Labour Union or Group
Abhimanyu Soni
(Querist) 16 May 2009
This query is : Resolved
Dear All,
I am working in a Shipmanagement Co. Mumbai. Our core activity is to man and manage the vessels with regard to onboard staff.
My query is: As this a very small industry, the employees faces problems which are very common to all other companies. Problems are like sacking any employee without any notice, not giving permanent status to the employees even if they have been working since 2-3 yrs.
Viewing this scenario, can employees from the industry as a whole form a union or group with legal identity which can stand together when there is any such wrongs happens with any of the employee.
If yes, what could be the procedure to make such identity to safeguard the employees future.
Thanks in advance
Abhimanyu Soni
adv. rajeev ( rajoo )
(Expert) 16 May 2009
U to form a association to protect the rights and to safeguard the employees of the company. U have to register with the Asst., Registrar of Co-Operative Socieities.
U will get the bye-laws to form the association.
Swami Sadashiva Brahmendra Sar
(Expert) 16 May 2009
Form an association,prepare its memorandum i.e. aims and object,frame its bylaws,elect office bearers in accordance with by laws and consult assistant restrar of chit funds and societies of your district for registration.
A V Vishal
(Expert) 17 May 2009
Dear Soni,
Applicability of the Trade Unions Act
Any seven or more members of a Trade-Union may apply for registration of Trade Union under this Act. Trade-union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations, between workman and employer or between workmen and workmen or between the employer and the employees or for imposing restrictive conditions on the conduct of any trade or business and includes any federation of two or more trade unions.
Provided that no trade union of workmen shall be registered unless atleast ten percent or one hundred of the workmen, whichever is less, engaged or employed in the industry with which it is connected are the members of such a trade union on the date of the application for registration. (Section 4 & 2(g))
The Registrar of Trade Unions is the authority charged with the duty of administering the provisions of the Act.
Registration of a Trade Union
Every application for registration of a Trade-Union shall be made to the Registrar of Trade Union, Labour Department.
A copy of the rules of the Trade-Union must be attached with Application Form.
A Statement should also be enclosed consisting following particulars namely:- (a)The names,occupation and address of members making the Application.
(b)The name of the trade-union and the address of its head-office.
(c)The titles, names ,ages, address and occupation of the office bearers of the Trade-Union ,as per Schedule-I(TU).
The fee payable for the registration of a Trade-Union is Rs. 5/- only. (Section 5)
Fee shall be deposited in treasury under head-"0230- Labour & Employment –102-Registration of Trade-Unions, 1926
A Trade Union shall not be entitled to registration under this Act unless the executive thereof is constituted in accordance with the provisions of this Act and the Rules thereof provide for the matters contained in section 6 of the Act. (As per schedule-II of the Rules) (Section 6)
A general statement of the assets & liabilities of Trade Union as per schedule-III(TU) must be attached with application form where a Trade Union has been in existence for more than one year. (Section 6)
The Registrar may call for further information for satisfying himself as to whether the Trade Union is entitled to registration or not. (Section 7)
If the name under which a Trade Union is proposed to be registered is identical or resembles with any other registered Trade Unions, the Registrar may direct the applicant to alter the name of the Trade Union stated in the application. (Section 7)
The Registrar on being satisfied, shall register the Trade-Union by entering in a register.
The Registrar on registering a Trade Union shall issue a certificate of registration in FORM-C(TU) which shall be conclusive evidence that the Trade Union has been duly registered under this Act. (Section 9)
A Certificate of registration may be withdrawn or cancelled by the Registrar if the certificate has been obtained by fraud or mistake or the Trade Union has ceased to exist, or wilfully contravened any provision of this Act or has rescinded any rule. (Section 10)
A V Vishal
(Expert) 17 May 2009
Dear Rajeev & Dr Tripathiji,
Certain Acts not to apply to registered Trade Unions.-
The following Acts namely- .
(a) The Societies Registration Act, 1860 (21 of 1860)
(b) The Co-operative Societies Act, 1912 (2 of 1912)
1[(c) The Companies Act. 1956 (1 of 1956)]
shall not apply to any registered Trade Union, and the registration of any such Trade Union under any such Act shall be void.
