2 3.

Explain ‘Unfair Labour’ practices on the part of employers and Trade Unions
4. Define the term ‘Trade Union’ with the help of decided cases.
5. Explain the provisions of Trade Union Act relating to the immunities available to
a registered Trade Union.
7. A Trade Union member who was poor but very popular and who has not
contributed to political fund requests the help from general fund for his election.
Trade Union refuses to help from general fund for his election Decide.
8. Define ‘Trade Union’. Examine the extent of immunities available to registered
trade union from civil and criminal liabilities.
9. Briefly explain the various privileges of a registered Trade Union
10. The registrar of Trade Union withdraw a certificate on the ground that it was
obtained by fraud. The trade union challenged the order of registrar. Advice
11. The workers of a registered trade union declared illegal strike . Due to illegal
strike employer sustained the loss. Employer filed a suit against the trade union
for the recovery of compensation. Will he succeed?
 TRADE UNION ACT, 1926
Introduction:- The roots of trade unionism in India can be traced back to the year
1890, when for the first time an association of mill workers was formed in the name
and style of Bombay Millhands Association. The Association was formed for the
redressal of grievances of the Bombay mills workers. The trade union movement in
India got impetus by the success of strikes in India and the world-wide uprising of
labour consciousness. The establishment of International Labour Organisation has
also influenced the growth to the trade union movement in our Country
The progress of the trade union movement in India in pre-independence days has
not been very satisfactory, but the post-independence days has not been very
satisfactory, but the post-independence has been a tremendous Trade Union activity in
every sphere of industry. Now there is hardly any category of workers which has no
Union or its own.
Mr. [Link], the then General Secretary of All India Trade Union Congress ,
successfully moved a resolution in the Central Legislative Assembly seeking
introduction of some measure by the Government for protection of Trade Unions.
the employers were so much opposed to any such legislative measure being
adopted that the passing of the Indian trade Union Act could only be possible in
1926, But this Act was enforced only from 1st June 1927.
The first act of labour movement is formation of trade Union. It is an
organization of workers that have manded together to achieve common goals such
as better working conditions. The Trade Union, through its leadership, bargains
with the employer on behalf of union members and negotiates labour contracts
with employers.
The activities of trade union of movements consists of:
1. Fighting for the benefits of members such as insurance of members against
unemployment, ill health, old age and funeral expenses;
2. Collective bargain over wages and working conditions;
3. Enforce strikes or resistance to lockouts in furtherance of particular goals; and
4. Potential activity to promote legislation favorable in the interest of workers
The original Trade Unions Act of 1926 made provisions in respect of-
i. Conditions governing the registered trade Unions .
ii. Obligation imposed upon a registered Trade Unions.
iii. Rights and privileges of a registered trade Union
The main Features of Trade Union Act, 1926 are :-
1. Registration of trade unions: the Act make provision for the Registrar of Trade
Unions. He is appointed by the appropriate government.
2. Rules to be made by the Trade Unions: This Act mentions the rules to be made
by the trade unions relating to objects for which the union has been established,
admission of members and the maintenance of the list of members etc.
3. Constitution of general fund and political fund: the union can provide fund
separately for the general fund and political fund and can use these funds for
the objects mentioned in the Act.
4. Amalgamation of registered trade Union :- the Act Provides for the
amalgamation of two or more registered trade unions to become one
without dissolution.
5. Dissolution of the registered trade unions:- A registered Trade Union may
also be dissolved according to the provisions of the trade Union Act, 1926.
6. Submission of returns:- Trade Unions should submit the returns as
mentioned in the Trade Unions Act, 1926.
7. Regulation:- the appropriate Government may make regulations for the
purpose of carrying into effect the provisions of the Act, 1926.
8. Penalties and Procedure:- the Act fixes the penalties for particular failure
noted in the Act and for supplying false information regarding trade unions.
9. Immunity to registered Trade Union: the Act provides immunity from civil
and criminal suits to the registered trade unions in respect of any agreement
made for the purpose of any object specified under the Act
 Registration of Trade Union
1. Explain the provisions of Trade Union Act 1926 relating to registration of
Trade Union.
2. . Discuss the provisions of Trade Unions Act, 1926 relating to Registration
and Cancellation of Trade Unions.
