Meaning & Definition of Trade Union

 Q 1 (a) Define the term Trade Union? 

 Trade union means any organisation,

(a)  formed temporary permanently,  

(b)for regulating the relations mainly between, 

1.  employer and workman,

2.  or between the workmen and workman,

3. or between the employer and employer.

  Or Imposing terms and condition on the conduct of any profession or handicraft, 

and it also includes the Federation of two or more than two unions.  it is provided that this act will not affect,

1.  any consent regarding the business among the partners

2.  The agreement entered into by the employer and the workmen in relation to any employment.

3.  any consent for agreement in relation to any business handicraft in connection with the consideration of the sale of the goodwill of any business.

 Q 1 (b) Who are qualified as members of a Trade union?

 This Act does not provide as to how the membership of a trade union can be obtained. section 25 of the act Lays down that any person can open the membership of union provided that he is completed 15 years of age.  it is clearly mentioned that person between the age of 15 year to 18 years can be a member of trade union,  but he cannot be elected as an office-bearer of the union.  for being an office bearer he must have attained the age of 18 years i. e. he must be a  major.

it may be noted that the membership of union does not automatically discontinue. There is no provision as such in the act as is ruled by the supreme court in Bokazan cement Corporation workers Union v. cement Corporation of India {2004 supreme court 245 }

Q 1 (c) Write a short note on the Disqualification  for  authorities   (office bearer) of trade union

The following person cannot be elected as the office bearer for members of Executive of the trade  Union-

1.  if he has not completed the age of 18 years.  office-bearer must be major according to the law which he or she is subject

2.  if he has been punished with imprisonment for any offence relating to moral turpitude,  and wife here has not passed from the date of such punishment.

Q 1 (d) Can an outsider the and office bearers be office bearer of registered trade union? If so in what proportion?

 this act does not prohibit any outside from being elected for nominated as an office-bearer of the trade union.  but section  22 put this restriction.  the number of outsiders cell in no case exceed more than 50% of the total membership at least 1/2 of the office bearer elected or nominated from amongst the member who was employed in the industry.  thus it is clear that the number of outsiders as office bearers shall not be more than 50% of the total membership of the union concerned?