Minimum two third majority is necessary iii. Application for and entry in the approved list. Section 3 re-numbered as sub-section 1 thereof by Act 42 of 1960, sec. Registration of Trade Unions 3. On which of the following grounds an office bearer or executive of the trade union be disqualified? Name of the trade union; 2. Re-numbered as sub-section 1 by Sec.
The decision of the Industrial Court shall be final and shall not be called in question in any Court of law. Incorporation of registered Trade Union. Audit report in the prescribed manner iii. Power to call for further particulars and to require alteration of names. Section 6 e does not provide that on cessation of employment an employee would cease to be a member; Bokajan Cement Corpn.
The 16 th Indian Labour Conference recommended that a Code of Discipline be followed by management and unions. Which of the following is an object on which general funds could be spent as per section 15 of the act? Reference of certain disputes to Industrial Court. Provisions to be contained in the rule of a Trade Union. In a judgment that went largely unnoticed, the court ruled that any workman employed by a factory — irrespective of whether he was a permanent worker or not, fulfilled the definition of workman or not — was eligible to participate in union activities. Two common challenges that unions face in organizing contract workers include proving their employment in the workplace and countering victimization and dismissal by the management. Be open, be vigilant, and ask questions.
Minimum seven workers of an establishment or seven employers can form a trade union and apply to the Registrar for it registration. Registration According to section 8 of the Act, if the registrar thinks that the trade union has complied with all the provisions of the Act, it shall register the Trade Union by entering in a register all the particulars in accordance with the provisions of the Act. This statement should be accompanied by a statement showing changes in office bearers during the year and a copy of the rules as amended upto date. Provisions to be contained in the rules of a Trade Union. But since this is not mandated by law, the Code of Discipline has not been by the State Government without long drawn court battles. Under section 28, a general statement, audited in a prescribed manner, of all income and expenses must be sent to the registrar every year.
The appropriate Government shall appoint a person to be the Registrar of Trade Unions for each State. Disqualification of office bearers of Trade Union 22. Has been convicted by the court of any offence involving moral turpitude B. Every worker is guaranteed the right to join a trade union by law and therefore you cannot be dismissed for joining or working to form a union. Contract workers, apprentices and trainees can be a part of the same union as permanent workers.
These legal provisions include the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971; the West Bengal Trade Unions Rules, 1998; the Kerala Recognition of Trade Unions Act, 2010; and the Orissa Verification of Membership and Recognition of Trade Union Rules, 1994. However, if you feel that the union does not represent your interests, you may consider forming a union which is democratic and represents your interest. The manner in which the members of the executive and the other office-bearers of the trade union shall be appointed and removed; 8. Many employers try to intimidate or victimise labour leaders, start rival union and bribe union officials. It is only a Civil Court which has jurisdiction to decide that dispute since under the Trade Unions Act, there is no provision permitting or empowering the Registrar to refer internal disputes relating to office-bearer for adjudication to any other forum; R.
Scope Provisions of this section relate to only registration of a trade union. Mukund Iron and Steel Works Ltd. However, in most cases, the management targets leaders of the union indirectly in order to preserve its hold over the workplace. Your trade union could be factory based, industry based or even locality based. Legal Protections to Trade Unions against Civil and Criminal actions.
Chapter: Rights and Liabilities of Registered Trade Unions Section 22: Proportion of office-bearers to be connected with the industry 1 Not less than one-half of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be persons actually engaged or employed in an industry with which the Trade Union is connected: Provided that the appropriate Government may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed. Chapter: Rights and Liabilities of Registered Trade Unions Section 17: Criminal conspiracy in trade disputes No office-bearer or member of a registered Trade Union shall be liable to punishment under sub-section 2 of Section 120-B of the Indian Penal Code 45 of 1860 , in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in Section 15, unless the agreement is an agreement to commit an offence. Also, while a union has a right to remove any office bearer, this power must be used judiciously and rules of natural justice must be followed. Scope Provisions of this section relate to only registration of a trade union. Appointment of Registrar : Section 3 of the Trade Union Act, 1926 empowers the appropriate Government to appoint a person to be registrar of Trade Unions. Penalty for contravention of section 28H.