Act/Law wise: Judgment of Supreme Court of Bangladesh


Trade Union Act (V of 1965)
Section/Order/Article/Rule/Regulation Head Note
Section 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. ....View Full Judgment

Section 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. ....View Full Judgment

Section 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. ....View Full Judgment

Section 28D

Trade Union Act (XVI of 1926)
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. ....View Full Judgment

Section 30

The High Court Division referred to section 30 of the Trade Unions Act, 1965 which was a repealed law and the Registrar of Trade Unions has no authority to issue a certificate to a particular committee as a genuine committee declaring another committee to be a valid one. Sultan Ahmed Talukder and another vs Registrar of Trade Unions and others 9 BLC (AD) 209. ....View Full Judgment

Section 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. ....View Full Judgment

—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. ....View Full Judgment

—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. ....View Full Judgment