Additions to Trade Union Amendment of 1982

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Additional sections under 1982 Amendments:

Registrar can verify membership of trade unions:

(i) The registrar must verify membership of trade unions and send a report to the State and Central governments.

(ii) The registrar shall follow special guidelines for this procedure, and shall enjoy powers stated in Civil Court documents.

Refer Trade Union disputes to the Arbitration committee:

(i) If disputes exist between rival trade unions, the involved trade unions, upon mutual agreement, may submit the case to an arbitration committee.

(ii) An umpire shall be appointed by the arbitration committee, who shall make an award on the reference of the dispute.

(iii) The arbitration agreement is to be signed by all the involved parties seeking dispute resolution.

(iv) A copy of the arbitration agreement shall be forwarded to the corresponding authorities and published in the Official Gazette within one month.

(v) The arbitrator and related officials shall attempt to resolve the dispute and forward the proceedings to the appropriate authorities.

(vi) All awards shall be published by the government within 30 days.

(vii) Rules of the Arbitration Act 1940 don't apply here.

Reference of Trade Union Disputes to Registrar:

(i) Refer all inter-trade union disputes to the appropriate arbitration committee.

(ii) The registrar shall apply any dispute resolution regulations that deem appropriate to him/her.

(iii) The appropriate government shall plan an adjudication for dispute resolution, and abide by the plan.

(iv) The registrar shall speedly work toward dispute resolution and submit his award to the appropriate government.

(v) The registrar's award must be signed by him/her and presented in writing.

(vi) Every award of the registrar shall be published by the government within a period of 30 days.

(vii) The award is final and cannot be recalled. (viii) Opposition to the award shall be in the form of an appeal to the court.

(ix) The appropriate government shall make the reference for dispute resolution accordingly.

(x) An award made by the registrar is final and cannot be recalled.

Penalties and Fines of Section 31:

Penalties are levied for submitting returns or false incormation:

a. Failure to give a notice as required by registered trade unions.

b. Failure to send any return, or

c. Failure to send any documents.

All the officers of the trade union are responsible for overseeing that all the rules and regulations are being followed. A fine of Rs. 25 is levied upon the guilty. The total fine cannot exceed Rs. 500. The following documents are required from registered trade unions:

1. Notice of change of address of the main office of the trade union.

2. Notice of change of name of the union.

3. Notice of change of officers.

4. Copies of corrected rules.

5. Copy of every modification to established rules.

6. Notice of dissolution of trade union.

7. Annual returns for period ending March 31st.

It should be noted that if any of the above rules and regulations are broken or bent in any way, a fine of Rs 500 is imposed on the perpetuator.

Additional Readings:

1. Indian Labor Class
2. Causes of High Labor Turnover in India
3. Principles and Functions of Indian Trade Unions
4. Organizational Structure of Indian Trade Unions and Union Security Covers
5. Indian Trade Union Act of 1926
6. Additions to Trade Union Amendment of 1982
7. Problems with Indian Trade Unions
8. Recommendations of the National Commission of Labor
9. National Central Trade Union Organizations in India
10. Conduction of a Trade Union Meeting
11. Types of Union Meetings
12. Rights of Recognized Trade Unions
13. Participative Movement
14. Functions of Joint Management Councils
15. Cancellation of Indian Trade Union Registration

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