(i) A Civil Court has jurisdiction to entertain suit and grant an interim injunction; Indian Express Newspapers (Bom) Pvt. Ltd, v, T.M, Nagarajan, (1988) 72 FIR 489 (Delhi),
(ii) Immunity to a trade union leader (such as the President} is not available when he is discharged after holding an enquiry into his misconduct; West India Steel Co, Ltd. v, Azeez. 1990 LLR 142 (Ker),
(iii) A workman, even if he is a trade union leader, inside the factory, is bound to obey the reasonable instructions given to him by the superiors and to carry out his duties duly assigned to him; West India Steel Co. Ltd, v, Azeez, 1990 LLR 142 (Ker).
(iv) It is not within the purview of the civil court to prevent or interfere with the legitimate rights of the workmen to persue their demands by means of strike or otherwise as also acts done in furtherance of a trade dispute; Ahmedabad Textile Research Association v, ATIRA Employees' Union, 1995 LLR 91 (Guj) DB.
19. Enforceability of agreements.-Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade:
Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a Trade Union shall or shall not sell their goods transact business, work, employ or be employed.
The recognition of a trade union is not regulated by any statutory provision. The trade union cannot enforce the right of recognition against the management by a writ petition. An agreement ought to have been entered into between the trade union and the management for granting recognition; Workmen of Kampli Co-op, Sugar Factory Ltd, v. Management of Kampli Co-op Sugar Factory Ltd" (1995) 1, LLJ 727 (Karn),
20. Right to inspect books of Trade Union.- The account books of a registered Trade Union and the list of members thereof shall be open to inspection by an 1[office- bearer] or member of the Trade Union at such times as may be provided for in the rules of the Trade Union.
21. Rights of minors to membership of Trade Unions.-Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules:
3[21A. Disqualifications of office-bearers of Trade Unions.-(1) A person shall be disqualified for being chosen as, and for being member of the executive or any other office-bearer of a registered Trade Union if-
(i) he has not attained the age of eighteen years;
1. Subs, by Act 38 of 1964, sec.2, for "officer" (w.e.f. 1-4-1965),
2, Proviso omitted by Act 38 of 1964, sec, 4 (w.e.f, 1-4-1965).
3, Ins. by Act 38 of 1964, sec, 5.
(ii) he has been convicted by a court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.
(2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Unions (Amendment) Act, 1964, has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date.]
1[(3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the commencement of the Indian Trade Unions (Amendment) Act, 1964, shall be construed as reference to the commencement of this Act in the said State.]
22. Proportion of officers to be connected with the industry.-No less than one-half of the total number of the 2[office-bearers] of every registered Trade Union shall be persons actually engaged or employed in an industry with which the Trade Unions connected:
Provided that the 3[appropriate Government] may, by special or general order, declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.
"Officer" would mean a person who is not practising as an advocate though he might have practised earlier to his becoming an officer; Andhra Pradesh Engineers Association Generation Wing, Kothagudem Thermal Power Station Zone, Paloncha v. Andhra Pradesh State Electricity Board, Hyderabad; 1996 (I) LLJ 1082.
23. Change of name.-Any registered Trade Union may, with the consent of not less than two thirds of the total number of its members and subject to the provisions of section 25, change its name.
24. Amalgamation of Trade Unions.-Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least cine-half of the members of each or every such Trade Union entitled to vote are recorded, and that at least sixty per cent of the votes recorded are in favour of the proposal.
(i) " Amalgamation" means and implies at least two societies which can be merged with each other. The mere change of name of a particular society cannot be held to mean or to result in amalgamation; The Banis Co-op. Thrift & Agricultural Credit Society Ltd. v. State of Punjab. 1979 Rev LR 254 (DB).
(ii) On merger or association the Trade Union and its office-bearers do not lose their identity; Rattan Kumar Dey v. Union of India, (1991) 63 FLR 463 (Gau.).
