Page 178 - DCOM207_LABOUR_LAWS

Unit 10: Trade Unions Act, 1926

accident or unemployment, contribution to any cause intended to benefit workmen in Notes
general upto 25% of the gross income accrued to the fund, and any other object notified by
the appropriate Government; (Sec. 15)
(ii) constitute a separate political fund for the promotion of civic and political interests of.
members contribution to this fund is, however, not obligatory for the members, or a
condition for becoming member of the union. The political fund can be used for setting up
candidates and meeting their election expenses, holding elections and political meetings
and maintenance of members elected to the Parliament or State Assembly or any local
authority; (Sec. 16)
(iii) claim protection from being prosecuted under sub-section (2) of Sec. 120B of the Indian
Penal Code for bona fide trade union activities under Sec. 17 of the Act. The protection
provided to the members and office-bearers of the Trade Union is partial in the sense that
the immunity is available only in respect of agreements made between the members for
the purpose of furthering any legitimate objective of the trade union as provided under
section 15 of the Act. If the agreement is the agreement to do an act which is an offence, no
immunity can be claimed in certain cases; (Sec. 17, 18)

(iv) Sec. 18 of the Trade Union Act deals with immunity from Civil Proceedings. A person is
liable in torts for deliberately bringing out a breach of contract of employment between the
employer and employee. But a registered trade union, its members or office-bearers are
protected from being sued for inducing a person to break his contract of employment or
for interfering with the trade, business or employment of some other person provided such
inducement is in contemplation or furtherance of trade disputes.
(v) change its name with the consent of two-third of the total number of its members under
intimation to the Registrar of Trade Unions. The change takes effect from the date it is
registered by the Registrar; (Secs. 23, 25) and
(vi) amalgamate the union with any other union by recording votes of at least 50% of the
members, of which 60% must be in favour of amalgamation. This must be intimated to the
Registrar, as it can, take effect after he registers it. (Sec 24,25)

Task Critically analyse the rights of registered trade unions.

Self Assessment

State whether the following statements are true or false:
9. Under Section 3, the Appropriate Government shall appoint a person to be the Registrar of
Trade Unions for each State.
10. Every application for registration of a Trade Union shall not be made to the Registrar and
shall be accompanied by a copy of the rules of the Trade Union.
11. The duties of the Registrar were to examine the application and to look at the objects for
which the Union was formed.

12. The Registrar is a quasi-judicial authority and cannot, therefore, decide any disputed
question of fact or law.

LOVELY PROFESSIONAL UNIVERSITY 173