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If default is made on the part of any registered Trade Union in giving any notice or sending any statement or other document as required by every office-bearer or other person bound from the rules has to give or send it.
If there is no such or person, each member of the Trade Union, shall be punished by with penalty which may extend to five rupees and in the case of a continuing default, with an additional fine which may extend to five rupees for each week after the first during which the default continues and provided that the aggregate fine shall not exceed fifty rupees.
(2) Any person who intentionally makes any false entry in, or any omission from the general statement required by section 28, or in or form any copy of rules or of alterations of rules sent to the Registrar and shall be punishable with fine which may extend to five hundred rupees.
B. Supplying false information regarding Trade Union
Any person who intent to deceive, gives to any member of a registered Trade Union or to any document claiming or applying to become a member of such Trade Union, any document claiming to be a copy of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force.
Any person who provides a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union shall be punishable with fine which may extend to two hundred rupees.
C. Cognizance of offence (Section 33):
(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.
(2) No court shall take cognizance of any offence under this Act unless complaint thereof has been made by or with the previous sanction 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed.
Provisions of the Act
The main provisions of the act relate to
2. Registration of trade unions
3. Duties and liabilities of registered trade unions
4. Rights and privileges of registered trade unions.
5. Amalgamation and dissolution of trade unions.
6. Submission of returns
7. Penalties and fines.
8. Power to make regulations.
Registration & Application
Any seven or more members of a Trade union may with respect to registration can apply for registration of the trade union under this Act.
Each application for registration of a Trade union shall be made to the Registrar with the copy of the rules of the trade union and a statement of the following details:
(a) Names, occupations and addresses of the members who makes the application
(b) The name of the trade union and the address of its Head Office
(c) The names, titles , ages, occupations and addresses of the office bearers of the trade union.
The Trade Unions Act Does Not influence
1. Any agreement between partners in their own business
2. Any agreement between an employer and employees of him
3. Any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.
EXISTING TRADE UNIONS
In India, there are ten Central Trade Union Organizations which are detailed as follows:
All India Trade Union Congress (AITUC)
It was established in 1920 as a result of a pledge passed by the organized workers of Bombay who met in a conference on 31' October 1920. It was attended by such first rank political leaders as Motilal Nehru, MA Jinnae, Mrs. Annie Besant and Vallabhai Patel . It is the second largest union in India and Lala Lajpat Rai was the first president of AITUC.
Bharatiya Mazdoor Sangh (BMS)
This union has been formed by the decision taken by the Jana Sangh in the conference on 23rd July, 1954 at Bhopal.
Centre of Indian Trade Unions (CITU)
It was established in 1970 after the separation from AITUC
Hind Mazdoor Sabha (HMS)
The members of the Congress party who were dissatisfied with its policies of the INTUC have formed a newunion called Hind Mazdoor panchayat, which was amalgamated with the Indian Federation of Labour in 1948 and after this it was named as the Hind Mazdoor Sabha.
Indian National Trade Union Congress (INTUC)
As AITUC was under the monopoly of the Communists in 1948, so the Congress labour leaders thought to form a new central trade union organization. For this, a forum was held at New Delhi under the chairman ship of Sardar Vallabhai Patel. The INTUC was established on 4th May, 1948, as a result of the decision passed on 17th November 1947. It was inaugurated by Shri Acharya J.B. Kripalani (on May 3, 1947) and was attended by prominent social and national leaders.
National Front of Indian Trade Unions (NFITU)
It is the only trade union which is not controlled by any of the political parties, employers or government of India. This union was originated in 1967.
National Labor Organization (NLO)
United Trade Union Congress (UTUC)
For the purpose to form a new central organisation of labour, some trade union leaders of the Hind Mazdoor Sabha in December 1948. Some of them did not agree with the principles and objectives of the HMS therefore, they again met on December 27, 1948 at Calcutta and decided to form a united Trade Union Committee. This Committee called for a meeting of the various leaders at Calcutta on April 30, 1949 and formed a new union named as United Trade Union Congress.
United Trade Union Congress - Lenin Sarani (UTUC - LS)
It is the 6th largest trade union of India. It is the labour wing of the Socialist Unity Centre of India. Currently its movements are spread across 19 states. It claims to have 600 associated unions, including an individual membership of over two million members.
