trade unions in india year 2012

70 Pages·2015·3.17 MB·English

trade unIons
In IndIa

2012

LABOUR BUREAU
MINISTRY OF LABOUR & EMPLOYMENT
GOVERNMENT OF INDIA
CHANDIGARH/SHIMLA
www.labourbureau.gov.in
PREFACE

Trade Unions have proliferated due to rapid economic development and
development in particular. The setting of industrial units involving wide spread use
of machinery, changes in working and living environment of workers,
concentration of industries in large towns have brought the workers together to
maintain and improve their bargaining power and hence their employment
conditions. The first organized Trade Unions in India named as the Madras
Labour Union was formed as early as 1918. Since then, a large number of Unions
came up in almost all the industrial centers of the country. The government of
India passed the “Trade Unions Act,1926” to regulate conditions governing the
registration of Trade Unions, obligations imposed on a registered Trade Unions
and right and liabilities there of. The Rules Framed under the “Trade Unions
Act,1926 impose obligation on the registered Trade Unions (Workers &
Employers) to submit annual statutory return in the prescribed format to the
Registrar of their respective States/ Union Territories. These State/U.T. Authorities
in turn furnish the consolidated data in respect of the entire State/U.T. to the
Labour Bureau. The Labour Bureau compiles and disseminates these statistics at
All India level.

The present biennial review presents comprehensive statistics on the
working of the Trade Unions Act, 1926 during 2012. It is based on the Annual
Returns received from the Registrar of Trade Unions of the respective States/Union
Territories.

I am thankful to the Registrar of Trade Unions of all the responding State
Government/Union Territory without, whose support it would not have been
possible to bring out this Report. I also place on record my appreciation for the
work done by the team of officers and staff members of Labour Bureau, whose
names appear in Annexure IV.

Suggestions for further improvement of this publication are welcome.

Daljeet Singh
Director General
Chandigarh
Dated : 4th February, 2015
CONTENTS
Sl. No. Title Pages

SUMMARY OF THE REPORT 1

CHAPTERS

I Salient features of the Trade Unions Act, 1926 2-6
II Growth of Trade Unions 7-9
III Finances, Assets and Liabilities of Trade Unions 10

ANNEXURES

I Statistical Tables (Sl. No 1.1 to 6.4) 11-46
II National Industrial Classification 47-57
III Blank Performae for collection of Labour Statistics 58-63
IV List of Official associated with this report 64

(i)
STATISTICAL TABLES
Table No. Title of Table Page
1.1 Number and Membership of Workers’ Unions By Major Industry Divisions for 11
the year, 2012
1.2 Percentage Distribution of Income of Workers’ and Employers’ Unions by 12
Sources during 2012
1.3 Percentage Distribution of Expenditure of Workers’ and Employers’ Unions by 13
Items of Expenditure during 2012
2.1 Growth of Registered Trade Unions and their Membership -1996 to 2012 14
2.2 State-wise Distribution of Registered Trade Unions during 2012 15
3.1 Number and Membership of Workers' Trade Unions (Central and State) by Sex 16
and States/UT's during 2012
3.2 Industry-wise Number and Membership of Worker's Trade Unions (Submittting 17-23
Retuns) by Sex at NIC 3 digit level during 2012
3.3 Number of Workers' Trade Unions (Submitting Returns) and their Membership 24
by State/Uts and State/Central Sphere during 2012
4.1 State-wise Number and Membership of Employers' Trade Unions (Submitting 25
Returns) by Sex and State/UTs during 2012
5.1 General Funds of Trade Unions Submitting Returns, 1996-2012 26
5.2 State-wise General Funds of Workers' Trade Unions (Submitting Returns) by 27
States/UTs during 2012
5.3 Industry wise General Funds of Workers' Unions (submitting returns) at NIC 2 28-30
digit level during 2012
55..66 IInnccoommee ooff WWoorrkkeerrss'' TTrraaddee UUnniioonnss ((CCeennttrraall && SSttaattee)) bbyySSoouurrcceess aanndd SSttaatteess//UUTTss 3311--3322
durng 2012
5.7 Income of Workers' Trade Unions (Central & State) by Sources and Industries 33-36
at NIC 2 digit level during 2012
5.10 Expenditure of Workers'Trade Unions (Central & State) byItems and State/UT 37-38
during 2012
5.11 Expenditure fo Workers' Trade Unions (Central & State) by Items of 39-45
Expenditure and Industries during 2012
5.14 Assets and Liabilities of Trade Unions during 2012 46
(ii)
Summary of the Report

Trade Unions are organization of Workers as well as of Employers formed to
protect and promote the interest of their members. In the year 1926 the Trade Unions
Act was passed and gave legal status to the Registered Trade Unions in the country i.e.
Trade Unions in India 1926. The present review presents information in respect of
Workers and Employers Unions, of Registered Trade Unions submitting returns by
their sex-wise membership. Besides, it also presents data of income and expenditure of
Workers Unions, Employers Unions and Federation of Trade Unions.

