Court : Gujarat
Reported in : [2008(116)FLR957]; (2007)3GLR2588; (2008)ILLJ1025Guj
..... in view of the substitution of new section 22 in the trade union act, 1926 as amended by trade unions (amendment) act, 2001 with effect from 3rd september 2001, as per explanation to sub-section (2), the terminated employee shall not be construed as outsider for the purpose of holding an office in trade union. ..... while passing the said order, the deputy secretary, relied on the fact that the strike notice dated 8.3.2001 under section 25(t) of the act was withdrawn by the union vide its letter dated 26.6.2002 and, therefore, there existed no industrial dispute between the parties which needed to be referred for ..... accordingly on 25.2.2001, reliance karmachari sangh, a registered trade union recognized by the management of ril held an annual ..... which were held in february 2002 appointing the new body of executive committee for the year 2002-2003 has also not been challenged under the provisions of the trade unions act either by the appellants or any member of the erstwhile committee or the union. ..... idc 111/2001 to the state government with immediate effect and further directing the said respondent to accept and receive the complaint under section 33a of industrial disputes act of the appellants and to refer it for adjudication to the industrial tribunal or appropriate court of law and further to lodge appropriate criminal proceedings under section 31 for the breach of section 33a of the industrial disputes act;(ii) directing the state government to make reference with immediate effect .....
Tag this Judgment!Court : Mumbai
Reported in : (2009)IIILLJ466Bom; 2009(4)MhLj95
..... the petitioner being the active member in the labour movement and interested party, filed an application under section 10 of the trade unions act, 1926 (amended act- 2001) before the second respondent i.e. ..... came on statute book for the first time when section 4 was amended and two provisos were incorporated reading as under: '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 for registration: provided further that no trade union of workmen shall be registered unless it has on the date of making ..... under this act;(d) the maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office-bearers and members of trade union;(e) the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the trade union is connected, and also the admission of the number of honorary or temporary members as office- bearers required under section 22 to form the executive of the trade union;(ee) the payment of a minimum subscription by members of the trade union which shall .....
Tag this Judgment!Court : Supreme Court of India
..... industry should not be allowed to use the trade unions to further their vested interests.17) learned counsel for the respondents also argued that there were many registered trade unions of general nature prior to the amendment in 2001 mentioned above which were not connected with specific industry as required in section 4 and its proviso. ..... entire industry by way of strike or other such activity.16) she also referred to the amendment made in the act in the year 2001 which are aimed at checking multiplicity of trade unions, thereby promoting internal democracy and facilitating in the ordinary growth and regulation of trade unions. ..... thus, by virtue of original/unamended clause 4, they no longer remain members of the appellant-union.22) from the definition of trade union contained in section 2(h) of the act, it becomes apparent that such a union is formed primarily for the purpose of regulating the relations between workmen and employers (which is the instant case) or it can be ..... draw support was that right to form trade union was protected by article 19(1)(c) of the constitution of india and, therefore, if a person fulfils the requirements of becoming a member of a trade union and a trade union is accepting such person as a member, his right of joining a trade union cannot be denied in law.14) commenting upon and questioning the reasoning given by the high court, he submitted that the scheme of sections 6(e), 9-a and 22 of the act nowhere confines to the workers of the establishment .....
Tag this Judgment!Court : Supreme Court of India
..... the nature of industry/industries in which the trade union intends to operate and functions came only when the section 2 of the amendment act of 31 of 2001 (w.e.f. ..... learned senior counsel placing strong reliance upon section 4 of the act, pointed out that the amendment in view of the first proviso to section 4 of the act, which mandates 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 ..... that the 1st proviso of section 4; clause (aa), (b) and (c) of section 5 and clause (ee) & (hh) of section 6 were inserted to the act only by the amendment act of 31 of 2001, w.e.f. ..... such requirement under section 4 and its proviso is a statutory legal requirement for either registered trade union or continues as a registered trade union even after the amendment to the act by bringing an amendment to its constitution is the legal ..... contended by the learned senior counsel for the appellant that the high court has erred in law in interpreting the phrase mistake occurred under section 10(b) of the act stating that the legislative wisdom which excludes an act of mistake the power of review can be exercised by the registrar of trade unions and the order of cancellation of its certificate of registration can be made, but the high court has erroneously held that registration cannot be .....
Tag this Judgment!Court : Supreme Court of India
..... the nature of industry/industries in which the trade union intends to operate and functions came only when the section 2 of the amendment act of 31 of 2001 (w.e.f. ..... learned senior counsel placing strong reliance upon section 4 of the act, pointed out that the amendment in view of the first proviso to section 4 of the act, which mandates 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 ..... that the 1st proviso of section 4; clause (aa), (b) and (c) of section 5 and clause (ee) & (hh) of section 6 were inserted to the act only by the amendment act of 31 of 2001, w.e.f. ..... such requirement under section 4 and its proviso is a statutory legal requirement for either registered trade union or continues as a registered trade union even after the amendment to the act by bringing an amendment to its constitution is the legal ..... contended by the learned senior counsel for the appellant that the high court has erred in law in interpreting the phrase mistake occurred under section 10(b) of the act stating that the legislative wisdom which excludes an act of mistake the power of review can be exercised by the registrar of trade unions and the order of cancellation of its certificate of registration can be made, but the high court has erroneously held that registration cannot be .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(3)CHN106,(2005)IIILLJ562Cal
..... ) which is basically in respect of maharashtra amendment of section 28(1a) of the trade union act, 1926. ..... in the instant case, such action or counter action was not restricted for the 'bandh' day alone but spread out even thereafter and it is glaring that the trade union turns around to become vindictive and in the name of disciplining them took their right of occupation and personal liberty as because they did not obey their dictate on the day of the 'bandh'. ..... under section 18 of the trade union act, 1926 no suit or other legal proceeding shall be maintainable either against it or against the office bearers or members. ..... they have affirmatively said in merit that by virtue of the trade union act a registered trade union has every right to make the members disciplined and by doing so they have not committed any mistake. ..... in further no criminal action has been provided under the act to be taken against office bearer of a registered trade union in case of disallowing its member from discharging his duty. ..... state of kerala) a bench of kerala high court held that while recognizing the right of the trade union to carry on peaceful demonstration, it must be noted that the right has to be exercised in such way as not to interfere with the rights of others to carry on the lawful business. ..... learned counsel appearing for the union cited a decision reported in 2001(1) scc 350 (borosil glass works ltd. .....
