TRADE UNION:
Definition and Its Meaning:
Trade unions are associations of workers and are formed with the intention of protecting the workers against exploitation of the employers and also to improve the workers’ conditions. The industrial revolution in England and in other countries and the advent of the factory system of production are greatly responsible for the emergence of trade unions.
Trade union is a voluntary organisation of workers formed to protect and promote their interests through collective action. It may be formed on plant basis, industry basis, firm basis, regional basis or national basis. Different writers and thinkers have defined the trade union differently.
According to trade union Act 1926; Trade Union means any combination which can be of temporary or Permanent and should be formed for the purpose of following:
1. Regulating the relation between workmen and employer or between workmen and workmen or between employers and employers.
2. Imposing restrictive condition on the conduct of any trade or business.
However this Act shall not affect;
1. Any agreement between partners as to their business
2. Any agreement between employer and those employed by him as to such employment.
3. Any agreement in consideration of the sale of the goodwill of a business or instruction in any profession, trade or handicraft.
Recognition of the Trade Union
The Indian trade unions Act, 1926 made a provision for registration of trade union after fulfilling the requisite condition. However the employers were under no obligation either to recognise or to deal with a trade union even if it was a registered trade union.
After various discussions in labour ministers conference and standing committees the trade unions Act, 1926 was amended by the Indian Trade Union (Amendment) Act, 1947 in the year 1947 and provision for compulsory recognition by the employer of representative of trade union was provided.
The provision in the amended Act for the recognition of Trade union are as follows;
1. Recognition of trade union by the employer and any disputes regarding recognition is to be decided by the Labour court set up under the Act.
2. Recognition of trade union is to be granted when such trade union applying for recognition represent all the workers in a concern establishment or Industries.
3. Any register trade union can apply to the employer for recognition of trade union. If the employer did not recognised or fail to recognise within three month of its application then the register trade union can apply to the Labour court for the recognition. Along with such application and other required particulars fulfilling the condition for the recognition of trade union were to be furnished to the court. If the labour court satisfy that all the condition for the recognition are fulfil then it shall pass an order directing the employer to recognised.
4. The executive of a recognised trade union has the right to negotiate with the employer in respect of matter relating to employment, non employment, term of employment, and condition of work of all or any of its members.
5. The Act declares certain act amounts to unfair labour practice of the part of Trade union and also on the employers. If the trade union is found guilty of unfair practice then its recognition can be withdrawn on an application by the employer to the registrar. And in case if employer is found guilty of unfair practice a fine of Rs. 1000 may be imposed by the registrar on an application by the trade Union.
6. Some of the acts which is declare as unfair practice are as
a: Participation, support or instigation of an irregular strike;
b: Submission of returns containing false statement;
c: discharge or discrimination against any officer of a recognised trade union;
d: interference with the formation or Administration of a trade Union.