Growth of Trade Unions

 The total no. of registered Trade Union was 16154 in the year 2012 (Table 2.1).
 The number of Unions submitting returns was 4785 i.e. 29.6 percent of the total
registered unions (Table 2.1).
 The average membership for workers union was 1919 members only (Table 2.1).
 Out of total of 16154 registered unions as many as 16098 unions i.e. 99.7 per
cent belong to Workers and remaining 56 (0.3 per cent) unions were Employers
(Table 2.2).
 Among States/Union Territories, Karnataka accounted for the largest number of
registered Trade Unions (3726) (Table 2.2).

Growth of Workers Unions

 Out of 16098 Workers Unions, 94.3 per cent were State Unions and remaining
5.7 per cent were Central Unions (Table 3.1).
 Only 4785 Workers Unions (29.72 Per cent) had submitted the returns (Table
3.1).
 The ‘Manufacturing Group’ accounted for 37.1 per cent of the total number of
Workers Unions submitting returns, followed by ‘Transportation & Storage’ 13.6
per cent (Table 1.1).

Employers Unions

 Out of 56 registered employers unions none of them submitted returns.

Finances, Assets and Liabilities of Trade Unions

 All the 4785 trade unions submitting returns had income of ` 67 Crore against
the expenditure of ` 62.8 Crore respectively. (Table 5.1).
 Total Assets/Liabilities of Trade Unions of Workers was reported as ` 60.65
Crore. (Table 5.14).

Federations of Workers Trade Unions
 None of the Federations had submitted their returns. (Table 6.1).
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Chapter I
Salient Features of the Trade Unions Act, 1926
Trade Unions are organization of Workers as well as Employers formed
to protect and promote the interest of their members. Trade Unions have
made headway due to rapid individual development. The workers come
together to maintain and improve their bargaining power on wages and
working conditions. The first organized Trade Union in India named as the
Madras Labour Union was formed in the year 1918. From the beginning
itself, Trade Unions were not confined to workers alone. From 19th Century
itself there were Employer’s associations in the form of Chamber of
Commerce, Industrial Associations etc. to protect and promote the interests of
their members in a concerted manner. After independence, expansion of
industrial activity and grouping worker’s Trade Unions acted as a spur for
strengthening and expansion of employers’ organization.
In 1926, the Trade Union Act was passed which was a landmark in the history
of Trade Unions in the country. The Act gave legal status to the Registered
Trade Unions and conferred on them and their members a measure of
immunity from Civil Suit and Criminal prosecution. Registration of Unions
enhanced their status before general public. The Act gives protection to
registered trade unions in certain cases against civil or criminal action.
Employers and Registered Trade Unions are required to submit annual
statutory returns to the Registrar of Trade Unions of respective States/Union
Territories regarding their membership, sources of income, distribution of
expenditure and detail of assets and liabilities, who in turn submit
consolidated return on all these aspects to Labour Bureau in the specified
proformae.
1.1 Coverage
The coverage of the Act is confined to :
(a) Only persons engaged in Trade or Business (which includes an
Industry) can form a trade union or become members of the trade union. As
such persons employed in Raj Bhawan for domestic and other duties cannot
form a trade union. Likewise, the government servants engaged in the task of
sovereign and legal functions are not entitled to the registration of a trade
union.
(b) The Trade Unions Act 1926 applies to the whole of Indian Union.
(c) Any person who has attained the age of 15 years may become the
member of a registered trade union.

