Trade Dispute - Disputes connected with employment, non-employment, terms of employment and conditions of labour of any person. Sec. 2(g) Trade Union - Any combination formed primarily for regulating relations or imposing restrictive conditions on conduct of business/trade. Includes federation of 2 or more unions. Sec. 2(h)
Act is to provide for registration of Trade Unions and to define the laws relating to it.
Application made by minimum 7 members by subscribing names to constitution of union. Minimum 7 members to be from the Industry. Subsequent fall in membership not exceeding ½ the total does not affect application. On compliance of all requirements Union is registered and certificate issued. (Reg. 3, 5, 6 Form A-C)
(Rules) of Union is to provide for name, objects, purposes for which general funds are applicable, list of members, and facilities for inspection to office bearers, and admission of members, payment of minimum subscription, amendmend of rules, election or removal of office bearers, duration period of election less than 3 years, annual audit of funds and dissolution of Union.
Maintainable on refusal to register union or cancellation of registration. Forum depends on place where head office of union is situated. Presidency town High Court, within the jurisdiction of Industrial tribunal/ Labour Court these courts/tribunal Any other area Court not inferior to Assistant Judge of Principal Civil Court Filed within 90 days from the date of order.
Not less than 10% or 100 Workmen whichever is less with a minimum of at least 7 in the industry.
Grounds - On application of union/certificate obtained by fraud/ no requisite membership 2 months prior notice to be issued by Registrar. (Reg. 8 Form D)
Unorganised sector - not less than ½ the total. Otherwise all except 1/3 rd or 5 whichever is less.
Separate legal entity on incorporation. Immunity from criminal conspiracy for agreements in furtherance of its objects. Immunity from civil suits for acts in furtherance of trade dispute. Agreements interse - even if objects are in restraint of trade is not void/voidable. Inspection of books of accounts. Minors, after age of 15 can become members,
General funds to be spent for specific purposes laid down in the section. Constitute separate funds for civic and political interests. Returns of assets and liabilities etc. to be made to Registrar. (Reg. 12 & 17, Form I)
In case of disputes between members with the consent of registrar is referred. (Reg. 23)
If under 18 years of age or if convicted for offence involving moral turpitude within 5 years.
Change of name - - signed by Secy. & 7 members. (S. 25, Reg. 13, Form E)' Amalgamation-Signed by Secy, & 7 members. (S. 25, Reg. 14, Form F)1 Dissolution - Signed by Secy. & 7 members (S. 25, Reg. 15, Form H)
31(1). Failure to submit returns, Fine of 5/- and for continuing default 5/- every continuing day.
31(2). Wilful making of false entry in statement u/s. 28, Fine upto₹ 500/-.
32. Supplying false information regarding trade unions, Fine upto 200/-.
