Trade Union
Act (V of 1965)
S.
2(n)—Trade Union of the employees—Constitution of—for collective bargaining.
The right of
the employees of an establishment to collective bargaining for their legitimate
interest is one of the corner-stones of modern legislations. A trade union of
employees has been recognized as a very effective vehicle of such collective
bargaining. The East Pakistan Trade Union Act, 1965 which was enacted on
repealing the Trade Union Act of 1926 has embodied provisions for constitution
of a Trade Union of workers as well as of employers primarily for the purpose
of regulating the relation between workers and employers or workers and workers
or between employers and employers as wills appear from the definition of a
Trade Union as given in section 2(n) of the Act.
Mohiuddin
Khan Vs. Pakistan River Steamers Ltd. (1977) 29 DLR (SC) 117.
—Registered
Trade Union and recognized Trade Union—their object.
The Trade
Union Act makes provision for registered Trade Unions and also for what has
been termed in the Act of a recognized Trade Union. The object of the Act as
recited in the preamble of the Act is for providing for the registration and
recognition of trade unions and in certain respects, for defining the law
relating to registered trade unions and recognized trade unions and for matters
connected therewith.
Mohiuddin
Khan Vs. Pakistan River Steamers Ltd. (1977)29 DLR (SC) 117.
—Recognized
Trade Union and registered Trade Union—Difference between the two.
From the
recital in the preamble of the Act it is clear that the legislative intent was
that both recognized trade unions as well as registered trade unions which were
not recognized should have functions under the Act. A recognized Trade Union
must necessarily be a registered Trade Union but a recognized Trade Union
appears to have some special advantage in the matter of negotiation and
conclusion of agreement with the employer in certain cases, which is .not
enjoyed by a registered Trade Union, if not recognized.
Mohiuddin
Khan Vs. Pakistan River Steamers Ltd. (1977)29 DLR (SC) 117.
S. 2(n) and
(o)—Difference in meaning of the terms ‘Workers’ and “Trade Union” in Act V of
1965 and in Act XVI of 1926.
The
expression “Trade Unions Act, 1926” was wider, inasmuch as there could be a
combination of workmen and employers for the purpose of constituting a Trade
Union, but in the present Act there can be a combination of only workers or
employers but not of workers and employers.
Manager, Glaxo Laboratories Ltd. Vs. General Secretary, Glaxo Employees (1969) 21 DLR 18.
S. 10(2)—The
petitioner (a registered trade union) served strike notice upon the
employer—The employer subsequently withdrew the registration— Such withdrawal
of registration will not invalidate the strike notice.
The
Conciliation Officer was not correct in holding that the strike notice had no
validity on account of the withdrawal of the registration, although he is
empowered under the first proviso to section 5 (1) of the Labour Disputes Act
to satisfy himself as to the validity of a notice of strike before holding
conciliation proceeding. Even if no order slaying the operation of the order of
withdrawal of registration had been made by the Labour Court, the legal
position would not have been different inasmuch as the strike notice was given
at a time when the petitioner was a registered Trade Union.
General
Secretary Employees Union Wapda Vs. Government of East Pak. (1969) 21 DLR 529
S. 13—Distinctive
marks of registered Trade Union.
A registered
Trade Union has been given under section 13 of the Trade Union Act, 1965 the
status of a juristic person having a perpetual succession with power to acquire
and dispose of property and to contract.
Mohiuddin
Khan Vs. Pakistan River Steamer (1977) 29 DLR (SC) 117.
S.
(15(d)—Functions which a Trade Union discharges.
From the
provisions in clauses (c) and (d) of s. 15 of the Act it is clear that one of
the main objectives of a registered Trade Union is to undertake the prosecution
or defense of any legal proceedings for the purpose of securing or protecting
any right arising out the relation of any member of the Trade Union to his
employer and also for conducting labour disputes on behalf of the Trade Union
or any of its members.
Mohiuddin
Vs. PRS Ltd. (1977)29 DLR (SC) 117.
— Dispute
raised by some workers on behalf of whole body of the workers not maintainable
unless such approach is made by a recognized Trade Union.
Manager,
Swiss Boring Overseas Corporation Ltd. Vs. Shamsul Huq (1969)21 DLR 435.
S. 35—Officer of
recognized Trade Union is entitled to negotiate with employer on matters of
employment, etc. and as such he is an officer within the meaning of s. 35.
Bangla Tea
Estate Vs. Staff Association (1976)28 DLR (SC) 190.
S. 49(2)—Registration
of a union affected under Act XVI of 1926 is to be treated as registered under
Act of 1965.
An action
taken, namely the registration under repealed Act will also be deemed to be an
action taken under the new Act so long as it is not proved that the union as
constituted cannot be registered under the present Act.
Manager,
Glaxo Laboratories (Pak.) Ltd. Vs. General Secretary, Glaxo Employees (1969)21
DLR 18.