Legal Status of Trade Union in India

 

Q 1 (a) Write a short essay on the Legal Status of Trade Union in India?

 

The aim and object of the trade union act 1926 were to interpret the registration of trade unions and formulate a law relating to the trade union registered in the provinces of India.

 

Section 2H define trade union is an organisation formed temporarily or permanently,  for regulating the relationship

a.             between the employer and work man or 

b.            between workmen and workman or

c.             between employee and employer

 for imposing term and conditions on the conduct of the business for handicraft and it also includes the Federation of two or more than two Union.

Regarding the legal status of trade union section, 13 is the Magna Carta of the right of trade union in India.  the whole Edifice of the trade union is based on this, which declared as has been confirmed in the decision given in  Hardy and versus Chilton (1928) 1 KB 663 That every Trade union registered is a body corporate in its own name, and right to possess and acquire movable and immovable property, right to enter into a contract, it can sue and be sued in its name.

 

 the result follows from this section

 

  1. From the legal point of view, it  makes rules for registered trade unions
  2.  it will have its own name
  3.  it will have perpetual succession
  4.  it can acquire and possess movable and immovable property 
  5. it will have the right to enter into a contract.

 any agreement entered into Union and the management is to be given a higher place than the judicial decisions.  this view was expressed by the Supreme Court in T Challam v. manager of lotus mills.

 

This Act provides three privileges to the trade union.

 

  1. Any office bearer for the member of trade union cell not be held responsible for criminal conspiracy for any act done for the union it has been provided with some defence under civil law.
  2.  it shall not be held responsible for any agreement in restraint of trade.

 the meaning of the trade union is not negative only.  there are many positive aspects as well.  Union May creates a work culture by enforcing the agreement entered into by the parties and not putting any hindrance in production.  a trend of degradation of union is seen since independence. 

 

Q 1 (b) Discuss the Right and Liabilities of Registered Trade Union?

 

Right and Liabilities of Registered Trade Union--

  1. A registered trade union is a body corporate. it has its full rights.
  2.  it has a right as perpetual succession and a common seal.
  3.  it can buy and sell movable and immovable property in its own name.
  4.  it can enter into a contract in its own name.
  5.  it can bring a suit in its own name and can be sued in that name.
  6.  it has a right to negotiate and correspond on various matter issues which may lead to dispute.
  7.  it has a right to punish it's even members.
  8.  such a Union has a right to have its even notice board and realise the membership fee is from its members from premises and departments of the establishment.
  9. can change its own name and as also the right to transfer its own office from one place to another.
  10.  it has right of amalgamation with other Union it can form a federation also.

 

 liabilities of registered trade union

 

Some limitations are imposed on the rights of a registered trade union under the act 

 

  1. It is the duty and liability of trade union to present the account book and other relevant documents for examination by its office bearer and members and give copy if any on demand. 
  2. it is the liability of the trade union that it should observe fully e the provisions of the act otherwise it may be penalized for disobedience. 



References

https://www.legalbites.in/registration-of-trade-unions-india/

https://www.yourarticlelibrary.com/trade-unions/the-trade-union-act-1926-advantage

https://www.advocatekhoj.com/library/lawareas/tradeunion/registration.php?Title=Tr

https://quizlet.com/24529867/bta-112-chapter-12-class-notes-flash-cards/

 

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