Page 179 - DCOM207_LABOUR_LAWS

Labour Laws

Notes 10.4 Amalgamation, Dissolution and Penalties in Trade Union

Following perspective explain the Amalgamation and Dissolution of Trade Union:

10.4.1 Amalgamation of Trade Union

Any two or more registered Trade Unions may become amalgamated together as one Trade
Union with or without dissolution or division of the funds of such Trade Unions or either or any
of them, provided that the votes of at least one-half of the members of each or every such Trade
Union entitled to vote are recorded, and that at least sixty per cent. of the votes recorded are in
favour of the proposal.

Did u know? On merger the Trade Union and its office-bearers do not lose their identity;
Rattan Kumar Dey v. Union of India, (1991) 63 FLR 463 (Gau).

10.4.2 Dissolution of Trade Union

When a registered Trade Union is dissolved, notice of the dissolution signed by seven members
and by the Secretary of the Trade Union shall, within fourteen days of the dissolution be sent to
the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected
in accordance with the rules of the Trade Union, and the dissolution shall have effect from the
date of such registration.
Where the dissolution of a registered Trade Union has been registered and the rules of the Trade
Union do not provide for the distribution of funds of the Trade Union on dissolution, the Registrar
shall divide the funds amongst the members in such manner as may be prescribed.

10.4.3 Penalties in Trade Union

The Act provides penalty of fine upto ` 500 for making any wilful false entry in or any omission
from the general statement to be submitted to the Registrar, and upto ` 200 for giving incorrect
copy of the rule or any other document with the intent to deceive a member or a person intending
to be a member. If any registered trade union defaults in giving any notice or sending any
statement or other document as required under this Act, every officer or other person bound
by the rules of the trade union to give or send the same, or, if, there is no such officer or person,
every member of the executive of the trade union, is punishable with a fine upto ` 5. If this default
continues, an additional fine upto ` 5 for each week after the first week during which the default
continues, may be imposed subject to an aggregate fine of ` 50. (Sec. 31, 32)

Self Assessment

Fill in the blanks:
13. Any two or more registered Trade Unions may become ................... together as one Trade
Union with or without dissolution or division of the funds of such Trade Unions.
14. Where the dissolution of a registered Trade Union has been registered and the rules of
the Trade Union do not provide for the distribution of ................... of the Trade Union on
dissolution.
15. The Act provides penalty of fine upto ................... for making any wilful false entry.
16. If this default continues, an additional fine upto ................... for each week after the first
week during which the default continues, may be imposed subject to an aggregate fine of
` 50.

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