Trade Unions Act - Definition; Recognition & Registration

This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.

1. TRADE UNIONS ACT DEFINITION, REGISTRATION & RECOGNITION OF TRADE UNIONS BY ADV. CAROLINE ELIAS

2. TRADE UNION - Definition U/ sec. 2(h) , any combination – (a) for regulating the relation between: ( i ) workmen & employers (ii) workmen & workmen (iii) employers & employers (b) imposing restrictive conditions on the conduct of any trade / business can be said to be a trade union. Such combination may be temporary & will include any federation of two or more trade unions. The definition makes it clear that the combination or association must be by the persons engaged in trade, business or industry . The term “ workmen ” means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.

3. Whether Civil Servants can register Trade Union? In TamilNadu Non- Gazetted Govt. Officers’ Union, Madras V. Registrar of Trade Union(1962) To entitle such registration, that must be “workmen” engaged in trade, business or industry & obviously the appellants do not have such capacity, since they are civil servants engaged in the tasks of the sovereign & regal aspects of the Govt. REGISTRATION OF TRADE UNIONS:- A registered Trade Union will be entitled to the various benefits, protections and immunities provided under the Act. Hence the sponsor members of Trade Union, even though not compelled, are tempted to register the same under the Act. The registration entitles the union to represent the workers who are its members.

4. Registration of trade unions - Not compulsory Trade Unions Act does not makes it mandatory that every union / association must be registered u/ the Act. An Un-Registered Union would not be illegal It is because Fundamental Right u/ART. 19(1)(C) allows to form unions If registered, it will get immunities, privileges & other rights The National Commission on Labour recommends for compulsory registration of trade unions as it will bring in all the unions u/uniform regulation, and would result in qualitative improvement in their organisation and functioning

5. Recognition of trade unions: Trade unions Act does not provide compulsory recognition of Trade Unions. Recognition thus remains a matter of discretion of the employer . Trade Union (Amendment) Act 1947, even though envisaged for compulsory recognition of Trade Unions, was not carried into effect The 1950 Trade Union Bill for the above purpose also lapsed. The recognition of a trade union is different from its registration. A Registered Trade union u/ the Act is entitled to all the protections and rights contemplated by the Act even if it is not recognised by the employer. The recognition once granted cannot be withdrawn illegally or without complying with the rules of natural justice.

6. RIGHTS OF RECOGNISED TRADE UNIONS:- (1) To represent workers in collective bargaining (2) To raise issues & enter into agreement with employers on matters relating to employment. (3) To collect membership fee & subscriptions payable by members to the union within the premises. (4) To put up notice board in the premises, & affix notices about meetings and other announcements. (5) To discuss with employer the grievances of the workers. (6) To inspect the place of work. (7) To nominate its representatives to the grievance committee or statutory & non-statutory bipartite committees.

7. Sec. 3 --- appointment of registrar The appropriate Govt. shall appoint a person to be the Registrar of Trade Union for each state. Govt. may appoint Additional/Deputy Registrar if it thinks fit. (for specified territorial jurisdiction) The Registrar has full jurisdiction to enquire about legality of new election of the office bearers of a Trade Union, for maintaining a proper registrar showing the names of the office bearers. PROCEDURE AND FORMALITIES FOR REGISTRATION OF TRADE UNION :- After 2001 amendment of Sec. 4 , the minimum no. of members of a trade union who may apply for registration of Trade Union is raised to 10 if the aggregate (total) of members of workmen who are members to such trade union is 100 or less .

8. In all other cases, minimum no. of members will be 7. Application for Registration shall be made in Form A (i.e. Rule 3 of the Central Trade Union Regulations, 1938) Subsequent to application, but before Registration , if some applicants (not exceeding half of no. of applicants) originally applied, have ceased to be members of union or have turned against the union, it will not render the application invalid . Application must include the following :- submitted to Registrar (1) It shall be accompanied by a copy of rules of the trade union (2) And statement as to- names, addresses & occupations of the applicants and office bearers of trade unions, the name of trade union & address of its head office. (3) It must mention – the object, purpose, maintenance of members list, subscription (minimum 25 paise ), manner of dissolution etc. *An establishment can form as many trade union.

9. DUTIES OF A REGISTRAR : (1) To verify and to undertake thorough scrutiny as to whether the application & rules are in compliance with the provisions [Sec.5 & 6] (2) To check they are in consistent with rules framed by appropriate Govt. (3) U/ sec. 7(1) Registrar have power to call for any further information from the applicant for not refusing the application. (4) If name specified in application is identical with an existing Trade Union, Registrar shall require the applicants to change the name of Trade union. If it is closely resembling to an existing one, Registrar shall refuse the registration of Trade union until such alteration in the name of the union is effected.

10. (5) The Registrar may then enter in the prescribed register (as per Form B Rule 4 of Central Trade Union Regulations, 1938) the particulars relating to applied Trade Union. (6) On such registration, the Registrar shall issue a certificate of Registration (It is a conclusive proof for Registration) (7) If after 3 months of receipt of application to the Registrar, no action is taken, it amounts to non-exercise of a statutory duty & therefore Writ under Art. 226 of the Constitution , directing the Registrar to perform this statutory can be issued.