The Trade Union Act,1926
History of Trade Union Movement In India
During the period following the termination of the first World War, intense industrial unrest grew in various parts of India, due to high costs of living. The political agitation accelerated this unrest. Consequently the workers restored to strikes from time to time to solve grievances and various Action Committees came into existence which used to guide the strikes. The first organization that in some respects resembled a trade union was the Bombay Mill Hands Association which was formed in 1890 and served as a clearing house for the grievances of the Bombay mill workers. The success of these strikes, the world-wide uprising of labour consciousness and the establishment of the International Labour Organisation helped the growth of the trade unionism in India. Since success of Trade Unionism depends on democratic spirit and education and in India the majority of the labourers is illiterate, the progress, in the direction has hitherto been hardly satisfactory. Its progress before pre-independence also was hardly satisfactory, but after we became free its progress, was tremendous. Now, there is Trade union in every field and in every establishment.
Until 1926, there was no law in India for registration and protection of Trade Unions. In fact, in the beginning, Trade Unions have never been considered lawful in any part of the world. In 1926, the Indian Trade Unions Act, was enacted on the pattern of the corresponding English Law, Its main aim was to regulate the Union activities, the manner of registration, cancellation of registration, union-fund, general and political amalgamation and dessolution of the trade unions. In a sense, it was a regulatory Act.
Accorting to this Act, a Trade Union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business and includes any federation of two or more trade unions. A recognised trade union has the right to negotiate with employers in respect of matters connected with the employment or non-employment, terms of employment and the conditions of work of all or any of its members. The Act defines certain practices as unfair on the part of a Trade Union. and certain others as unfair on the part of an employer and imposes penalties on their commission
The Indian Trade Unions Act, 1926, extends to whole of India, and it has commenced from the 1st of June, 1927. The title of this Act before its amendment in 1964 was "The Indian Trade Unions Act, 1926". The word "Indian' was dropped by Amending Act 38 of 1964 from its title. Since then, it is called. "The Trade Unions Act, 1926".
Definition of Trade Union:- Trade Union means any organization, formed temporarily or permanently, for regulating the relations mainly between, employer and the workmen, or between the workmen and workmen, or between the employer and the employer, imposing terms and conditions on conduct of any profession or handicraft, and it also includes the federation of two or more than two unions. It is provided that this Act will not affect
(1) Any consent regarding the business among the partners.
(2) Agreement entered into by the employer and the workmen in relation to any employment.
(3) Any consent or agreement in relation to any business, handicraft, in connection with the consideration of sale of good-will of any business.
Membership of a Trade Union:-The Act does not provide as to how the membership of a Union can be obtained. Section 25 of the Act lays down that any person can obtain the membership of the union provided that he has completed 15 years of age. It is clearly mentioned that person between the age of 15 to 18 years, can be the member of the Trade Union, but he cannot be elected as office bearer of the union. For being an office-bearer, he must have attained the age of 18 years, i.e, he must be a major.
It may be noted that the membership of union does not automatically discontinue. There is no provision as such in the Act as is ruled by the Supreme Court in Bokazen Cement Corporation Workers Union v Cement Corporation of India, [AIR 2004 S.C. 245],
Disqualification for Authorities (office-bearers) of Trade Union:
Following persons cannot be elected as the office-bearer or member of the executive of the Trade Union
(1) If he has not completed the age of 18 years. Office bearer must be major according to the law which he or she is subject.
(2) If he has been punished with imprisonment for any offence related to moral turpitude, and 5 years have not passed from the date of such punishment.
Can an Outsider be an office-bearer.-The Act does not
prohibit any outsider from being elected or nominated as office-bearer of the Trade Union. But Section 22 puts this restriction. The number of outsider, shall in no case exceed more than 50% of the total membership. Atleast 1/2 of the office-bearer shall be elected or nominated from amongst the members who are reemployed in that industry. Thus it is clear that number of outsiders as office-bearers shall not be more than 50% of the total membership of the Union concerned.
The aim and object the Trade Unions Act, 1926, was to interpret the registration of the Trade Unions and formulate a law relating to the Trade Union registered in the provinces of India.
Section 2 (h) of the Act defines Trade Union as "any organization formed temporarily or permanently, for regulating mainly the relations the employer and workmen or between workmen and workmen or between employer and employer or imposing terms and conditions on the conduct of the business, or handicraft, and it also includes the federation of two or more than two unions.
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