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Trade Unions - K.D. Srivastava's Law Relating to Trade Unions and Unfair Labour Practices in India

by (Revised by) P.L. Malik
Edition: 4th Edition, 2002 with Supplement 2003
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Product Details:

Format: Hardcover
Pages: 870 pages
Publisher: Eastern Book Company
Language: English
ISBN: 8170127181
Dimensions: 24.2 CM X 5.05 CM X 16 CM
Publisher Code: B/718
Date Added: 2001-01-01
Search Category: Lawbooks
Jurisdiction: Indian

Overview:

Critical Appraisal of new Amendments : The new edition of this work brings to you the Trade Unions law as fully amended by and upto the Trade Unions (Amendment) Act, 2001. Important changes have been introduced by the new Amendment, in the law relating to registration of Trade Unions, minimum subscription payable by members, the election of office bearers, etc. The effect of these new changes has been critically analysed and discussed.A new case-law and statute law supplement has been added to the book bringing it up to date till 2003.

Comprehensive coverage of case-law : This authoritative work provides a detailed, section-wise commentary on the subject, incorporating therein the most recent and up-to-date case-law on the various provisions of the Act and those relating to Unfair Labour Practices.

Unfair Labour Practices : The value of the commentary has been considerably enhanced by including a detailed, in-depth study of the subject of 'Unfair Labour Practices and Recognition of Trade Unions', in Part II of the book. Parallel law of U.K. and U.S.A. has also been discussed.

Useful Appendices : A very useful part of the book are the more than 24 appendices attached to the book. These provide the various States Amending Acts, the Central and State Trade Union Regulations, The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and Rules, Procedure for verification of Membership of Unions for the purpose of Recognition under the Code of Discipline, etc.

Order today : A book, which is a must, for the Industry, Trade Union Leaders, Personnel Officers, the Bench and the Bar.

Reviews

  • All India Reporter
    The author has made the book more useful by adding in it, up-to-date case-law and the latest amendments.
  • Kerala Law Times
    This new edition will serve as a guidance and significant contribution in Labour Law to employers, employees, industry, Trade Unions, Personnel officers, and the Bench and the Bar.
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Table Of Contents:

