Trade Union — Meaning & Registration

Before 1926 a strike could be crushed with a conspiracy suit. The Trade Unions Act 1926 — now Chapter III of the IR Code 2020 (Ss.5–27) — gave registered unions legal status and immunity.

How Trade Unions Got Legal Protection

1920: Buckingham & Carnatic Mills workers struck under B.P. Wadia. The mill owners sued the leaders for conspiracy and the Madras High Court granted an injunction — union activity was, without protection, merely a civil wrong. The outcry produced the Trade Unions Act, 1926. (1920 also saw AITUC formed — India’s first central union body.) In 2020 the IR Code absorbed the 1926 Act entirely.

What Is a Trade Union? — Sec. 2(zl)

flowchart TD
    TU["Trade Union — S.2(zl) IR Code"]:::root
    TU --> F1["Can be temporary or permanent"]:::feat
    TU --> F2["Formed primarily to regulate relations<br/>between workers and employers"]:::feat
    TU --> F3["OR between workers inter se"]:::feat
    TU --> F4["OR to impose restrictive conditions<br/>on the conduct of a trade/business"]:::feat
    TU --> NOT["NOT a trade union if formed primarily<br/>for political or social purposes"]:::excl

    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef feat fill:#D8F0D8,stroke:#2E7D32,color:#000;
    classDef excl fill:#FFE4E1,stroke:#8B0000,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Registration — Sec. 6–9

Requirement	Rule
Minimum applicants	At least 7 members must sign the application — S.6
Applicant status	Every applicant must be connected with the establishment
Applied to	Registrar of Trade Unions (appointed by the appropriate government)

The Registrar examines the application and rules; if it complies, a Certificate of Registration (S.8) issues — conclusive proof of registration. The Registrar cannot refuse without giving an opportunity to correct defects; a refusal must give reasons (S.9(4)), and an appeal lies to the Industrial Tribunal (S.10).

Cancellation — Sec. 9

Registration may be cancelled if the union applies voluntarily, obtained the certificate by fraud/misrepresentation, has ceased to exist, or contravenes the Code — but only after notice and a hearing, with an appeal to the Tribunal.

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