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
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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
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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
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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
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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
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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
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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
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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,
[Link] 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
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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
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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
[Link] the trade union has ceased to exist; or
[Link] 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.
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Appeal
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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
[Link] the registration
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Cancellation of Registration
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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
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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
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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
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Characteristics of Registered Trade
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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
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Trade Unions
Section 21A
i. he has not attained the age of 18 years;
[Link] 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
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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
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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
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Judgment
Dr. Parul Gupta
Immunity to a Registered Trade Union
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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
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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
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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
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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
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Dr. Parul Gupta