PUBLISHERS' NOTE

PREFACE TO THE FIRST EDITION

TABLE OF CASES

THE TRADE UNIONS (AMENDMENT) ACT, 2001

PART I: THE TRADE UNIONS ACT, 1926

CHAPTER I : PRELIMINARY

Short title, extent and commencement

Definitions

State Amendments

Gujarat

Madhya Pradesh

CHAPTER II: REGISTRATION OF TRADE UNIONS

Appointment of Registrars

Mode of registration

Application for registration

Provisions to be contained in the rules of a Trade Union

State Amendments

Gujarat

Madhya Pradesh

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

Registration

Certificate of registration

Minimum requirement about membership of a Trade Union

Cancellation of registration

State Amendments

Section 10-A

Gujarat

Appeal

State Amendments

Madhya Pradesh

Section 11-A

Gujarat

Madhya Pradesh

Registered Office

Incorporation of registered Trade Unions

Certain Acts not to apply to registered Trade Unions

State Amendments

Chapter II-A

Section 14-A

Gujarat

CHAPTER III: RIGHTS AND LIABILITIES OF REGISTERED TRADE

UNIONS

Objects on which general funds may be spent

State Amendments

Maharashtra

Constitution of a separate fund for political purposes 2

Criminal conspiracy in trade disputes

Immunity from civil suit in certain cases

Enforceability of agreements

Right to inspect books of Trade Union

Rights of minors to membership of Trade Unions

Disqualifications of office-bearers of Trade Unions

Proportion of office-bearers to be connected with the industry

Change of name

Amalgamation of Trade Unions

Notice of change of name or amalgamation

Effects of change of name and of amalgamation

Dissolution

Returns

State Amendments

Maharashtra

Power of Industrial Court to decide certain disputes

Madhya Pradesh

CHAPTER III-A

Maintenance of list of approved unions

Certain Unions deemed to be approved unions

Application for an entry in the approved list

Conditions of entry in the approved list 3

Approved union to continue to be so for altered local area for sometime

Removal from approved list

Appeal

Rights of officer of approved unions

Definitions

Other powers of Registrar

Dispute as to officer of registered Trade Union

Certain officers to be public servants

Protection of action under the Act

CHAPTER IV: REGULATIONS

Power to make regulations

State Amendments

Madhya Pradesh

Maharashtra

Publication of regulations

CHAPTER V : PENALTIES AND PROCEDURE

Failure to submit returns

Supplying false information regarding Trade Unions

State Amendments

Section 32-A

Madhya Pradesh

Cognizance of offences

State Amendments

Gujarat

Maharashtra

PART II: UNFAIR LABOUR PRACTICES AND VICTIMISATION

Introductory

Legislative references

The Trade Unions (Amendment) Act, 1947

Industrial Disputes Act, 1947

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

National Labour Relations Act of 1935, United States of America

Unfair Labour Practices: National Labour Commission

Unfair Labour Practice: What amounts to

Unfair Labour Practice: Scope

Unfair Labour Practice has germs of arbitrariness and unreasonableness in its practice

Unfair Labour Practice: Charge must be specific

Victimisation: Meaning and scope

Victimisation: Pleadings

Victimisation: Power of the Tribunal/Labour Court: Scope

Victimisation: Finding of the Court in Adjudication: Effect: High Court, Supreme Court: Interference: Scope

Industrial Disputes Act, 1947: Case-law under

Sections 25-T and 25-U and the Fifth Schedule

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act: Case law under

Recognition of Unions

Legislative reference

Bombay Industrial Relations Act, 1946

Indian Trade Unions (Amendment) Act, 1947

Industrial Disputes Act, 1947 as amended by Rajasthan Acts of 1958 and 1970

Madhya Pradesh Industrial Relations Act, 1960

Madhya Pradesh Industrial Relations Rules, 1961

Relevant Forms

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

Industrial Relations Bill, 1978

National Labour Relations Act, 1935, United States of America

National Commission on Labour

Recognition of unions: Law

Recognition of unions: Not a fundamental right

De-recognition of Trade Union: Suit against: Not maintainable

De-recognition of Trade Union

Principles of natural justice whether applicable

Code of Discipline: Recognition under: Competent authority to entertain application for

Check-off facility: Granting, to unrecognised unions: Valid

Bombay Industrial Relations Act, 1946: Case-law under

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

Madhya Pradesh Industrial Relations Act, 1960

APPENDICES

PART I : STATE AMENDING ACTS

Appendix I : Indian Trade Unions (Gujarat Amendment) Act, 1961

Appendix II : Indian Trade Unions (Bombay Amendment) Act, 1956

Appendix III : Trade Unions and Bombay

Industrial Relations (Amendment) Act, 1967

Appendix IV : Indian Trade Unions

(Madhya Pradesh Amendment) Act, 1960

Appendix V : Indian Trade Unions

(Madhya Pradesh Amendment) Act, 1963

Appendix VI : Trade Unions

(Madhya Pradesh Amendment) Act, 1968

PART II : CENTRAL AND STATE TRADE UNIONS REGULATIONS

Appendix VII : Central Trade Union Regulations, 1938

Appendix VIII : A.P. Trade Unions Regulations, 1927

Appendix IX : Assam Trade Union Regulations, 1927

Appendix X : Bengal Trade Union Regulations, 1927

Appendix XI : Bihar Trade Unions Regulations, 1928

Appendix XII : Bombay Trade Unions Regulations, 1927

Appendix XIII : Gujarat Trade Unions Regulations, 1963

Appendix XIV : Kerala Trade Unions Regulations, 1958

Appendix XV : Karnataka Trade Unions Regulations, 1958

Appendix XVI : Madhya Pradesh Trade Unions Regulations, 1961

Appendix XVII : Punjab Trade Unions Regulations, 1927

Appendix XVIII : Rajasthan Trade Unions Regulations, 1959

Appendix XIX : Tamil Nadu Trade Unions Regulations, 1927

Appendix XX : U.P. Trade Unions Regulations, 1927

Appendix XXI : Model Constitution of Trade Unions

PART III: ALLIED STATE ACTS AND RULES

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Rules, 1975

Procedure for verification of Membership of Unions for the purpose of Recognition under the Code of Discipline

Subject Index

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