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Trade unions comes as a result of growing industrialization in the country which causes lots of disputes in the industries, for the protection of workers in the industries trade unions formed by the workers who come together to achieve a common goals and for the collective bargaining.Trade Union were based on the principle of 'united we stand, divided we fall' , it means unity is strength where we United among people strength will increase but if we divided we loose our strength and easy to fall or break.
As the growing need of trade unions there was need of strict provisions to enact the trade unions objectives and provide justice . Therefore, Trade union Act 1926 come into force to protect the interests of workers and settle the unrest in the industries. This act states about the provisions in relation to definitions of trade unions, registration of trade union, legal benefits of registration etc.
Trade union is defined under this act in sec 2(h) as “A Trade Union is a combination whether temporary or permanent, formed for regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers”
Procedure for registration of trade unions:-
From section 3-9 talks about the registration of trade unions by different procedure and these procedures were defined under different sections of this act:-
Section 3:- The section 3 of the act provides the appointment of registrar by the appropriate government for the whole process of registration of trade unions. Further the appointment of additional and deputy registrar by the appropriate government so they can work on the behalf of registrar in the local limits.
Section 4:-Mode of registration
Sec 4(1) provides there will be minimum 7 or more number of people required to form a trade union but no maximum member limits prescribed.
The two conditions must be fulfilled before application of registration which are:-
(1) There will be minimum 7 person for filling an application.
(2) There will be 100 or 10% people are required as employed which ever is less.
Further in sec 4(2) states that the application is not invalid if any of the member left after the application for registration but before the registration.
But when the number of members more than a half gives a notice to registrar from disassociation themselves from the application than that application become invalid.
In the case of Tirumala Tirupati Devsthanam it held that employee of water supply and electricity board in Tirupati Devsthanam trust made a union of 200 people and registered themselves under the trade union later Tirumala Tirupati Devsthanam took a stand that employee working in religious place cannot come under definition of workmen under the trade union act and therefore this registration is not justified. The petition was filed before Supreme court & it was held that it’s not necessary to work under an industry only, to comes under the definition of workmen .
Section 5:- Application for registration
Every application for registration should be made before the registrar of trade unions with a copy of rules of trade union and the details of its members as follows:-
● The Name, address and occupation of the members who made an application.
● The name of the trade union as well as it’s address of registered office .
● The name, titles ,age ,occupation and address of the person who is office bearer( any member of trade union executive other than auditor)of trade union
● Where the trade union is established for an year there will be copy of assets and liabilities should be submitted to registrar attached with application for registration.
Section 6:- provisions to be contained in the rules of trade union:- this rules act as an Memorandum of understanding in registration of company similarly for registration of trade union these rules should be made in the application.
Rules of trade union are:-
● Name of trade union
● Trade union objective
● The manner of using its general fund
● Protection of general fund
● List of its members
● The condition on which the members can get benefits and can be imposed fine for any illegal act.
● Tenure of its executive members and office bearer should not be more than 3yrs from the date of being elected.
● The Manner by which member and office bearer should be elected or removed.
● The manner in which rules should be amended.
● The manner in which union can be dissolved.
Section 7 :- power to call for further particulars and requires to alteration of trade union name
(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) He may also call to change the name of trade union as the given name may be identical to the other existing trade union name.
Section 8:- Registration
If the registrar is satisfied with the requirements provided in the application he will register the Trade union under the Trade Union Act ,1926.
In the case of Northern central railway employee Sangha and ors.the court held that it’s only the competency of statutory body selected by the trade union act whether an union is rightly registered or not nor the competency of police.
In the case of R.K.Women’s union the question before the Court was whether it’s an obligation to the registrar to hear a union before giving order under Section 8 of this act ,the Court held that it’s not obligatory for the registrar to hear once he was satisfied with the requirements of the application for registration.
Section 9:- certificate of registration
The Registrar, on registering a Trade Union under Section 8, shall issue a certificate of registration in the prescribed form under Section 9 of the Act. The certificate will act as conclusive evidence that the Trade Union has been duly registered under this Act.
In the case of Telco workers the court held that registrar have no power to adjudicate between the dispute between the parties of trade union but he can take this fact into consideration for the dissolution of trade union under section 10 of this act.
[d] (1996) IIILLJ 362 SC
[e] (2017), MANU/UP/0365/2017
[d] AIR 1967 Cal 507
[e] Telco Workers Union v. State of Jharkhand, 2015 II LLJ 448 (Jhar).