TRADE UNION ACT The Trade Unions Act, 1926 provides for registration of trade unions of employers and

workers and in certain respects, it defines the law relating to registered trade unions. It confers legal and corporate status on registered trade unions. The Act is administered by the concerned State Governments. Certain provisions of the Act were amended and given effect to w.e.f. 9.1.2002. 2. Some of the salient features of the Trade Unions (Amendment) Act, 2001 are:(i) No trade union of workmen shall be registered unless at least 10% or 100, whichever is less, subject to a minimum of 7 workmen 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. A registered trade union of workmen shall at all times continue to have not less than 10% or 100 of the workmen, whichever is less, subject to a minimum of 7 persons engaged or employed in the establishment or industry with which it is connected, as its members. A provision for filing an appeal before the Industrial Tribunal / Labour Court in case of non-registration / restoration of registration has been provided. All office bearers of a registered trade union, except not more than onethird of the total number of office bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the trade union is connected. Minimum rate of subscription by members of the trade union is fixed at one rupee per annum for rural workers, three rupees per annum for workers in other unorganized sectors and 12 rupees per annum in all other cases. For the promotion of civil and political interest of its members unions are authorized to set up separate political funds.

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INDUSTRIAL DISPUTE ACT Govt. of India has amended the Industrial Disputes Act 1947. The amendment has come into force w.e.f. September 15.2010 vide Govt. of. India Notification No. S.O.2278(E) date 15.09.2010. The salient features of the amendment to Industrial Disputes Act are: 1. In case of individual dispute of workman related to discharge, dismissal, retrenchment or termination by any means, now the workman has the right to approach labour court directly without waiting for conciliation proceedings and Govt. reference. But he has to wait for three months for this direct action from the date of filling his application before conciliation officer if the Govt. is not able to complete the reference process within three months. Earlier there was no such direct option available to workman to approach labour court. (Except in some states like Karnataka where State govt. has provided for direct approach to Labour court within 6 months of termination) 2. Such workman in case of individual dispute has to file claim within time limit period of three years. Earlier there was no such limitation period prescribed under the ID Act. 3. Wage ceiling of supervisor has been enhanced from Rs.1600/- per month to Rs. 10,000/- per month, which means now any person working in any industry doing any manual, unskilled, skilled, technical, operational, clerical or supervisory work drawing wages up to Rs. 10000/- will be a workman. Earlier this limit was up to Rs.1600/-By this amendment the coverage of workman has been increased and more people are covered now under the Act. 4. Definition of appropriate Govt. has been amplified. Now for the industry, corporation, PSEs owned or controlled by the Central Govt., the appropriate Govt. would be Central Govt. 5. In case of industry under the control of State Govt., appropriate Govt. would be State Govt. 6. Earlier to amendment only judicial officers were eligible to become the Judges (Presiding Officers) of labour court/ tribunal. Now with this recent amendment the Dy. Labour Commissioners/ Joint Labour Commissioners with degree of Law & having 7 years of experience can also become labour court/ tribunal judges. 7. Every industry employing 20 or more workmen is now under legal obligation to constitute and have a grievance redressal machinery in place in the organization to resolve the workers dispute at the first level. Earlier it was not legally essential. The related provisions which were brought in the ID Act in 1984 were never enforced. 8. Now a provison has been made to execute the labour court/ tribunal decision. Earlier there was no such provision in the Act and even after decision of the labour court/ tribunal there was no machinery to enforce its execution on the employer. Now

the labour court/ tribunal shall transmit its award to concerned civil court which shall execute the award as if it is a decree passed by the court.

FACTORIES ACT