Section 2(n)
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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.
|
Mohiuddin Khan Vs. Pakistan River Steamers Ltd. |
29 DLR (SC) 117 |
Section 13
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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.
|
Mohiuddin Khan Vs. Pakistan River Steamer |
29 DLR (SC) 117 |
Section 15(d)
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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.
|
Mohiuddin Vs. PRS Ltd. |
29 DLR (SC) 117 |
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.
|
Chittagong Mercantile Employees’ Association Vs. Chairman, Industrial Court |
19 DLR (SC) 18 |
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.
|
Sultan Ahmed Talukder and another vs Registrar of Trade Unions and others |
9 BLC (AD) 209 |
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.
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Bangla Tea Estate Vs. Staff Association |
28 DLR (SC) 190 |
Registered Trade Union and recognized Trade Union—
|
—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.
|
Mohiuddin Khan Vs. Pakistan River Steamers Ltd. |
29 DLR (SC) 117 |
Recognized Trade Union and registered Trade Union—
|
—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.
|
Mohiuddin Khan Vs. Pakistan River Steamers Ltd. |
29 DLR (SC) 117 |