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).