1.

Define Trade Union. Explain the procedure for Registration of the Trade Union.

A.

DEFINITIONS OF TRADE UNION:-

Trade Union is defined u/s 2 (h) of the Trade Union s Act,1926, It means any
Combination weather temporary (or) Permanent formed primarily for the Purpose of
1.
Regulation of relations between .
a)
Workmen & Workmen
b)
Employers & Employers
c)
Employers & Workmen (or)
2.
For imposing restrictive conditions on the conduct of any trade (or) business & includes two (or) more
trade union.
According to Art 19(1) ( C ) , All Citizens have a right to from Union (or) Associations .But every union is not a
Trade Union
WORKMAN:It is defined u/s 2(g) of Trade Union Act, 1926, workmen means all persons employed in a Tender
(or) Industry.
The term Trade (or) Industry is define under the Act 1926. The meaning of the term Industry is
borrowed from INDUSTRIAL DISPUTES Act, 1947
According to BANGLORE WATER SUPPLY SEWERAGE BOARDS CASE, if any establishment Satisfies Triple
test it any industry. But establishment discharging Sovereign Functions is not an Industry. Therefore Persons
employed there in are not workmen.
1.

a.
b.
c.
d.
e.
f.
g.
h.
i.

CASES:RANGASWAMI & REGISTERED TRADE UNION

In this case, Domestic Servant (Thotamalis,Dhobis,House made servants etc) of Madras Rajbhavan formed a union
and submitted an application to the Registrar of Trade Union .The Registrar of Trade Union refused to Register
Their union on the ground to that they are in RAJBHAVAN which is discharging Sovereign Functions Therefore
they are not Workmen, Their union is not liable to be registered under TRADE UNIONS ACT 1926
Tamilnadu Non-Gazetted Officer Union Registrar of Trade Unions:
NGOs formed an union & submitted an application to the registrar of Trade Unions for registration. The registrar
refused to register the union on the ground that members of the union are not workmen because they are discharging
sovereign functions or appeal to Madras High Court, which confirmed the decision of Registrar.
REGISTRAION:
Registration of a Trade Union is not compulsory under the Trade Unions Act 1920. But the advantages are available
only to registered trade Union. Thus, every Trade Union will try to get its registration under the Trade Unions Act
1926.
PROCEDURE FOR REGISTRATION:
See 3 to 9 of TRADE UNIONS ACT 1926 deal with registration of Trade Union (AMA PRR CCA)
Appointment of Registration:
Mode of Registration : u/s4
10% of total members of workers subject to minimum 7 members
Application for Registration u/s 5.
Provisions to be contained in rules of Trade Union u/s 6.
Powers of Registrar u/s 7
Registration of Trade Union u/s 8
Certificate of Registration (Sec.9)
Cancellation or Withdrawal of Registration u/s 10
Appeal (Sec, 11)

Q.3Employers Liability to pay compensation to employees:

Compensation Act 1923(IECNCN)

Introduction:
The Workmens compensation Act 1923 is a 1st social security legislation in india. It
imposes on obligation on the employer to pay compensation to an injure workman or dependants
of deceased work man.
Essentials of sec3(1) According to the sec3(1) of the workmens compensation Act 1923. The
employers are liable to pay compensation if the following conditions are satisfied.
Personal Injury:
Accident:
Arising out of and in the course of employment:
Death or disablement
CASES:
RB Mundra & Co., VS Mrs.Bhanvari
Added Peril Means while doing the work if the workman undertaken by extra work, for his
benefit, if he is exposed to any damage because of that work then employer is not a liable.
Smt.Koduri Vs P.Atchamma
In this case the duties of the deceased workman were to load the truck and travel in the truck for
the purpose of unloading. While the workman was travelling in the truck he saw a rabbit in the
road side. He made an attempt to hit the rabbit, from the running truck. He fell on a stone
received injuries, later died.
NOT LIABLE:
According to proviso to Sec3(1) OF THE ACT 1923 an employer is not liable to
pay compensation in the following cases,
1.Disablement not exceeding 3 days.
2.If the injury does not result in death or premanant total disablement. Then the employer can
plead