Penalties, Cognizance of
offence and recovery of money due
from the employer
For illegal strike, lock-out, breach of
settlement/ award, disclosing confidential
information, closure without notice, etc.
Metropolitan magistrate or J.M.F.C. only
can take the cognizance of the offences.
3.1.14 Representation of the parties
-
- Advocate with the consent of the other party and
with the leave of the Labour Court/Tribunal/
National tribunal as the case may be, can represent
his client.
Recovery of money due from an employer
-An application before the Labour Court can be
filed.(S.33(c )
3.2 The Trade unions Act, 1926
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Legal Aspects of Hospital Management – Dr. B.G. Maniar
3.2.1 Object of the Act
To provide for the registration of Trade
Union (including association of employers)
and in certain respects to define the law
relating to registered Trade Unions.
With a view to render lawful organization of
labour to enable collective bargaining.
It confers on a registered T.U. certain
protection and privileges.
It extends to the whole of India.
It applies to all kinds of unions of workmen
and association of employers.
T.U. is a combination of persons, whether
temporary or permanent, formed for regulating the
conditions between the workmen and employer or
workmen and workmen or employers and
employers.
Any federation of two or more trade unions shall
also be a trade union.
Any person, who has attained the age of 15 years, is
eligible to be a member of T.U., subject to the Rules
of T.U.
3.2.2 Registration and cancellation
Registration of a trade union is not
compulsory but is desirable, because the
registered T.U. only enjoys certain rights
and privileges.
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Legal Aspects of Hospital Management – Dr. B.G. Maniar
3.2.3 Registration
-Any 7 or more persons can apply
-There should be at least 10% or 100
whichever is less, employed in the
establishment/industry with which it is
connected. (Sec. 4)
Minimum 7 members are the basic
necessity.
Application in the prescribed form, along
with the fee and copy of Rules; names,
address and occupation of the subscribers
and its office bearers; address of its head
office.( Sec. 5 )
At least 50 % of the office-bearers of a
union should be actually engaged in the
industry with which the T.U. is connected,
and the remaining 50 % or less can be
outsiders such as lawyers, politicians, social
workers, etc.
Cancellation- if the certificate is obtained by
fraud/mistake or willfully contravened any
provisions of the Act, or it ceases to have the
requisite number of members or the T.U. has
ceased to exist. ( Sec. 10 )