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1.2 Important, Definition, Concepts and Provisions of the Act

1.2.1 Trade Union: - Trade Union means any combination, whether
temporary or permanent, formed primarily for the purpose of regulating the
relation (a) between workmen and employers, or (b) between workmen and
workmen, or (c) between employers and employers or for imposing restrictive
conditions on the conduct of any trade or business. It includes any federation
of two or more trade unions.
1.2.2 Appropriate Government: - Appropriate Government means in
relation to trade unions whose subjects are not confined to one state, the
Central Government and in relation to other trade unions, the State
government.
1.2.3. Registrar : A Registrar of trade unions appointed by the appropriate
government under section 3, and includes any Additional or Deputy Registrar
of trade unions.
1.2.4. Executive:- Executive means the body, by whatever name called, to
which the management of the affairs of a trade union is entrusted.
1.2.5. Trade dispute :- Trade dispute means any dispute
(a) between employers and workmen, or
(b) between workmen and workmen, or
(c) between employers and employers, which is connected with
i) employment or non-employment, or
ii) the terms of employment, or
iii) the conditions of labour, of any person
1.2.6. Workmen :-- Workmen means all persons employed in trade or
industry whether or not in the employment of the employer with whom the
trade dispute arises.
1.2.7. Public Sector: - Public Sector means an establishment wholly owned,
controlled or managed by:
i) The Government or the department of the Government.
ii) A Government company as defined under Section 617 of the
Companies Act, 1956.
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iii) A Corporation (including Co- operative Society) established by or under
a Central, Provincial or State Act which is owned or controlled or managed by
the Government and
iv) A local authority
1.2.8. Private Sector :- Private Sector means an establishment, which is not
an establishment in the Public Sector.
1.2.9. Procedure to become members

Any person who has attained the age of 15 years may become the member of a
registered trade union. Any Such member, subject to the rules of the trade
union may enjoy all the rights of a member and execute all instruments and
give all acquaintances necessary to be executed or given under the rules. But
he cannot be an office bearer of the trade union until, he attains the age of 18
years.
Only persons engaged in trade or business which includes an
industry can form a trade union or become members of the trade union. As
such persons employed in Raj Bhawan for domestic and other duties cannot
form a trade union. Likewise, the government servants engaged in the task of
sovereign and legal functions are not entitled to the registration of a trade
union.
1.2.10. Registration of Trade Unions
(i) Trade Union Act, 1926 provides for registration of trade unions. Any 7
or more members of a trade union by subscribing their names to the rules of
the trade union and otherwise complying with provisions of this Act with
respect to registration may apply for registration of trade union under this Act
(Section 4 ) to the Registrar of Trade Unions.
(ii) The Registrar issues a Certificate of Registration in a prescribed form
which acts as evidence that trade union has been duly registered under the Act.

1.2.11. Cancellation of Registration
A certificate of registration of a trade union may be withdrawn or
cancelled by the Registrar (a) on the application of the trade union to be
verified in such a manner as may be prescribed and (b) if the Registrar is
satisfied that the certificate has been obtained by fraud or mistake or that trade
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union has ceased to exist and has will fully and after notice from Registrar,
contravenes provisions of the Act.
1.2.12. Dissolution
i) When a registered trade union is dissolved, notice of the dissolution
signed by 7 members and by the Secretary of the trade union shall, within 14
days of the dissolution be sent to the Registrar, and shall be registered by him
if he is satisfied that the dissolution has been effected in accordance with the
rules of the trade union, and the dissolution shall have effect, from the date of
such registration
ii) Where the dissolution of a registered trade union has been registered
and the rules of the trade union do not provide for the distribution of funds of
trade union on dissolution, the Registrar shall divide the funds amongst the
members in such a manner as may be prescribed.
1.2.13. Other provisions of the Act
i) The Act clearly defines the rights and liabilities of registered trade
union. It indicates the objects on which general funds may be spent.
ii) The Act also provides for constitution of a separate fund for political
purposes.
iii) The trade unions are given immunity from civil suits in certain cases
iv) The members of trade unions can inspect the books of trade unions
v) The trade unions can be amalgamated, provided votes of at least one
half of the members of each or every such trade union entitled to vote is
recorded.
1.3 Limitations
1.3.1 Limitations:- Under the Trade Unions Act, 1926, the registration of a
trade union is not obligatory. Thus information regarding unregistered trade
unions is not included in the Review. However, it is observed that response
rate of States submitting returns to Labour Bureau is very poor. During 2011
only 27% of the registered trade unions from 10 States/Union Territories and
during 2012 only 29.6 % of the registered trade unions from 15 States/Union
Territories have submitted returns in the prescribed proformae to the
concerned authorities. The data, therefore, are not strictly comparable with
those of the earlier years.
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