Tag this Judgment!Court : Chennai
..... but subsequent to the decision of the supreme court, the trade unions act has undergone an amendment by amendment act 31/2001 with effect from 09.01.2002. ..... shall be registered unless atleast ten per cent 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 for registration: provided further that 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 ..... - [(1)] any seven or more members of a trade union may, by subscribing their names to the rules of the trade union and by otherwise complying with the provisions of this act with respect to registration, apply for registration of the trade union under this act. ..... likewise, even the industrial disputes act has been amended and section 2(qq) has been introduced. ..... by the amendment made, the present section 4 reads as follows:- 4. ..... the two reasons assigned for refusal were that the agreement referred to by the workmen dated 01.04.1997 cannot be said to be a settlement within the meaning of section 18(1) of the i.d.act and it cannot be legally enforceable. ..... in normal circumstances, even a minority union can raise a dispute under section 2(k) of the i.d.act as held by the supreme court in tata chemicals limited v. .....
Tag this Judgment!Court : Kolkata
..... (b) and (c) of section 5(1).and clauses (ee) and (hh) of section 6 were inserted to the act only by amendment act 31 of 2001, w.e.f.9-1-2002, whereas the trade union was registered in the year 1986 when part of the abovesaid provisions were ..... section 10 of the act, the certificate of registration of a trade union may be withdrawn or cancelled by the registrar of trade unions either on application of a trade union inviting the attention of the registrar of trade unions or the registrar may suo motu take cognizance under the said section. ..... sake of argument, it is accepted by us that the mistake is on the part of the trade union and in the opinion of the registrar of trade unions in exercise of his powers under section 10 of the act cancels the certificate of registration of the trade union, then it must be preceded by an enquiry, followed by a show-cause notice, disclosing grounds for initiating action so that the same can be answered by the noticee union effectively. ..... to the provisions of sections 4, 5 and 6 of the act and rules, which provide for furnishing the details in the application to be submitted for registration of the trade union, the abovesaid provisions of the sections clearly state that they must be complied with for the applying union to be entitled for ..... this official act by the registrar of trade unions cannot be nullified by him under section 10 of the act, but can only be rectified by the appellate authority or the writ court as rightly opined by the high court in .....
Tag this Judgment!Court : Allahabad
Reported in : [2008(117)FLR279]
..... the result, therefore, is that the provisions of section 11(aa) cannot be given effect to in the absence of fife legislative intervention by suitable amendment in the trade union act 1926 or the industrial disputes act specifying the labour court or industrial tribunal to which the appeal would lie or until a labour court under section 28-b of the trade unions amendment act 1947 is constituted. ..... it would be seen that there is some difference between section 28-b of the trade unions amendment act and section 4-a regarding the qualifications of a person eligible to be appointed as presiding officer of a labour court ..... when, the provisions of the trade unions amendment act, 1947 are enforced and labour courts are constituted under section 28-b the appeal can be preferred to such labour court under clause (aa) even though the reference in that clause to an 'industrial tribunal' would still not be specific ..... this principle we can apply the definition of labour court in trade union amendment act 1947 to section 11(aa).9. ..... legislature, however, has enacted the indian trade union amendment act, 1947 to amend the indian trade unions act, 1926. ..... section 11(1) before its amendment by act 31 of 2001 read as follows;11 (1) ..... by the aforesaid amending act 2001 clause (aa) was added after clause (a), which is as follows;(aa) where the head office is situated in an area, falling within the jurisdiction of a labour court or an industrial tribunal, to that court or tribunal, as the case may be.4 .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(3)AWC2584; [2008(118)FLR221]; (2009)IILLJ29All
..... amendments is reflected in its object and reason where it is stated:.the thrust of the recommendations is aimed it reducing multiplicity of the trade unions....with the aforesaid object, it introduced two provisos to section 4 which provides the mode of registration, which are to the following effect:provided that no trade union of workman shall be registered unless at least 10% or one hundred of the workman, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such trade union ..... act any seven or more members could form a trade union in regard to any establishment whether they were employed there or not and if rules were in order in accordance with section ..... the petitioner union was registered in may, 1977 by the registrar, trade unions, kanpur, under the trade unions act, 1926 (hereinafter referred to as the act) and claims to have a membership of about 2,500 employees of the establishment and is functioning there since then ..... the employee being laid-off, the relationship of master and servant continues and the mutual rights and obligations which flow from such relationship also continue?and after examining the industrial disputes act in extenso, it answered the query in the following words:the very term 'lay-of' assumes and implies that the employer is not in a condition to offer employment to his ..... appropriate to consider the act as it stood prior to the amendment brought about by the amending act 31 of 2001. .....
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