AFFILIATED ORGANISATIONS UNDER INTERNATIONAL TRADE UNION CONFEDERATION
Hind Mazdoor Sabha (HMS)- 5,788,822
Indian National Trade Union Congress- (INTUC) 8,200,000
Self-Employed Women's Association- (SEWA) 1,325,752
STRUCTURE OF TRADE UNIONS
The structure of unions is the foundation on which unions are structured and the pattern whereby the plant unions are connected to regional level or national level federations or unions.
In India mostly, unions are classify by industry rather than craft. Though there is the trend of industrial unionism, nowadays craft unions have also emerged. Such type of craft unions exist among non-manual or knowledge workers such as administrative staff, professionals, technicians, etc. The sole example of craft union of manual workers is Ahmedabad Textile Labour Association .
The structure of unions in India also relates according to their pattern of relationship. It is decide according to whether the unions is at national level, regional level, local level or at plant level union.
In India it is linked as follows:
Plant level Unions
The first level in the structure from bottom is the plant level union. This consist of the unions of one organization or factory. This has lead to multiple unions in one factory
Local Level federations.
The second level in the structure from the bottom is the local level federations. The local trade union federation holds collectively the plant level unions in a that craft and industry. These local level federations is associated to either some national level or regional level federation It can also be formed as an independent union.
Regional level federations
These are the organisations of all the constituent unions in a particular state or region.
The importance of such federations cannot be overstated. In a country like India, where languages, customs, traditions, conditions, life style etc. are differ from each region, and conditions vary from region to region.. Therefore, it is better if workers are organised at regional or state level.
These regional federations may have members of two kinds:
(1) The local federations
(2) The plant level unions
In the local federations, plant level unions become the members of regional federation indirectly through the local federations.
The regional federations are independent or they may get associated with some national federation.
These are national level bodies to which local unions, plant level unions and regional level unions may get associated. It is the apex body at the top of the structure of the trade unions. They act as coordinating bodies. These national federations may have their own regional or state level coordinating bodies to which the plant level unions may get affiliated.
PROBLEMS WITH TRADE UNIONS
The small size of unions
The main problem with trade unions of India is that the sizes of trade unions haven't been satisfactory enough to have sufficient funds and provide legal help to its members. Another problem is that the lack of participation of woman to become member of trade union. The percentage of women members is only 6-8%. The average size of a trade union in India is about 800. thus, this small size of trade unions weaken the collective bargaining power of the overall union which makes legal rights inaccessible.
Multiplicity of Trade Unions and rivalries
Influential political parties have established their own trade unions with the aim of spreading their political power. This causes an poor and detrimental growth of trade unions. Multiple trade unions are really an evil.
Generally, workers contribute toward their trade union membership fees when it is extremly necessary otherwise they don't. The lack of enough funds thwart trade unions from offering support for welfare activities for labour such as health issues,benefits, to support strikes, and hire paid staff. Another reason for financial weakness is due to the existence of rival trade unions.
Area-wise and Industry-wise:
It is not necessary that trade unions can have growth in all types of industries. The industries that have make out growth of trade unions are in the area of, coal mines, food, plantations, textiles, printing press, utility services, transportation, communications and commercial activities. In general, trade union activities are limited to large scale industry.
Sometimes unions have the office bearers from the educated class as doctors, lawyers, politicians, etc., who has no work experience or work history with the related union. Such type of foreign leadership creates barriers between bottom level workers and upper level management. Union leadership should be arise within the labour class.
Political involvement in unions
Today most major unions have political influence and are run by rival political parties. They use their political power to spread their political agenda and for their political interest.
Recognition of trade unions
The registration process of any trade union is very long process. In the initial stages, union recognition is very difficult. There is a long list of standard conditions that a union must meet in order to become a certified and recognized trade union in the industry.
WTO & India
â€¢ India is a founder member of the General Agreement on Tariffs and Trade (GATT) since 1947. World Trade Organization (WTO) is its successor. It came into effect on 1st January,1995 after the conclusion of the Uruguay Round (UR) of Multilateral Trade Negotiations.
â€¢ India's participation in such rule based system in the governance of international trade is to assurance more reliability and certainty, which ultimately lead to more trade and affluence for itself and for 134 other countries which are now the part of WTO.
â€¢ INDIA's ranking in leading exporters and importer in world merchandise trade,2007 is 26 , & in leading exporters and importer in world commercial services 2007 is 9.
â€¢ Members all agreed that India's economic performance has been impressive, with GDP growth averaging over 7% between 2001/02 (fiscal year, April-March) and 2006/07; growth has been particularly rapid since 2003, averaging over 8.5% and has translated into improved social indicators, including a reduction in the percentage of the population living below the poverty line.
