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THE REGISTRATION OF TRADE UNIONS FINAL GOOD.pdf

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LABOUR LAW PROJECT TOPIC- PROCEDURE OF REGISTRATION OF TRADE UNION SUBMITTED BY- FARHEEN HAIDER SECTION- B 3RD YEAR, FACULTY OF LAW TABLE OF CONTENTS 1 Introduction. 2 The Registration of trade union. 3 Appointment of registrars. 4 Mode of registration. 5 Application of registration. 6 Provisions to be contained in the rules of a trade unions. 7 Power to call for further particulars. 8 Registration. 9 Certificate of Registration 10 Minimum requirements about membership of a trade union
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   LABOUR LAW PROJECT TOPIC- PROCEDURE OF REGISTRATION OF TRADE UNION SUBMITTED BY- FARHEEN HAIDER SECTION- B 3RD YEAR, FACULTY OF LAW   TABLE OF CONTENTS 1 Introduction. 2 The Registration of trade union. 3 Appointment of registrars. 4 Mode of registration. 5  Application of registration. 6 Provisions to be contained in the rules of a trade unions. 7 Power to call for further particulars. 8 Registration. 9 Certificate of Registration 10 Minimum requirements about membership of a trade union 11 Cancellation of Registration 12 Incorporation of Registered union 13 Bibliography  INTRODUCTION This is the really main provision of the act. Any seven or more members of the union can form the trade union and apply to the registrar for its registration by subscribing their names to its rules. any seven or more members of the trade union may by subscribing their names to the rules of the trade union and by otherwise complying with the provision of the act with respect to the registration ,apply for registration of the trade union under this act, provided that no trade union of workmen shall be registered unless at least ten percent ,or one hundred of the workmen ,whichever is less ,engaged or employed in the establishment or industry with which it is connected are the members of such trade union on the date of making of application of such registration. Provided that further no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected. The application for registration should be accompanied by a copy of the rules of the union and a statement containing particulars, namely: (a) the names, occupations and addresses of the members making the application; (b) the name of the trade union and .the address of its head office; and (c) the titles, names, ages, addresses and occupations of the office bearers of the trade union. If the union has been in existence for more than a year before applying for registration, the Registrar should also be supplied a statement in the prescribed form showing the assets and liabilities of the union. The Registrar may not register the trade union unless its executive is constituted in accordance with the provisions of this Act; and its rules mentioned clearly the name and objects of the union, and the purpose for which its funds are to be used. Not more than 5000 of members (now 1/3rd or 5) of the executive committee can be outsiders. The rules should also provide for the maintenance of a list of the membership of the union and adequate facilities for the inspection, thereof, by the officers and members of the union; procedure for the admission of ordinary, honorary or temporary members, rate of subscription not being less than 25 paise per month per member; the payment of a minimum subscription by members of the Trade Union which shall not be less than: 1. one rupee per annum for rural workers; 2. Three rupees per annum for workers in other unorganized sectors; and 3. Twelve rupees per annum for workers in any other case. the manner of amending, varying or rescinding rules; manner of appointing members of the executive committee and other officers of the trade union, safe custody of funds and their spending for the purpose specified in the Act; annual audit and inspection of account books by the officers and members; and the manner of dissolution of the trade union, or changing its name. The Registrar has the power to call for any further information, and also alter the name of the union, if it is identical with that of any other registered union. He registers the union by recording its particulars in a register and issuing a registration certificate (Sec. 4 to 9).   A registered Trade Union of workmen shall at all times continue to have not less than ten per cent, or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which iris connected, as its members. The federation of trade unions also requires registration. It was held in National Organization of Bank Workers‟ Federation of Trade Unions vs. Union of India and others (Bombay 4993) that where a federation of Trade Unions is not registered, it is not a trade union under the Act. It is not a juristic person and it is not competent to raise a demand on behalf of employees, which can fall in the ambit of Industrial Disputes. It cannot file a writ petition. THE REGISTRATION OF TRADE UNIONS  The Trade Unions are mass organizations of workers or employers formed voluntarily for collective bargaining of better terms and conditions of service or employment or for imposing restrictive conditions on the conduct of any trade. Business or industry through concerted action and for peaceful and harmonious industrial relations. The Trade Unions Act introduces a voluntary system of registration of unions. The object of introducing a system of registration for trade unions was to encourage the establishment of permanent and stable bodies having adequate written constitutions and regular audited accounts. The Act. therefore, requires that a registered Trade Union must set out in its rules the objects for which it is established and the purposes for which its funds may be used. Its benefit conditions, disqualifications and forfeitures must be mentioned. Provision must also be made for appointment and removal of members of the executive and the other office-bearers of the Trade Union, for the safe custody of the funds and annual audit of accounts. The provision must also be made for the manner in which the Trade Union may be dissolved. To encourage Unions to register, certain advantages were offered by the Act, including express power to acquire and hold movable and immovable property and to bring and defend legal proceedings in the name of the Trade Union .The Act grants immunity from civil and criminal liability to registered Trade Unions. Furthermore, the Act confers upon a registered Trade Union a legal personality with the power to contract in its own name. These advantages solicit the workers to form Trade Unions and get them registered under the provisions of the Trade Unions  Act, 1926.

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Mar 22, 2018

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