Trade Union Act (XVI of 1926)

 

Trade Union
Act (XVI of 1926)


Recognition
granted cannot be revoked unilaterally.

Under the
Trade Union Act XVI of 1926 if a recognition was granted to a labour union,
registrar: lion of the recognition by the Registrar was not essential to the
recognition, and such recognition could not be unilaterally withdrawn.

EPR W.
League Vs. Chairman, East Pakistan. Rly. Board (1968)20 DLR 140.

 

S. 11(3)—
Appeal—Limitation—Appeal under sub-section (3) of s. 11—To be treated as suit—
Word but deemed to be or treated as suits—Appeal under s. ii, Trade Unions Act,
1926—Covered by s. 14(1), Limitation Act, 1908—Time spent before wrong Court excluded
in computing period of limitation.

General Secretary, P. W.
R. Union (Workshop), Lahore Vs. The Registrar, Trade Unions and Another,
(1969)21 PLD (Lahore) 1080.

 

S. 22(2)—Industrial
dispute between the employers and the employees in the context of the Trade
Union Act must be one which is between the employers and the workmen under the
employers.

The mere
calling of the employees by itself without reference to the employers is not
sufficient for the purpose of the qualification of the officers under section
22(2) of the Trade Unions Act. The Industrial Disputes Ordinance and the Trade
Unions Act must be read together so as to determine as to whether a particular
Union represents workmen of a particular industry for the purpose of raising an
in. dustrial dispute.

Chittagong
Mercantile Employees’ Association Vs. Chairman, Industrial Court (1966) J8DLR
45.

 

S. 28B [and
S. 49(2)]—Considering
the facts of the present case with reference to the provisions of the 1965 Act
(i. e. East Pakistan Trade Union Act) even if the petitioner (i. e. EPRW
Employees League) was granted le. gal recognition by the 1960 Ordinance, that
recognition has ceased to exist with the enactment of the East Pakistan Trade
Union Act of 1965 and the repeal of the 1926 Act unless and until it is saved
by the provisions of section 49(2) of the 1965 Act.

EPR W.
League Vs. Chairman E Pak Rly. Board (1968)20 DLR 140.

 

S. 28D— Trade
Union ceased to be a recognized Union—Possesses no locus standi to raise an industrial dispute.

A Union
having ceased to occupy the character of a recognized Union, has no locus standi, either to raise an
industrial dispute, on behalf of the members, or to take it to the Industrial
Court.

In the
instant case the position was that even if the amended provisions of the Trade
Unions Act contained in Chapter Ill-A could not be invoked by the employers
then also the duration of the agreement having expired, the appellant Union
lost its capacity to represent the workers for the purpose of raising an
industrial dispute. It’s only right conceivable could be, as a registered
Union, to represent a workman who may be a party to an industrial dispute, by
virtue of section 34 of the Industrial Dispute Ordinance, 1959. But to attract
that provision, a “dispute” requires to have been raised by a workman himself
and not by the Union on his behalf.

Chittagong
Mercantile Employees’ Association Vs. Chairman, Industrial Court (1967)19 DLR
(SC) 18.

 

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.