Court : Delhi
Reported in : ILR1974Delhi596; 1975LabIC702
..... dated 23-10-71 being accepted as valid in law, even if it was assumed that the union is competent to settle the matter against the consent of respondent no. 2. under section 13 of the trade unions act, 1926 every registered trade union shall be a body corporate by the name under which it is registered. bye-laws 10 of ..... the constitution of the union shows that the annual general meeting of the union shall be held within 45 days from the close of the financial ..... individual workman would not by itself be raised to the status of an industrial dispute unless it was espoused by a trade union or appreciable number of workmen. this however underwent a change when the parliament enacted act 35 of 1965 with effect from 1-12-1965 and inserted section 2a which provides that 'where any employer discharges, .....
Tag this Judgment!Court : Delhi
Reported in : 1993IVAD(Delhi)609; 53(1994)DLT255; 1994(28)DRJ515; [1994(68)FLR615]; (1994)ILLJ1221Del
..... (duli chand) under secretary (labour),delhi administration, delhi. ' '25-t.prohibition of unfair labour practice. - no employer or workman or a trade union, whether registered under the .trade unions act, 1926 (16 of 1926), or not, shall commit any unfair labour practice. 25-u. penalty for committing unfair labour practices. - any person who commits any unfair labour ..... has specifically so mentioned and in this connection reference may be made to section 30 of the i.d. act. here the complaint could be made by or on behalf of the trade union or individual business affected but under the authority of the appropriate government. we do not agree with the ..... circumstances), section 25-u (providing penalty for committing unfair labour practices either by the employer or workman or a trade union; the unfair labour practices having been described in the fifth schedule to the act), and then chapter vi providing penalties for illegal strikes and lock-outs (section 36), penalty for instigation, etc .....
Tag this Judgment!Court : Delhi
Reported in : 2004(76)DRJ537; [2005(104)FLR124]; 2005(3)SLJ11(Delhi)
..... attention has been drawn to section 25-t of the industrial disputes act, 1947, which is as under:-'no employer or workman or a trade union, whether registered under the trade union act, 1926 or not, shall commit any unfair labour practice.'section 2(ra) of the act defines unfair labour practice as under:-'section 2(ra) 'unfair labour ..... practice' means any of the practices specified in the fifth schedule.'fifth schedule of the act specifies the various trade practices. s ..... is assailed by the petitioner as being wholly mala fide and arbitrary. it is stated that petitioner's husband is the general secretary of the workers' union of respondent no.3. respondent no.3, it is claimed, has unlawfully dismissed the petitioner's husband from service and now the petitioner is sought .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIIAD(Delhi)640
..... that the trade union is an authenticated body; the names and occupation of whose office bearers also become known ..... the principal raison d'etre of the trade unions. however, to see that the trade union, which takes up the matter concerning service conditions of the workmen truly represents the workmen employed in the establishment, the trade union is first required to get itself registered under the provi-sions of trade unions act, 1926. this gives a stamp of due formation of the trade union and assures the mind of the employer .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIIAD(Delhi)604; 55(1994)DLT157; 1994(30)DRJ206; (1994)IILLJ1130Del
..... .2(ra)- 'unfair labour practice' means any of the practices specified in the fifth schedule:' 'sec.25t- no employer or work an or a trade union, whether registered under the trade unions act 1926 or not, shall commit any unfair labour practice'. 'sec.25u- any person who commits any unfair labour practice shall be punishable with imprisonment for a ..... tern) which may extend to six months or with fine which may extend to one thousand rupees or with both'.the 5th schedule to the industrial disputes act ..... dispute under section 10 is in adequate and efficacious legal remedy for the enforcement of the rights created under the act.'(12) in the case of chundrama singh v. managing director, u.p. cooperative union and others 1991 11 lln 1084, full bench of allahabad high court observed as under:- 'on the pleadings contained .....
Tag this Judgment!Court : Delhi
..... . swati sumbly, advocate. coram :- hon'ble the acting chief justice hon'ble mr. justice rajiv sahai endlaw a.k. sikri, acting chief justice.1. the respondent herein is a trade union of workers of railway coach factory (rcf), kapurthala. it is duly registered under the indian trade unions act, 1926 and is affiliated to the all india railwaymens federation ( ..... airf), new delhi as also to the hind mazdoor sabha, mumbai..2. the railway coach factory workers are the members of the respondent union which is treated at par with the railway production units ..... the arguments advanced before us in the present appeal remain the same. no doubt, recognition of union is not a right. it is the prerogative of the employer to recognize a union or not. in the trade union act also there is no provision for recognition. it is also well established law that when the .....
Tag this Judgment!Court : Delhi
..... .2001 on the above noted subject, this is to inform you that the amendment has been incorporated in the constitution of the union as provided under the trade unions act, 1926, as per annexure a closed. yours faithfully, (k.r. sawhney) dy. registrar (trade unions) delhi annexure a to the aforementioned letter notes that, in the constitution of the batra hospital & medical research centre of ch. aishi ..... position clear, the petitioner has filed, before this court, certain documents. certificate of registration of trade union no.4144 dated 05th september 1991, issued by the additional registrar of trade unions, delhi (hereinafter referred to as rtu ), certifies that batra hospital medical research centre was registered, under the indian trade unions act, 1926, on the said date i.e. 05th september 1991. at the foot of the said .....
Tag this Judgment!Court : Delhi
..... the question was still at large and in the situation no permission sought could be given.7. the defendant no.1 union has contested the suit pleading, (i) the bar of section 18 of the trade union act, 1926 to the suit; (ii) the bar of order vii rule 11(b) of the code of civil procedure, 1908 ..... new delhi, pleading (i) that the plaintiff is a deemed university recognized under the university grants commission (ugc) act, 1956; (ii) that the defendant no.1 is a registered trade union which has been indulging in the acts of dharnas and violence against the plaintiff university; (iii) that the plaintiff university does not recognize the defendant no. ..... 1 union and the said issue is pending adjudication before the registrar of trade union in terms of order dated 28th january, 2016 .....
Tag this Judgment!Court : Delhi
..... insofar as relevant for the present purposes, is as under: 2. who all are eligible to contest the elections:-"(a) all registered trade unions of the railways which are registered under the trade union act, 1926 for at least one year as on 31.12.2006 and which exclusively represent the interests of all group c and d employees of ..... consists of a distinct class of railway servants; (b) makes eligible for membership all railway servants of same class; and, (c) it is registered under the indian trade unions act, 1926. w.p.(c) nos.8212/2007 & 2203/2013 page 2 of 21 5. chapter xxvi titled staff councils and negotiating machinery of the manual in section i thereof ..... the concerned zonal railways. (b) these registered trade unions must not have been formed on the basis of any caste, tribe or religious denomination .....
Tag this Judgment!Court : Delhi
..... insofar as relevant for the present purposes, is as under: 2. who all are eligible to contest the elections:-"(a) all registered trade unions of the railways which are registered under the trade union act, 1926 for at least one year as on 31.12.2006 and which exclusively represent the interests of all group c and d employees of ..... consists of a distinct class of railway servants; (b) makes eligible for membership all railway servants of same class; and, (c) it is registered under the indian trade unions act, 1926. w.p.(c) nos.8212/2007 & 2203/2013 page 2 of 21 5. chapter xxvi titled staff councils and negotiating machinery of the manual in section i thereof ..... the concerned zonal railways. (b) these registered trade unions must not have been formed on the basis of any caste, tribe or religious denomination .....
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