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Labour Law > Trade Unionism (7-11) > Flashcards

Trade Unionism (7-11) Flashcards

1
Q

first “trade union” in india

A

Bombay Millhands Association

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2
Q

enforcement date of TUA 1926

A

1st June, 1927

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3
Q

ITU(A)A

A

1947
recognition of trade unions by employers

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4
Q

Section 2(g)

A

Trade Dispute

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5
Q

Trade Dispute

A

dispute b/w e-w, w-w, e-e; concerning emp, non-emp, terms of emp, conditions of labour

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6
Q

S14

A

Which acts are n/a to registered TU’s
Societies Reg Act, Co-op scy Act, Companies Act

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7
Q

S2(h)

A

trade union definition

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8
Q

trade union

A

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 restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions

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9
Q

S3

A

Appointment of Registrars
The government appoints a Registrar of Trade Unions for each state and may appoint additional and deputy registrars to exercise and discharge powers and functions under the superintendence of the Registrar

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10
Q

S4

A

Mode of Registration (7/+ members, invalidty of app)

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11
Q

S5

A

Application for Reg

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12
Q

S6

A

Provisions in rules of TU

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13
Q

S7

A

Power to call for further particulars and to require alteration of name

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14
Q

S8

A

Registration

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15
Q

S9

A

Certificate of Registration

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16
Q

S10

A

Cancellation of Registration (application by TU/obtained by fraud or mistake)

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17
Q

S11

A

Appeal

18
Q

S12

A

Registered Office

19
Q

S13

A

Incorporation of registered TU’s

20
Q

S15

A

Objects on which general funds may be spent

21
Q

S16

A

Constitution of a separate fund for political purposes

22
Q

S17

A

Criminal conspiracy in trade disputes
if agreement made in furtherance of S15, not liable to be punished u/s 120B(2)

23
Q

S18

A

Immunity from civil suit in certain cases
breaking of CoE for TU purposes

24
Q

S19

A

Enforceability of Agreements
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

25
Q

S20

A

Right to inspect books of Trade Union

26
Q

S21

A

Rights of minors to membership of Trade Unions
15 y/o’s allowed

27
Q

S21A

A

Disqualifications of office-bearers of Trade Unions
- not 18 y/o yet
- convicted of crime of moral turpitude and sentenced to imprisonment in the last 5y

28
Q

S22

A

Proportion of office-bearers to be connected with the industry
at least half should be be working in that ind

29
Q

S23

A

Change of name
2/3rd majority and satisfying S25

30
Q

S24

A

Amalgamation of TU’s
provided 1/2 is voting, and 60% vote in favour

31
Q

S25

A

Notice of change of name or amalgamation
notice signed by Secy and 7 members (for a, 7 of each TU) and sent to registrar for approval

32
Q

S26

A

Effects of change of name and of amalgamation
shall not a affect any rights or obligations of the Trade Union or render defective any legal proceeding by or against the Trade Union
shall not prejudice any right of any of such Trade Unions or any right of a creditor of any of them

33
Q

S27

A

Dissolution
Notice of dissolution signed by Secy and 7 members (for a, 7 of each TU) and sent to registrar for approval

34
Q

S28

A

Returns
annual general statement + changes in office bearers

35
Q

S29

A

Power to make regulations

36
Q

S30

A

Publication of regulations

37
Q

S32

A

Supplying false information regarding Trade Unions

38
Q

S31

A

Supplying false information regarding Trade Unions

39
Q

S33

A

Cognizance of offences

40
Q

Collective Bargaining

A

negotiations about working conditions and terms of employment between an employer, a group of employers or one or more orgs or employers on the one hand and one or more representative organisation of workers on the other with a view to convluce agreement

41
Q

4 ways for determination of conditions of terms of employment

A
  • unilaterally dictated by employer
  • imposed by union
  • regulated by govt
  • collective bargaining

Labour Law (7 decks)

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