Sunday, May 5, 2019

REGISTRATION OF TRADE UNION THE TRADE UNION ACT,1926


  •  REGISTRATION OF TRADE UNION
  • THE TRADE UNION ACT,1926

  • INDUSTRIAL LAW/HUMAN RESOURCE MANAGEMENT
  •  
  • REGISTRATION
1.       SEC 4 TO 9 OF THE ACT DEALS WITH PROCEDURE FOR THE REGISTRATION OF TRADE UNION.
2.       ANY SEVEN OR MORE MEMBERS OF A TRADE UNION MAY APPLY FOR REGISTRATION
3.       APPLICANT CEASING TO BE MEMBERS MAKES THE APPLICATION INVALID IF THEIR NUMBER IS MORE THAN HALF
4.       APPLICATION SHALL BE MADE TO THE REGISTRAR WITH A COPY OF THE RULES CONTAINING MATTERS GIVEN IN SEC 6
5.       ALONG WITH THE APPLICATION A STATEMENT CONTAINING THIS INFORMATION:-
      1. NAME,OCCUPATIONS AND ADDRESSES OF THE MEMBERS MAKING THE APPLICATION
      2. NAME OF THE TRADE UNION AND THE ADDRESS OF ITS HEAD OFFICE
      3. TITLES,NAMES,AGE,ADDRESSES AND OCCUPATIONS OF THE OFFICE BEARERS OF THE TRADE UNION
4.       WHERE TRADE UNION IS ALREADY IN EXISTENCE FOR MORE THAN A YEAR BEFORE A REGISTRATION, A GENERAL STATEMENT OF THE ASSETS AND LIABILITIES
  • RULES OF TRADE UNION ( SEC 6)
  1. WRITTEN RULES(SPECIFIED IN SCHEDULE II OF THE CENTRAL TRADE UNION 1938)
  2. A TRADE UNION SHALL NOT BE ENTITLED TO THE REGISTRATION UNLESS:
  3. CONSTITUTION OF THE EXECUTIVE OF TRADE UNION
  4. RULES PROVIDE FOR THE FOLLOWING MATTERS:-
  1. NAME OF THE TRADE UNION
  2. OBJECTS
  3. USAGE OF THE GENERAL FUNDS
  4. THE MAINTENANCE OF A LIST OF THE MEMBERS OF TRADE UNION AND ADEQUATE FACILITIES
  5. ADMISSION OF ORDINARY MEMBERS AND  HONORARY AND TEMPORARY MEMBERS
  6. PAYMENT OF SUBSCRIPTION
  7. CONDITIONS FOR BENEFIT,FINES AND FORFEITURE
  8. THE MANNER IN WHICH THE RULES SHALL BE AMENDED,VARIED OR CANCELLED
  9. SAFE CUSTODY OF THE FUNDS
  10. THE MANNER IN WHICH THE TRADE UNION IS DISSOLVED
  11. POWER TO CALL FOR FURTHER PARTICULARS
  • POWER TO REQUIRE ALTERATION OF NAME
  • REGISTRATION BY THE REGISTRAR IN FORM B
  • CERTIFICATE OF REGISTRATION ( SEC 9) ISSUED IN FORM C
  • CIRCUMSTANCES WHERE REGISTRAR MAY REFUSE THE REGISTRATION:-
  1. DOES NOT COMPLY WITH FORMALITIES
  2. REFUSE TO GIVE ADDITIONAL INFORMATION
  3. REFUSES TO CHANGE ITS NAME
  4. REGISTRATION
  5. MINIMUM REQUIREMENT
    1. NOT LESS THAN TEN PERCENT OR
    2. ONE HUNDRED WORKMEN WHICHEVER IS LESS SUBJECT TO MINIMUM OF SEVEN ENGAGED OR EMPLOYED IN AN ESTABLISHMENT OR INDUSTRY WITH WHICH IT IS CONNECTED
  • BENEFITS
  1. BODY CORPORATE AND LEGAL ENTITY
  2. PERPETUAL  SUCCESSION AND COMMON SEAL
  3. CAN HAVE ASSETS
  4. SUE OTHERS AND CAN BE SUED BY OTHERS
  • REGISTRATION
  1. LEGAL STATUS
  2. BODY CORPORATE AND LEGAL ENTITY
  3. PERPETUAL  SUCCESSION AND COMMON SEAL
  4. CAN HAVE ASSETS
  5. SUE OTHERS AND CAN BE SUED BY OTHERS
  6. NO CIVIL SUIT OR OTHER LEGAL PROCEEDING CAN BE INITIATED AGAINST A TRADE UNION IN FURTHERANCE OF TRADE DISPUTE UNDER CERTAIN CONDITIONS
  7. NO AGREEMENT BETWEEN THE MEMBERS OF A REGISTERED TRADE UNION SHALL BE VOID OR VOIDABLE MERELY ON THE GROUND THAT ANY OF OBJECTS IS IN RESTRAINTS OF TRADE







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