Sep 22, 2011 this act extends to the whole of india. Trade unions and prevention of unfair labour practices act. Union cabinet approves amendment to the 1926 trade union act. In maharashtra, a trade union functioning for at least six months is accorded recognition if its membership exceeds 30 per cent of the overall employee count. Some attempts were made to include compulsory recognition in the trade union act in 1947, 1950, 1978 and 1988, but it could not be materialised. The maharashtra recognition of trade unions and prevention of. The maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 act 1 of 1972 keywords. A trade union is an organization of workers who have banded together to achieve common goals such as protecting their integrity, achieving higher pay, increasing the number of employees an employer hires, and better working conditions.
In this article, we shall study the recognition of a trade union and the importance of its registration. Recognition of trade unions regulations 9th december, 2016 legal notice 4 of 2016. Principal acts may or may not include subsequent amendments. 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 following matters, namely. Bombay industrial relations act, 1946 section 3 and 314. Maharashtra recognition of trade unions and prevention of unfair labour practices act. Under the trade union act, 1926, trade union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing. The law relating to the registration and protection of the trade unions is governed by the trade unions act, 1926 which came into force with effect from 1st june 1927.
The kerala recognition of trade unions act, 2010 and. Since the enactment of the trade union act 1926 the attitude od the legislaute and executive are very hostile towards the legislations though at many time the consideration of recognition of trade union came up. Jan 02, 2019 union cabinet approves amendment to the 1926 trade union act the amended legislation will be tabled in parliament and once passed labour ministry will issue new rules and regulations prescribing the manner of recognition of these trade unions. Trade union for technology sector employees registered. Mar 9 2011 issue before court is maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 sections 35 and 28.
Feb 25, 2019 indian legal system civil laws labour laws mrtu and pulp act, 1971 recognition of trade union. For instance, in the state of maharashtra, the maharashtra recognition of. As per the provisions of trade unions act, any 7 persons coming together can form a union and register it. Any group of seven or more persons can form a trade union. For statement of objects and reasons, see maharashtra government gazette, 1969, part v, extra ordinary, pages 628632. According to the applicable law in india, a registered trade union. For instance, in the state of maharashtra, the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, governs the aspects related to the.
Provisions to be contained in the rules of a trade union. The maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. Maharashtra recognition of unions and prevention of unfair labour. Time and again, courts in india have upheld the right of workers to form or join trade unions in india. Legislative reference 455 0 bombay industrial relations act, 1946 455 ii indian trade unions amendment act, 1947 461 iii industrial disputes act, 1947 as amended by. Indian legal system civil laws labour laws mrtu and pulp act, 1971 introduction the law identifying with work and job is called industrial law or labour law in india. Mandatory recognition for trade unions likely business.
Srivastavas law relating to trade unions and unfair. A trade union is an organization of workers who have banded together to achieve common goals such as protecting their integrity, achieving higher pay, increasing the number of employees an employer hires, and better working. Maharashtra recognition of trade union and prevention of unfair labour practice act, 1971. Trade unions in india are registered and file annual returns under the trade union act 1926. Section 28 of the maharashtra recognition of trade unions and. Maharashtras first trade union for it staff registered in. Non recognition of a trade union for collective bargaining constitutes an unfair labour practice. Every application for registration of a trade union shall be made in the given format appended to the trade unions act 1926 before the registrar of trade unions and shall be accompanied by a copy of rules of the trade union and a statement. Maharashtras first trade union for it staff registered in pune the union has already has received 5,000 online registrations and over 150 registrations in person, said its officebearers. The provisions for recognition of trade union in the maharastra. I maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 maharashtra act no. Provisions has however been made in the state of maharashtra by maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. The trade union act, 1926 registration of trade union. There are, however, state legislations like maharashtra recognition of trade union and prevention of unfair labour practices act 1971, madhya pradesh industrial relations act, 1960 and other states like gujarat, andhra pradesh and orrisa etc.
I maharashtra recognition of trade unions and prevention 1 of unfair labour practices act, 1971 maharashtra act no. Trade unions act and state laws provide legal protections. However, each state has its own set of criteria, including minimum requisite membership. Feb 25, 2019 this act may be called the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971.
