Scribd
Upload
98 views

Employment Law - I (EL - I) : Prof. Parul Gupta

This document summarizes a lecture on registration of trade unions under the Trade Unions Act 1926. It discusses key aspects of the registration process including the appointment of registrars, eligibility for membership, application procedures, rules for trade unions, registration certificates, grounds for cancellation, rights of registered unions including immunity, and important court cases related to registration and immunity. The lecture also examines duties of trade unions, provisions for amalgamation and dissolution, penalties for offenses, and major amendments to the Act.

Uploaded by

Poyal Biswas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
98 views

Employment Law - I (EL - I) : Prof. Parul Gupta

This document summarizes a lecture on registration of trade unions under the Trade Unions Act 1926. It discusses key aspects of the registration process including the appointment of registrars, eligibility for membership, application procedures, rules for trade unions, registration certificates, grounds for cancellation, rights of registered unions including immunity, and important court cases related to registration and immunity. The lecture also examines duties of trade unions, provisions for amalgamation and dissolution, penalties for offenses, and major amendments to the Act.

Uploaded by

Poyal Biswas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 24

Post Graduate Programme in Human Resource Management

(PGPHRM)
1

EMPLOYMENT LAW I
(EL I)
Prof. Parul Gupta
PhD (Faculty of Law-JMI, New Delhi), LL.M., PGDBM

Dr. Parul Gupta

SESSION 7
2

The Trade Unions Act, 1926


Registration of the trade unions,
Cancellation of the trade unions
Rights and duties of the registered

trade unions provide by the Act


Case Analysis Report Group Three
Dr. Parul Gupta

Registration of Registration of Trade


Unions
3
Appointment of Registrar
State govt
Appoints for the state
May appoint many additional and deputy
registrars for the same state
Defines the local limits within which the
appointed
registrar,
additional
and
deputy registrars exercise and discharge
the powers and functions so specified.
Dr. Parul Gupta

Registration of Registration of Trade


4
Unions
Mode of Registration - Section 4

Any seven or more members of a trade union may


subscribe their names to apply for registrations of
trade union.
Withdrawal or cessations of more than half of the
members who applied for registration.

Membership - Section 21

The Act permits any person who has attained the age
of 15 years to be a member of a registered Trade
Union and enjoy all the rights of a member.

Dr. Parul Gupta

Registration of Registration of Trade


5
Unions
Application for the Registration (Section 5)
Application for the registration is required to be sent
to registrar within seven days.
The application must
Carry the names, occupation and the address of the
members making the application.
propose the name of the trade union and also write the
address of its head office.
covey to the registrar, the titles, names, ages, addresses
and occupations of the office bearers of the trade union
Dr. Parul Gupta

Registration of Trade Unions


6

Rules of Trade Union - Section 6


The

trade union and its members provide


guidelines for the administration and its rules
provide the following matters;
i.
ii.
iii.

iv.

the name of the Trade Union


the whole of its objects
the purpose for which the general funds of the trade
union shall be applicable
the maintenance of a list of members and adequate
facilities for the inspection there of by the office
bearers and members of the trade union.

Dr. Parul Gupta

Registration of Registration of Trade


7
Unions

the person to be admitted must be an employee in the


industry with which the trade union is connected.
admission of the number of honorary or temporary office
bearers to form the executive of the trade union.
the payment for the subscription shall be less than 25
paise per month per member.
conditions for the entitlement of any benefit or
imposition of fine on the member.
the manner of appointment and removal of the members
of the executive and other bearer of the trade union.
safe custody of funds annual audit of accounts, facilities
for the inspection of account books and the manner in
which the trade union may be dissolved

Dr. Parul Gupta

Registration of Registration of Trade


8
Unions
Alteration of Name (section 7)
application if the name under which a Trade Union is
proposed to be registered is;
i. identical with that by which any other existing Trade

Union has been registered or,


ii.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.

Demand of additional information by Registrar


(Section 5)
Dr. Parul Gupta

Registration of Registration of Trade


9
Unions
Registration (Section 8)
Registration of the trade unions with the 'Registrars of Trade

Unions' set up in different States.


The application is to be accompanied by a copy of the 'rules of

the trade union' as stated under section 6.


The Registrar, on being satisfied that the Union has complied

with all the requirements of this Act, registers the trade


union & issues a certificate of registration in the prescribed
form which is conclusive that the Trade Union has been duly
registered under this Act (Section 9).
Dr. Parul Gupta

Cancellation of Registration
10

Section 10
i. After receiving an application from Trade Union for the

cancellation or withdrawal of registration; or


ii. if the Registrar is satisfied that the certificate is obtained
by fraud of mistake; or
iii.if the trade union has ceased to exist; or
iv.wilfully contravenes the any provisions of the Act; or
v. Trade Union has rescinded any rule which ought to be
there .

at-least two months notice in written specifying the


ground on which it is proposed to take action.
Dr. Parul Gupta

Appeal
11

Section 11a
the members of the Trade Union can appeal to
Labour Court or an Industrial Tribunal, with
in jurisdiction, if Registrar of the Trade
Union;
i. denies registration of the Trade Union or
ii.withdraws the registration

Dr. Parul Gupta

Cancellation of Registration
12

Case 7.1: The union v Registrar


Steel Authority Employees' Union ... vs The Deputy
Registrar Of Trade

Discussion Point
Was the cancellation of the registration of the
Union, illegal?

