead their movement. In
view of low education standards and poor command over English
language which is still the principal language of labour legislation and
negotiations, low level of knowledge about labour legislation, unsound
financial position, fear of victimisation by the employer and lack of
leadership qualities-outside leaders have come to stay. The main
reason for this trend is that the Trade Unions Act, 1926,[India] itself
provided the scope for outside leadership.
 Section 22 of the Act requires that ordinarily not less than half of the
officers of the re-registered union shall be actively engaged or
employed in an industry to which the union relates.
 Thus, this provision provides the scope for outsiders to the tune of 50%
of the office bearers. The Royal Commission of Labour (RCI) 1931,
recommended for the reduction of the statutory limit of outsiders from
1/2 to 1/3 but no efforts were taken in this direction.
 The evil effects of outside leadership analysed by National Commission on
Labour are as follows:
 Outside leadership undermined the purposes of Trade Unions and
weakened their authority. Personal benefits and prejudices sometimes
weighed more than unions.
 Outside leadership has been responsible for the slow growth of Trade
Unions.
 Internal leadership has not been developed fully.
 Most of the leaders cannot understand the worker’ problems as they do
not live the life of a worker.
 Even though outside leadership is permissible in the initial stages it is
undesirable in the long run because of many evils associated with it.
Political differences of leaders have been inhibiting the formation of one
union in one industry. Most of the Trade Union leaders fulfil their personal
aspirations with their knowledge and experience gained in the Trade
Unions.
 In view of the limitations of outside leadership, it is desirable to
replace the outside leaders progressively by the internal leaders.
The National Commission on Labour, 1969, also stated that
outsiders in the Trade Unions should be made redundant by
forces from within rather than by legal means. Both the
management and trade unions should take steps in this direction.
The steps may be:
 Management should assure that the victimisation will be at
zero level, even if the
 trade unions are led by insiders;
 Extensive training facilities in the areas of leadership
skills, management
 techniques and programmes should be provided to the
workers;
 Special leave should be sanctioned to the office bearers.
 The desire of political parties to have their
basis among the industrial workers;
 Person-cum-factional politics of the local
union leader;
 Domination of unions by outside leaders;
 Attitude and policies of the management,
i.e., divide and rule policy; and
 The weak legal framework of trade unions.

In view of the evil effects of inter-union rivalry and the problem of
formation of one union in one industry, it may be necessary to
consider the recommendations of National Commission on
Labour, 1969. The recommendations of NCL to minimise union
 rivalry are:
Elimination of party politics and outsiders through building up
 of internal of
Promotion leaders;
collective bargaining through recognition of
sole bargaining agents;
 Improving the system of union

recognition; Encouraging union security;

and
Empowering labour courts to settle inter-union disputes if they
are not settled within the organisation.
 MULTIPLE UNIONS:
 UNION RIVALRY:
 FINANCE
 LOW MEMBERSHIP
 HETEROGENEOUS NATURE OF LABOUR
 LACK OF INTEREST
 ABSENCE OF PAID OFFICE BEARERS
 OTHER PROBLEMS
Illiteracy:

Uneven growth:
 Trade Union must broaden their base membership in
unorganised sectors, which constitute about 92% of
workforce and IT sectors/BPO/Call Centres where
mostof the employment is coming attracting and
retaining new bread of workers by monitoring them.
 Trade Unions must reorient themselves:
 From political/ideology obsession to Business Union - Partners in
progress, sharing the gains.
 Protesting organisation to Partnering organisation
 Bureaucratic organisation to democratic and service
 organisation Complacency to struggle
 Power-hunger to service orientation
 United Labour
Front
 Efficient
Leadership
 Membership Fees
(Industrial Relations & HR Terms) an organization, other
th an a trade union, whose members comprise
employees of a singleemploying organization. The aims
of the assoc iation may be social, recreational, or
professional.
 Some
All Indiaof the employee
Insurance associations
Employees Association
 all india postal accounts employees association (aipaea)
 All India Railway Accounts Staff Association
 All India SC & ST Railway Employees Association
 All India Bank Employees Association (AIBEA)
 all india central ground water board employees
association
 All India Regional Rural Bank Employees Association
 Discuss Trade Unions and its
significance?
 Briefly explain Trade Unions objectives
 Discuss growth of Trade Unions in India

 Give an account on trade Unions Act, 1926

 describe Legal framework of trade union Act, 1926

 How a trade Union is recognition. explain

 What are Union Problems? Discuss measures to

overcome?
 What is meant by Employees Association? Write a note on

3 employee associations prevail in India.

 Discuss Employees Association Objectives, Membership

and Financial Status. in brief.


 Prepare a note on trade union and its
whereabouts in a company of your
area.
 Prepare a album on recent union agitations
of your state/country.
 Collect profile, symbol and tagline of various
trade unions available in india.