25. Notice of change of name or amalgamation.-(1) Notice in writing of every change of name and of every amalgamation signed, in the case of a change of name, by the Secretary and by seven members of the Trade Union changing its name, and in the case of an amalgamation, by the Secretary and by seven members of each and every Trade Union which is a party thereto, shall be sent to the Registrar and where the head office of the amalgamated Trade Union is situated in a different State, to the Registrar of such State.
1. Ins. by Act 5I of 1970, sec.2 and Sch.
2. Subs. by Act 38 of 1964, sec.2, for "officers" (w.e.f. 1:.4-1965).
3. Subs. by the A.O. 1937. for "L.G.".
(2) If the proposed name is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall refuse to register the change of name.
(3) Save as provided in sub-section (2), the Registrar shall, if he is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name in the register referred to in section 8, and the change of name shall have effect from the date of such registration.
(4) The registrar of the State in which the head office of the amalgamated Trade Union is situated shall, if he is satisfied that the provisions of this Act in respect of amalgamation have been complied with and that the Trade Union formed thereby is entitled to registration under section 6, register the Trade Union in the manner provided in section 8, and the amalgamation shall have effect from the date of such registration.
26. Effects of change of name and of amalgamation.-(1) The change in the name of a registered Trade Union shall not affect any rights or obligations of the Trade Union or render detective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.
(2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of such Trade Unions or any right of a creditor of any of them.
27. Dissolution.-(1) When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution be sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such registration.
(2) Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution of funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the members in such manner as may be prescribed.
28. Returns.-(1) There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st day of 1[December] next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 31st day of 1[December]. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed.
(2) Together with the general statement there shall be sent to the Registrar a statement showing changes of 2[office-bearers] made by the Trade Union during the year to which the general statement refers together also with a copy of the rules of the Trade Union corrected upto the date of the despatch thereof to the Registrar.
1. Subs. by Act 38 of 1964, sec.6. for "March" (w.e.f. 1-4-1965).
Subs. by Act 38 of 1964, sec.2, for "officer" (w.e.f. 1-4-1965).
(3) A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration.
1[(4) For the purpose of examining the documents referred to in sub-sections (1), (2) and (3), the Registrar, or any officer authorised by him by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers, and other documents, relating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union.]
CHA PTER IV
29. Power to make regulations.-(1) 2[***] The 3[appropriate Government] may make regulations for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters namely:-
(a) the manner in which Trade Unions and the rules of Trade Unions shall be registered and the fees payable on registration;
(b) the transfer of registration in the case of any registered Trade Union which has changed its head office from one State to another;
(c) the manner in which, and the qualifications by whom, the accounts of registered Trade Unions or of any class of such Unions shall be audited;
(d) the conditions subject to which inspection of documents kept by Registrars shall be allowed and the fees which shall be chargeable in respect of such inspections; and
(e) any matter which is to be or may be prescribed.
30. Publication of regulations.-(1) The power to make regulations conferred by section 29 is subject to the condition of the regulations being made after previous publication.
(2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897), as that after which a draft of regulations proposed to be made will be taken into consideration shall not be less than three months from the date on which the draft of the proposed regulations was published for general information.
(3) Regulations as made shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Act.
PENAL TIES AND PROCEDURE
31. Failure to submit returns.-(1) If default is made on the part of any registered Trade Union ill giving any notice or sending any statement or other document as
1 Ins. by Act 42 of 1960, sec.9.
2. The words “Subject to the control of the G.G. in Council” omitted by the A.O. 1937.
3. Subs. by the A.O. 1937, for "L.G”.
required by or under any provision of this Act, every 1[office-bearer] or other person bound by the rules of the Trade Union to give or send the same, or, if there is no such officer or person, every member of the executive of the Trade Union, shall be punishable with fine which may extend to five rupees and, in the case of a continuing default, with an additional fine which may extend to five rupees for each week after the first during which the default continues:
Provided that the aggregate fine shall not exceed fifty rupees.
(2) Any person who wilfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 28 or in or from any copy of rules or of alterations of rules sent to the Registrar under that section, shall be punishable with fine which may extend to five hundred rupees.