Table Of Contents:
PUBLISHERS' NOTE
PREFACE TO THE FIRST EDITION
TABLE OF CASES
THE TRADE UNIONS (AMENDMENT) ACT, 2001
PART I: THE TRADE UNIONS ACT, 1926
CHAPTER I : PRELIMINARY
Short title, extent and commencement
Definitions
State Amendments
Gujarat
Madhya Pradesh
CHAPTER II: REGISTRATION OF TRADE UNIONS
Appointment of Registrars
Mode of registration
Application for registration
Provisions to be contained in the rules of a Trade Union
State Amendments
Gujarat
Madhya Pradesh
Power to call for further particulars and to require alteration of name
Registration
Certificate of registration
Minimum requirement about membership of a Trade Union
Cancellation of registration
State Amendments
Section 10-A
Gujarat
Appeal
State Amendments
Madhya Pradesh
Section 11-A
Gujarat
Madhya Pradesh
Registered Office
Incorporation of registered Trade Unions
Certain Acts not to apply to registered Trade Unions
State Amendments
Chapter II-A
Section 14-A
Gujarat
CHAPTER III: RIGHTS AND LIABILITIES OF REGISTERED TRADE
UNIONS
Objects on which general funds may be spent
State Amendments
Maharashtra
Constitution of a separate fund for political purposes 2
Criminal conspiracy in trade disputes
Immunity from civil suit in certain cases
Enforceability of agreements
Right to inspect books of Trade Union
Rights of minors to membership of Trade Unions
Disqualifications of office-bearers of Trade Unions
Proportion of office-bearers to be connected with the industry
Change of name
Amalgamation of Trade Unions
Notice of change of name or amalgamation
Effects of change of name and of amalgamation
Dissolution
Returns
State Amendments
Maharashtra
Power of Industrial Court to decide certain disputes
Madhya Pradesh
CHAPTER III-A
Maintenance of list of approved unions
Certain Unions deemed to be approved unions
Application for an entry in the approved list
Conditions of entry in the approved list 3
Approved union to continue to be so for altered local area for sometime
Removal from approved list
Appeal
Rights of officer of approved unions
Definitions
Other powers of Registrar
Dispute as to officer of registered Trade Union
Certain officers to be public servants
Protection of action under the Act
CHAPTER IV: REGULATIONS
Power to make regulations
State Amendments
Madhya Pradesh
Maharashtra
Publication of regulations
CHAPTER V : PENALTIES AND PROCEDURE
Failure to submit returns
Supplying false information regarding Trade Unions
State Amendments
Section 32-A
Madhya Pradesh
Cognizance of offences
State Amendments
Gujarat
Maharashtra
PART II: UNFAIR LABOUR PRACTICES AND VICTIMISATION
Introductory
Legislative references
The Trade Unions (Amendment) Act, 1947
Industrial Disputes Act, 1947
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
National Labour Relations Act of 1935, United States of America
Unfair Labour Practices: National Labour Commission
Unfair Labour Practice: What amounts to
Unfair Labour Practice: Scope
Unfair Labour Practice has germs of arbitrariness and unreasonableness in its practice
Unfair Labour Practice: Charge must be specific
Victimisation: Meaning and scope
Victimisation: Pleadings
Victimisation: Power of the Tribunal/Labour Court: Scope
Victimisation: Finding of the Court in Adjudication: Effect: High Court, Supreme Court: Interference: Scope
Industrial Disputes Act, 1947: Case-law under
Sections 25-T and 25-U and the Fifth Schedule
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act: Case law under
Recognition of Unions
Legislative reference
Bombay Industrial Relations Act, 1946
Indian Trade Unions (Amendment) Act, 1947
Industrial Disputes Act, 1947 as amended by Rajasthan Acts of 1958 and 1970
Madhya Pradesh Industrial Relations Act, 1960
Madhya Pradesh Industrial Relations Rules, 1961
Relevant Forms
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Industrial Relations Bill, 1978
National Labour Relations Act, 1935, United States of America
National Commission on Labour
Recognition of unions: Law
Recognition of unions: Not a fundamental right
e-recognition of Trade Union: Suit against: Not maintainable
De-recognition of Trade Union
Principles of natural justice whether applicable
Code of Discipline: Recognition under: Competent authority to entertain application for
Check-off facility: Granting, to unrecognised unions: Valid
Bombay Industrial Relations Act, 1946: Case-law under
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Madhya Pradesh Industrial Relations Act, 1960
APPENDICES
PART I : STATE AMENDING ACTS
Appendix I : Indian Trade Unions (Gujarat Amendment) Act, 1961
Appendix II : Indian Trade Unions (Bombay Amendment) Act, 1956
Appendix III : Trade Unions and Bombay
Industrial Relations (Amendment) Act, 1967
Appendix IV : Indian Trade Unions
(Madhya Pradesh Amendment) Act, 1960
Appendix V : Indian Trade Unions
(Madhya Pradesh Amendment) Act, 1963
Appendix VI : Trade Unions
(Madhya Pradesh Amendment) Act, 1968
PART II : CENTRAL AND STATE TRADE UNIONS REGULATIONS
Appendix VII : Central Trade Union Regulations, 1938
Appendix VIII : A.P. Trade Unions Regulations, 1927
Appendix IX : Assam Trade Union Regulations, 1927
Appendix X : Bengal Trade Union Regulations, 1927
Appendix XI : Bihar Trade Unions Regulations, 1928
Appendix XII : Bombay Trade Unions Regulations, 1927
Appendix XIII : Gujarat Trade Unions Regulations, 1963
Appendix XIV : Kerala Trade Unions Regulations, 1958
Appendix XV : Karnataka Trade Unions Regulations, 1958
Appendix XVI : Madhya Pradesh Trade Unions Regulations, 1961
Appendix XVII : Punjab Trade Unions Regulations, 1927
Appendix XVIII : Rajasthan Trade Unions Regulations, 1959
Appendix XIX : Tamil Nadu Trade Unions Regulations, 1927
Appendix XX : U.P. Trade Unions Regulations, 1927
Appendix XXI : Model Constitution of Trade Unions
PART III: ALLIED STATE ACTS AND RULES
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Rules, 1975
Procedure for verification of Membership of Unions for the purpose of Recognition under the Code of Discipline
Subject Index