Section 3 to14 of the Trade Unions Act, 1926, deals with the Registration of
Trade Unions. The Act does not make it mandatory that every union or
association must be registered under the Act. Unregistered unions or
association would not in any way be illegal as Article 19(1) (c ) of the
Constitution of India guarantees the right to form association. However , if
the union or association is registered under the Act , it will get the
immunities, privileges and other rights contemplated under the Trade Union
Act, 1926 even it is not recognized by the employer.
According to Section 3 of the Act, the appropriate Government shall appoint
person to be he Registrar of Trade Unions for each State. The Government
may also appoint Deputy and Additional Registrars for assisting the Registrar.
 MODE OF REGISTRATION – Section 4
A Trade union may be registered , unregistered or a recognized trade Union. There
is basic distinction between these different trade Unions. The members of a
recognized and registered trade unions enjoy such benefits as the embers of an
unregistered Trade Union do not.
Essential conditions for registration of Trade Union:-
1. A trade union shall have on the date of making application not less than seven
persons as its members, who are workmen engaged or employees in the
establishment or industry with which it is connected.
2. A trade union of workmen shall have at least 10% or one hundred of the workmen,
whichever is less, engaged or employed in the establishment or industry with
which it is connected are the members of such trade Union on the date of making
application for registration.
3. To register a union, after the date of the application, but before the registration of
Trade Union, more than half of the total number of persons who made the
application should not cease to be members of the Trade Union or have given
notice in writing to the Registrar dissociating themselves from the application.
4. Application for registration of a trade Union shall be made to the Registrar.
5. The application shall be accompanied by a copy of the rules of trade union
and a statement containing the particulars namely clauses (a) to (J)of section 6
of the Act.
6. A Trade Union applied for registration shall provide further information called
for by the registration or alter the name if asked by the Registrar to do so.
7. Executive body has to be constituted in accordance with the provisions of the
trade Union Act.
i. not less than one half of the total number of the office bearers of trade
union in an organized sector shall b persons actually engaged or employed in an
industry with which the trade union is connected.
ii. All office bearers of a trade union, except not more than one-third of the
total number of the office bearers or five, whichever is les shall be persons
actually engaged or employed in the establishment or industry with which the
trade Union is connected.
 iii. The members of executive body should attain the age of eighteen years.
iv. The members of executive body should not been convicted by a Court in
India of any offence involving moral turpitude.
v. The member of executive body shall not be a member of the Council of
Ministers or a person holding an office of profit.
Application for registration
Section 5 of the trade Union Act, 1926 provides that :
1. Every application for registration of a trade Union shall be made to the
registrar , and shall be accompanied by a copy of the rules of the trade
Union ad a statement of the following particulars , namely:-
(a) the names, occupation and addresses of members making the application.
(aa) in the case of a Trade Union of Workmen, the names , occupations, and
addresses of the place of work of the members of the trade Union making the
application.
(b) The name of the trade Union and the address of its head office; and
(c) The titles, names , age , addresses and occupation of the office-bearers of the
Trade Union.
2. Where a Trade union has been in existence for more that one year before the
making of an application for its registration, it shall be delivered to the
Registrar together with application, a general statement of the assets and
liabilities of the trade Union prepared in such form and containing such
particulars as may be prescribed.
Rules of Trade union-Section 6
Every application for registration of Trade union shall be accompanied by a copy
of the rules of Trade Union relating to object, payment of subscription. The
absence of such rules, no trade union shall be entitled to registration. According
Section 6 of the Act , the rules thereof provide for the following matters, namely:-
(a) The names of the trade Union;
(b) The whole of the objects for which the trade Union has been established;
( c) the whole of the purpose for which the general funds of the
trade Union shall be applicable, all of which purpose shall be purposes to
which such funds are lawfully applicable under this act;
(d) The maintenance of a list of the members of the trade Union and adequate
facilities for the inspection thereof by the office-bearers and members of the
trade union;
(e) The admission of ordinary members who shall be persons actually engaged
or employed in an industry with which the Trade Union is connected, and also
the admission of the number of honorary or temporary member as office-
bearers require under section 22 to form the executive of the trade Union;
(ee) The payment of a minimum subscription by member of the trade Union
which shall not be lees than;
i. One rupee per annum for rural workers;
ii. Three rupees per annum for workers per annum for workers in other
unorganized sectors;
iii. Twelve rupees per annum for workers in other case.
This is only condition precedent for registration that the constitution or the
rules of the union shall provide or the matters enumerated in section 6 of the
Act. The section does not confer any authority to frame any rules.
In State Bank of India Staff Association v. State Bank of India ,AIR, 1996, the
SC observed that Section 6 contemplates two essential requirements : firstly the
executive of the trade union must be constituted in accordance with the
provisions of the Act; and unless it is so constituted, a trade union shall not be
entitled to the registration under the act, and Secondly, the rules of such a trade
union should provide for the matters enumerated in clauses (a) to (j) of section 6.
4. Power to call for further particulars and to require alteration of name –
Section 7;
A. The Registrar may call for further information for the purpose of satisfying
himself that any application complies with the provisions of section 5 or that the
trade union is entitled to registration under Section 6, and may refuse to register
the trade Union until such information is supplied.
B. If the name under which a trade Union is proposed to be registered is
identical with that by which any other existing Trade Union has been
registered or, 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,
the registrar shall require the persons applying fro registration to alter the
name o the trade Union stated in the Application, and shall refuse to
register the Union until such alteration has ben made.
Registration- Section 8:-
The registrar , on being satisfied that the Trade Union has complied with all the
requirements of this Act, in regard to registration, shall register the trade
Union by entering in a register to be maintained in such form as may be
prescribed the particulars relating to the trade Union contained in the
statement accompanying the application for registration.
In A.C.C. Rajanka Lime Stone Quarries Mazdoor Union v. the Registrar, Trade
Unions ,AIR, 1958, it has been observed that , if all the statutory requirements
Relating to the registration of Trade Union are complies with by the
applicant , then it is mandatory on part of the registrar to discharge his
duty and register the trade Union. If the registrar does not register for 3
months, then the applicant can seek the remedy under Article 226 of the
constitution in the form of a writ o mandamus.
6. Registration Certificate
Section -9 of the Trade unions Act, 1926 provides that:
The registrar on registering a trade Union under Section 8, shall issue a certificate of
registration the prescribed form which shall be conclusive evidence that the Trade
Union has been duly registered under this Act. The certificate of registration
continues to be valid until it is cancelled .
The issue of certificate is an end to the process of registration when the trade Union
is registered, the registrar issues a certificate in accordance with law as a conclusive
proof of registration. Section 9 impose statutory duty upon the registrar. Registrar
is bound to issue registration certificate, he cannot refuse to issue such certificate.
In food Corporation of India Staff Union v. Food Corporation of India , 1995 SC, it
has been observed that the registration gives a stamp of due formation of the Trade
union and assures the mind of the employer that the Trade Union is an authenticated
body. The names and occupation of office-bearers also become known.
Results of Registration of trade Union
The following are the advantages or effect of registration of Trade Union:
1. After registration, a certificate of registration is issued by the registrar as a conclusive
evidence.
2. Once a trade union is registered, its name becomes its own.
3. All communications and notice to registered Union may be addressed to its registered
office which is recorded in the register referred to in section 8.
4. A registered trade union enjoys privileges and immunities(18 to 28).
5. Certain Acts not to apply to registered trade union namely , (a) the Societies registration
Act, 1860, (b) the Co-operative Societies Act, 1912, (c ) the Companies Act, 1956(Section
14).
6. Every registered trade union shall submit annual returns to the Registrar of Trade Unions
furnishing all particulars, including member list, income and expenditure etc.(Section 12).
7. The account books of a registered trade union and the list of members thereof shall be
open for inspection by an office bearer or membesr of the trade Union(Section 20).
8. The rules of a trade union, after getting it registered , shall become public documents. Any
person can obtain a copy of such document by paying nominal pay prescribed.
9. A registered union can collect subscriptions from its members allowed by the Trade
Union Act.
10. By registration , a Trade Union becomes a jurist person and acquires a special status in the
eye of the law.
11. It has perpetual succession; members come and go but the registered trade union stands
forever till the registration is withdrawn or cancelled by the competent authority by legal
procedures.
12. The registered trade union enjoys common seal of its own, which cannot be used by others.
13. A registered trade union can acquire moveable or immovable properties on its own name.
14. A registered trade union can enter into contracts with its own name.
15. A registered union can sue or be used on its own name.
16. A registered trade union can represent the grievances of the workers in collective
bargaining.