Wednesday 27 February 2013

Trade Unions


Section 2(h) of the Trade Unions Act, 1926, defines trade unions as: 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.

Registration of trade unions:

Any 7 or more members of a trade union may apply for its registration by sending an application to the Registrar containing details as per the names, occupation and addresses of persons applying, name of the trade union and address of its registered office and details of the office bearers along with a general statement of assets and liabilities[1]. The registrar will register the trade union if he is satisfied that it fulfils all the requirements of the Act[2] and issue a certificate of registration in a prescribed form[3].

Rights and liabilities of a registered trade union

Rights

(1)    Constitution of a separate fund for political purposes- section 16

(2)    Immunity from liability in criminal conspiracy- section 17

(3)    Immunity from civil suits in certain cases- section 18

(4)    Agreements between members in restraint of trade not void or voidable- section 19

(5)    Right to inspect books- section 20

(6)    Right of minors above 15 years of age to membership- section 21

Liabilities

(1)    General funds to be spent only for specific purposes- section 15

(2)    Disqualification of office bearers- section 21-A



[1] Section 5
[2] Section 8
[3] Section 9

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