All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
48.

The trade Union Act provide for :

A: registration of trade union
B: registration of trade union for workers
C: recognition of registration of trade union as Juristic Persons
D: All of the above

The answer is: D

Explanation

The correct option is D: All of the above.

This is because the Trade Union Act, 1926 provides for the following:

Registration of trade union: The Act lays down the procedure and conditions for the registration of trade unions under Chapter II. According to section 4, any seven or more members of a trade union may apply for registration by subscribing their names to the rules of the trade union and complying with the provisions of the Act. The application must be made to the Registrar of Trade Unions appointed by the appropriate government. The Registrar has the power to call for further particulars, require alteration of name, and register or refuse to register the trade union. The registration confers a certificate of registration and certain privileges and immunities to the trade union.

Registration of trade union for workers: The Act does not restrict the registration of trade unions to workers only, but also allows employers and other combinations to form and register trade unions. According to section 2(h), a trade union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions. Therefore, the Act provides for the registration of trade unions for workers as well as employers.

Recognition of registration of trade union as juristic persons: The Act also recognizes the registered trade unions as juristic persons, which means they have a legal personality distinct from their members and can sue and be sued in their own name. According to section 13, every registered trade union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by that name sue and be sued.