TRADE UNION IN INDIA

GROUP MEMBERS

SHAILENDRA SINGH MANU PILLAI SAAD SHAIKH DEEPALI JAJOT CHETAN KHALE BHUPESH ATTARDE

CONTENTS
Introduction Definition Registration of trade union Cancelation of registration and appeal Rights and privileges of a Trade Union Amalgamation Of Trade Union Penalties Conclusion

INTRODUCTION
A trade union in common parlance, means an assosiation of workers in a particular craft or indusrty. In a strictly legal sence it means an assosiation formed primarily for the purpose of regulation the relation between workmen and employer or between workmen and workmen or between Employers and Employer. Its main function is to enable the workers to act together, the individual by himself being in a weak bargaining position to negotiate with employers, that is , to make possible collective bargaining.

DEFINITION
Trade union [sec.2(h)]:- It means any
combination , whether temporary or permanent formed(a)between workmen and employers, (b)between workmen and workmen, (c)between employers and employers Registered trade union {sec.2(e)}:- It means a trade union registered under the act.

Appropriate Government (Sec 2):- In relation to trade union whose objectives are not confined to one state, the appropriate government means the Central Government. In relation to other trade union the Appropriate Government Means the state Government.
Executive[Sec 2(a)]:- Executive means the body by whatever name called, to which the management of the affairs of a trade union is entrusted.

REGISTRATION OF TRADE UNION.

Mode Of Registration (Sec 4):Application of registration :- Any 7 or more members of a trade union may, by subscribing their names to the rules of the trade union & by otherwise complying with the provisions of the Act with respect to registration, apply for its registration [Sec 4(1)]

Application for registration to registrar:- (a) The name, occupations and

addresses of the members making the application. (b) The name of the trade union and addresses of its Head Office. (c) The titles Name, Ages, Addresses & Occupation of the trade union.

Rules Of Trade Union(Sec 6)

(a) The name of the (b) The whole of its object (c) The whole for the purpose for which the general funds of the trade union shall be applicable under Sec 15 (d) The manner in which the trade union may dissolved .

Power To Call For Further Particulars And to Require Alteration Of Name:- The registrar may call
for the further information for the purpose of satisfying himself that an application for registration complies with the provision of Sec 5 or that of trade union entitle to registration under Sec 6.

REGISTRATION(SEC 8)
Certificate Of Registration (Sec 9):- The Registrar on
registering a Trade Union under Sec 8 shall issue a certificate of registration in the prescribed form.

Characteristics Of Registered Trade Union On Incorporation (Sec 13):(1) It has Perpetual succession and common seal. (2) It has power to acquire and hold both moveable and immoveable property. (3) It has the power to contract.

Who May Become Members (Sec 21):- Any person

who has attained the age of 15 years may be a member of a register trade union. This is subject to any rules of the trade union to the contrary. Any such member, subjected to the rules of the trade union may enjoy all the rights of a member and execute all instruments and give all aquittances necessary to be executed or given under rules sec 21. But he cannot be an office bearer of the trade union until he attains the age of 18 years [Sec 21-A(1)(i)]

CANCELATION OF REGISTRATION AND APPEAL

Cancelation Of Registration (Sec 10):- 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 the prescribed manner (b) If the Registrar is satisfied that the certificate has been obtained by Fraud or Mistake. (c) If the Registrar is satisfied that the trade union (1) Ceased to exist (2) Wilfully contravened any provision of the act or (3) rescinded any rule which ought to be there

Appeal(sec.11):- If the registration of a trade

union is refused or if a certificate of registration is withdrawn or cancelled, any person aggrieved or the trade union appeal to the court within 60 days of the date on which the registrar passed the order against which appeal is made . Where the head office of a trade union is situated within the limits of a presidency town , the appeal lies to the high court.

RIGHTS AND PRIVILEGES OF A REGISTERED TRADE UNION

(1)Body corporate (2)Separate fund for political purpose (3)Immunity from civil suits (4)Enforceability (5)Rights to inspect books of trade union (6)Rights of minors to be members

FUNCTIONS OF TRADE UNIONS

Militant Functions To achieve higher wages and better working conditions To raise the status of workers as a part of industry To protect labors against victimization and injustice

REASONS FOR JOINING TRADE UNIONS

1. Greater Bargaining Power 2. Minimize Discrimination 3. Sense of Security 4. Sense of Participation 5. Sense of Belongingness 6. Platform for self expression 7. Betterment of relationships

PENALTIES
Failure to submit returns (sec.31):-If default is made on the
part of any registered trade union is giving any notice or sending any statement or other document as required by or under any provision of this act

Supplying false information regarding trade union:sometimes a person, with intent to deceive, gives to any person, with intending or applying or applying to become a member of such trade union Cognizance Of Offences :- No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act (sec.33(1)).

CONCLUSION
Thus the above given presentation was the brief explanation about the trade union in India, its Formation, Definition, Registration, Cancelation, Rights etc