Maharashtra recognition of trade unions and prevention of. If your organisation is located in maharashtra then the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 is applicable which gives specifically rights to the unrecognised union to address individual disputes with the employer with regards to severence of employment in any form and right to appearance in domesticdepartmental enquiries. Collective bargaining is an important aspect in an industrial relation and which in turn depends on the recognition of trade union. A certificate of registration of a trade union may be withdrawn or cancelled by the registrar a on the application of the trade union to be verified in such manner as may be prescribed, or. Industrial relations in maharashtra industrial and labour disputes. The payment of expenses for the administration of the trade union including audit of the accounts of. Union cabinet approves amendment to the 1926 trade union act the amended legislation will be tabled in parliament and once passed labour ministry will issue new rules and regulations prescribing the manner of recognition of these trade unions. Get name, address and contact details for trade and labour unions in maharashtra, india. In the said act, recognition is afforded to any union which has 6months of standing and membership not less than 30% of the total employees.
I of 19721 1st february 1972 the maharashtra recognition of trade unions and prevention of unfair labour practices act,1971 amended by mah. The maharashtra recognition of trade unions and prevention. Nonrecognition of a trade union for collective bargaining constitutes an unfair labour practice. Maharashtra, west bengal, madhya pradesh, bihar, kerala and odisha have enacted rules for recognition of trade unions. Trade union act 2016 2016 chapter 15 an act to make provision about industrial action, trade unions, employers associations and the functions of the certification officer. This act may be called the maharashtra recognition of trade short title. Practices act, 1971 union and prevention of unfair labour. The kerala recognition of trade unions act, 2010 and rules. The payment of salary allowances and expenses to office bears of trade union.
The facts of the case are that the petitioners filed complaints under section 28 read with items l ab, d and f of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, l97l hereinafter referred to as the mrtu and pulp act, before the industrial courtlabour court for certain reliefs claiming that they are. Be that as it may, the recognition of trade unions refused by the employers has been considered as the major stumbling block to the healthy growth of trade unions and, in turn, collective bargaining in india. Maharashtra does not have separate societies registration act of its own, it followthe societies registration act, 1860 for registration of societies in the state. I of 19721 1st february 1972 the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 amended by mah.
Trade union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers for. Unions and prevention of unfair labour practices act, 1971. Authorities under maharashtra recognition of trade union and prevention of unfair labour practice act, powers and duties ii. Trade unions act and state laws provide legal protections to. General fund section 15 of the trade union act, 1926 lays down the purpose for which general fund of a registered trade union can be utilized namely 1.
Statistics on trade unions are collected annually by the labour bureau of the ministry of labour, government of india. As per the latest data, released for 2012, there were 16,154 trade unions which had a combined membership of 9. The preamble of the trade union act says it is an act to provide for the registration of trade union and in certain respects of define the law relating to registered trade unions the act lays down a detailed procedure for the registration and working of the trade unions. A certificate of registration of a trade union may be withdrawn or cancelled by the registrar a on the application of the trade union to be verified in. The trade union act, 1926, the only central law, which regulates the working of the unions does not have any provision for recognition of trade union. Generally, registration of trade unions under the tu act does not automatically imply that a particular trade union has gained recognition status granted by the employer. An act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state. It is hereby enacted in the twentysecond year of the republic of india as follows. Section 28 of the maharashtra recognition of trade unions. In some cases the principal act andor amendment act may not be available. An act to provide for the recognition of trade unions for. Bombay act, concern, court, employee, employer, industry, industrial court, investigating officer, labour court. The trade union is not registered under the trade union act, 1926. This act may be cited as the trade unions act 1959.
Unless different indian states have specific legal provisions pertaining to recognition of trade unions, it is generally a matter of agreement between the employer and trade union. No effective legislation providing for recognition of t. This act may be called the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. Form a application for registration of trade union. These rules may be called the maharashtra recognition of trade unions and prevention of unfair labour practices, rules 1975. An act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings.