:icon14: Hi all
w.r.t. TU(Amendment)Act,2001 -
Amendment of section 4. 2. Amendment of section 4.-In section 4 of the Trade Unions Act, 1926 (16 of 1926) (hereinafter referred to as the principal Act), in sub-section (1), the following provisos shall be inserted at the end, namely:- ''Provided that no Trade Union of workmen shall be registered unless at least ten per cent. or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connecte .''.
Amendment of section 9. 5. Amendment of section 9.-After section 9 of the principal Act, the following section shall be inserted, namely:- "9A. Minimum requirement about membership of a Trade Union.-A registered Trade Union of workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or em loyed in an establishment or industry with which it is connected, as its members.''.
Amendment of section 10. 6. Amendment of section 10.-In section 10 of the principal Act, after clause (b), the following clause shall be inserted, namely:- "(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members.''.
In view of the above amended provisions, what would be the minimum workmen required to sustain a Trade Union in any establishment?
I earnestsly request all to urgently clarify.
regards,
kadalirao
From India, Jaipur
4w.r.t. TU(Amendment)Act,2001 -
Amendment of section 4. 2. Amendment of section 4.-In section 4 of the Trade Unions Act, 1926 (16 of 1926) (hereinafter referred to as the principal Act), in sub-section (1), the following provisos shall be inserted at the end, namely:- ''Provided that no Trade Union of workmen shall be registered unless at least ten per cent. or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connecte .''.
Amendment of section 9. 5. Amendment of section 9.-After section 9 of the principal Act, the following section shall be inserted, namely:- "9A. Minimum requirement about membership of a Trade Union.-A registered Trade Union of workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or em loyed in an establishment or industry with which it is connected, as its members.''.
Amendment of section 10. 6. Amendment of section 10.-In section 10 of the principal Act, after clause (b), the following clause shall be inserted, namely:- "(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members.''.
In view of the above amended provisions, what would be the minimum workmen required to sustain a Trade Union in any establishment?
I earnestsly request all to urgently clarify.
regards,
kadalirao
From India, Jaipur
Hi friends, It is strange no suggestion is recd since 10 days. I request u through something on the query in Quotes. regards, kadalirao
From India, Jaipur
From India, Jaipur
why the required membership of min 7 to registered a TU is not changed over the years despite of formation of many such TU’s in india
From India, Kharagpur
From India, Kharagpur
My reasoning suppose there are 200 workmen in such case minimum number required is 20 who are actually engaged in the establishment for registration of TU.
However if there are only 20 workmen working in the company, in view of the first proviso 2 workman can form trade union as the clause is min 10% or 100. So that may be the reason the minimum 7number is retained for registration.
regards
ravi
From United States
However if there are only 20 workmen working in the company, in view of the first proviso 2 workman can form trade union as the clause is min 10% or 100. So that may be the reason the minimum 7number is retained for registration.
regards
ravi
From United States
In order to have minimum 7 requisite members for registration, it appears logical under the amended Act that minimum workmen in the establishment always supposed to be 70 i.e. 10% of 70 = 7.
From India, Jaipur
From India, Jaipur
THE AMEDMEND..........
9A. A registered Trade Union of workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members.''
MATHEMATICAL EXPRESSION............
10% of total employees in the establishment
OR
100
- WHICH EVER IS LESS
AND
SUBJECT TO MINIMUM 7
THE INTERPRETATION
For Registration & certification of Trade Union the Union should have minimum 7 employees of the establishment/industry with which it is associated - as its member.
The earlier provision was also for minimum 7 members.
The change is the expression "shall at all times continue to have " ...Minimum 7 members...before it was necessary to have 7 members at the time of registration only and no other condition was mentioned.
ANOTHER AMENDED CLAUSE THAT HAS TO BE CONSIDERED IN THIS REGARDS
section 10.-"(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members.''.
Thus if any given point if time the trade union has membership less than 7 ..its certification is liable for cancellation,
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
9A. A registered Trade Union of workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members.''
MATHEMATICAL EXPRESSION............
10% of total employees in the establishment
OR
100
- WHICH EVER IS LESS
AND
SUBJECT TO MINIMUM 7
THE INTERPRETATION
For Registration & certification of Trade Union the Union should have minimum 7 employees of the establishment/industry with which it is associated - as its member.
The earlier provision was also for minimum 7 members.
The change is the expression "shall at all times continue to have " ...Minimum 7 members...before it was necessary to have 7 members at the time of registration only and no other condition was mentioned.
ANOTHER AMENDED CLAUSE THAT HAS TO BE CONSIDERED IN THIS REGARDS
section 10.-"(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members.''.
Thus if any given point if time the trade union has membership less than 7 ..its certification is liable for cancellation,
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
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