Dr. Parul Gupta

Cancellation of Registration
13

Judgment
The cancellation order has neither been supplied and
communicated to the plaintiffs' union nor the same was filed
in the court. Hence, there was no occasion for the plaintiffs
to prefer an appeal against the cancellation order alleged to
be passed by defendant no. 1. The defendant no. 1 even failed
to disclose as to when registration of plaintiffs' union was
cancelled.

The union was declared as the duly registered trade


union under the provisions of The Trade Unions
Act, 1926 and the letter dated 30.04.2010 is
declared illegal and null & void.
Dr. Parul Gupta

Miscellaneous Provisions
14

Registered office (Section 12)

All communications and notices to a registered Trade


Union are addressed to its registered office.
Notice of any change in the address of the head office is
required to be given within fourteen days of such
change to the Registrar in writing.

Change of name (Section 23, 25 and 26)

with consent of at least 2/3rd of the total number of the


members of the union.
the notice of change of name to the registrar is
required to be in writing and signed by the seven
members and the Secretary of the union

Dr. Parul Gupta

Characteristics of Registered Trade


15
Union
on Incorporation
Section 13
Trade Union - A Body Corporate

Registered Trade Union will have perpetual


succession that means it will survive even after the
death of the members of the Trade Union.
Every registered Trade Union will have common seal.
Every registered Trade Union can acquire and hold
both movable and immovable property.
Every registered Trade Union can sue others.
Every registered Trade Union can be sued by others
also.

Dr. Parul Gupta

Disqualifications of Office-Bearers of
16
Trade Unions

Section 21A
i. he has not attained the age of 18 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 5 years has elapsed since his release.

Dr. Parul Gupta

Rights of a Registered Trade Union


17

Constitution of a separate fund


Registered trade union a body corporate

(Section 13)
Construction of separate fund for political
purposes (Section 16)
Enforceability of agreements (Section 19)
Right to inspect books of Trade Union (Section
20)
Rights of minors to membership of Trade
Unions (Section 21)
Dr. Parul Gupta

Immunity to a Registered Trade Union


18

Case 7.2: IEM v T M Nagarajan


Indian Express Newspapers ... vs T.M.
Nagarajan
Discussion Point
Whether the defendants being the members
of a registered trade union were entitled to
immunity provided under Section 17?

Dr. Parul Gupta

Immunity to a Registered Trade Union


19

Judgment

Dr. Parul Gupta

Immunity to a Registered Trade Union


20

Immunity from punishment for criminal conspiracy (Section 17)


Immunity from civil suit to certain cases (Section 18)
i.

ii.
iii.

iv.
v.

Delay in the matters relating to the trade disputes like contract of


employment, (is an agreement between an employer and an employee
which sets out their employment rights, responsibilities and duties.)
showing interest or interfering in matters of the trade or business.
showing interest or interfering in matters of the employment of the
persons.
showing interest or interfering in matters of the removal of labour.
showing interest or interfering in matters of compensating or
remunerating the employees
Immunity from the civil proceedings for tortuous act

Immunity from the vicarious liability (Section 18)

Dr. Parul Gupta

Immunity to a Registered Trade Union


21

Case: S & G Companies Wokers v A B Ltd.


Simpson & Group Companies Workers ... vs
Amco Batteries Ltd.
Discussion point
In the above mentioned circumstances, could
the union seek the immunity under section 18
of the Act to protect their collective bargaining
power?

Dr. Parul Gupta

Immunity to a Registered Trade Union


22

Judgment
The methods of persuasion are limited to oral and
visual methods i.e., the use of the voice and the
exhibition of placards and should not be extended
to physical obstruction of a vehicle or a person
which would be illegal. The workers may resort to
peaceful picketing i.e., the marching to and fro
before the premises of an establishment. Such acts
would constitute peaceful picketing and are
protected under Section 18. If the picketing ceased
to be peaceful or becomes a nuisance or endangers
public peace, it ceases to be lawful.
Dr. Parul Gupta

NEXT SESSION
23

SESSION 8
Duties

of Trade Unions
Provisions for amalgamation and
dissolution under the Act,
Rules dealing
with penalties for
offences against the Act.
Major Amendments in the Act till
date
Dr. Parul Gupta

24

Dr. Parul Gupta

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy