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 A trade union is:

 An association of workers in a particular


industry. This association is formed primarily
for the purpose of regulating the relations
between workmen & employers.
 Its main function is to enable & make possible
collective bargaining.
 The strike being their weapon of last resort to
be used only after negotiations have broken
down.
Factors that led to the growth of
Unions

 Industrial revolution - large scale industries


employing large number of workers.
 Exploitative tendencies of the employers.
 The unions came to symbolise :
 Workers right to organise,
 Right to press their demands collectively, &
 To go on strike if their demands are not met
Impetus to formation of trade
unions
 International Labour Organisation
(ILO) in 1919
 In India, The All India Trade Union
Congress (AITUC) was formed in
1920.
 The Trade Unions Act, 1926 gave
formal recognition to the workers
right to organise.
The Trade Unions Act, 1926
 Regulates:

 Conditions governing the registration of


trade unions
 Obligations imposed upon a trade unions, &

 Rights & liabilities of registered trade unions


 Any seven or more members of a trade union
may, by subscribing their names to the rules of
the trade union apply for its registration. The
rules of the trade union have to provide for the
following matters: a)name b)objects c) purposes
for which general fund is set up d)maintenance of
a list of members e) admission of ordinary
members f) payment of subscription g) imposing
of fines h) manner in which rules may be altered
or amended i) office bearers appointment &
removal j) custody of funds of the trade union
k)manner in which trade union may be dissolved.
RIGHTS AND PRIVILEGES OF A
REGISTERED TRADE UNION:
 Body corporate having perpetual succession and
a common seal with power to hold both movable
& immovable property and to contract and can
by the said name sue & be sued.
 Can have a separate fund from which payments
may be made for the promotion of the civic &
political purposes.
 Immunity from punishment for Criminal
Conspiracy but......
 ... This immunity is not available if it is for
committing violence, assault, intimidation,
threat etc. Likewise an union member or office
bearer is not entitled to claim immunity from
punishment for breach of discipline.
 Immunity from civil suits: If any act is done in
furtherance of the objects of the trade union but
such an act would result in interference with the
trade, business or employment of some other
person or with the right of some person to dispose
of his capital or his labour as he wills, the office
bearer or union member is given immunity for
such acts from civil suits. Acts of vandalism or
violence or any act of deliberate trespass are
not covered.
 Enforceability of agreements: An agreement

between the members of a trade union shall not

be void or viodable merely by reasons of the fact

that any of the objects are in restraint of trade.

(agreements in restraint of trade are void)


DUTIES AND LIABILITIES OF A
REGISTERED TRADE UNION

 The general funds of a registered trade union may


be spent only for certain purposes.
 Not less than one half of the total number of office
bearers of every registered trade union must be
persons actually engaged or employed in an
industry with which the trade union is connected.
The other half may be social or political workers
 The Trade Union has to file annual returns with
the Registrar (the returns shall comprise of
Audited Final Accounts, statement showing
changes of office bearers if any during the year, a
copy of the rules corrected up to the date of
dispatch).

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