â€¢ India's active role in the joint trading system was highly praised, and members encouraged it to continue to show leadership in bringing the Doha Round to a successful conclusion.
â€¢ India remains a major user of anti-dumping measures, although the number of investigations and measures in force has been declining. Members insisted on India to exercise maximum restraint in initiating anti-dumping in imposing such measures.
â€¢ Members noted continued government intervention in agriculture through; inter alia, high tariffs, price support, and direct subsidies to inputs. In India, the agricultural sector growth remains very slow and unpredictable which cause extensive distress to small and minor farmers.
As human labor became the source of surplus value, it has been confined and exploited. On the one hand, surplus is appropriated by the ruling classes to enrich themselves, whereas working people effort to free themselves from the misuse.In present situation, it is radically modified relations of production to grow to new socio-political systems, where labor has found himself with the new bondage. The following are the major trade unions of Gujarat:
Self Employed Women's Association (SEWA)
SEWA is a registered trade union It was established in 1972. It is an organization self-employed women workers. These are the women who earn through their own small businesses or labour work. These are the women who do not get regular salaried employment like workers in the organized sector.
These are woman workers who have no permanent employee-employer relationship and depended on their own labour for survival. They are poor, often illiterate and helpless. They hardly have any property or working capital. But they are very active efficiently contributing very significantly to the economy and society with their labour.
It is the national union. It has registered trade unions in Gujarat, Bihar, Madhya Pradesh, Uttar Pradesh and Kerala. all members are women employees of the informal economic sector. Through the national council, each state-level union has representation in the national SEWA.
SEWA is both an organisation and a movement. The SEWA movement is union of three movements : the womens' movement the labour movement and the cooperative movement. Through these womens' own movement, they become strong and visible.
There are four types of self-employed workers at SEWA:
1. Vendors, hawkers, and small scale business women like vegetable and fruit vendors, fish, egg and other food items, household goods and services.
2. Home-grown workers whose activities are such as papad making, weaving, bidi and agarbatti making , ready-made garment workers
3. Physical labourers & service providers like agricultural laborers, construction workers, contract labourers, handcart pullers, head-loaders, domestic workers etc.
Membership Data of SEWA as per 2008
In India, total number of members : 9,66,139
In Gujarat, total number of members : 5,19,309
New socialist movement(NSM)
The New Socialist Movement (NSM) is the working people's movement to liberate themselves from bondage and set free from the massive productive forces which bind by the ruling classes like landlords, slave owners, capitalists. The NSM started as a movement of grass root workers due to the effect of labor union struggles in Gujarat in 1979. Its main aim was to enhance the political awareness among the working classes.
At the beginning it is started with the banner of Gujarat Federation of Trade Unions (GFTU), in 1990 led to the struggle for social and democratic rights. It is a political movement which is organised mainly to organize working people for a decisive political battle.
Its growth and development susiquently slow due to the political environment of Gujarat which permitte little scope for any new political party. NSM's leadership includes protestors of the trade union movements that controlled the workers of the research, development, training and educational institutes in the 1980s. Since 2011, the party chairman was Dr. Mukul Sinha,who have formed PRL Employees Union in 1979. The general secretary of NSM is Mr. Amrish Patel who is the secretary of Gujarat Mazdoor Sabha.
Gujarat Employers' Organisation
Gujarat Employers' Organisation (GEO)is formed in 1979 based at Vadodara. It has widen its area of operation to across Gujarat. In 1981, GEO was registered as employers' trade union. Its aim is to promote harmony amongst employers and employees and help developing and maintain affable relationship between employees and employers. GEO is been playing a vital role in coordination of industrial relations( IR) & has brought about the drastic change in work culture, beliefs and environment of various sectors of Gujarat.
Grameen Mazdoor Sabha
Gramin Majdoor Sabha was formed in 2005. Its aim is to ensure administration for better implementation of Gujarat Rural Employment Guarantee Scheme, 2006 and the National Rural Employment Guarantee Act, 2006. The main purpose of this trade union is to offer education to society, spread awareness regarding employment and help the rural labour force. It is a trade union of rural workers in the unorganized sector. It is spread in 8 districts of the Gujarat State. These are Panchmahals, Sabarkantha, Patan, Dang, Narmada, Valsad, Navsari and Surat.
The GMS organize the village level as well as taluka level awareness workshops for activists to ensure that all families of majdoors that had demanded work received 100 days of work and are paid more than 100 Rs. per day. They have also make sure that minimum wages are paid to all workers.