Discuss the law relating to change of name, amalgamation and dissolution of Trade Union.

Question: Discuss the law relating to change of name, amalgamation and dissolution of Trade Union.

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Answer

A trade union has a right to change its name under Section 23 of the Trade Unions Act. Additionally, the trade union can also amalgamate with another union under Section 24 and also apply for dissolution under Section 27.

The Trade Unions Act, 1926 governs the formation, registration, and regulation of trade unions in India, and provides for the change of name, amalgamation, and dissolution of trade unions in the country. Here's an overview of the law relating to these three aspects:

Change of Name:

According to Section 23 of the Trade Unions Act, a registered trade union can change its name by passing a resolution to that effect in a general meeting of its members. The resolution must be supported by at least two-thirds of the total number of members of the trade union who are present and voting in the meeting. The trade union must then apply to the Registrar of Trade Unions for approval of the name change within three months of passing the resolution. The Registrar may approve the change of name if he is satisfied that the proposed name is not identical or too similar to that of any other registered trade union.

Amalgamation:

According to Section 24 of the Trade Unions Act, two or more registered trade unions can amalgamate into a single trade union by passing a resolution to that effect in a general meeting of their members. The resolution must be supported by at least two-thirds of the total number of members of each of the trade unions who are present and voting in the meeting. The trade unions must then apply to the Registrar of Trade Unions for approval of the amalgamation within 14 days of passing the resolution. The Registrar may approve the amalgamation if he is satisfied that the rules of the trade union resulting from the amalgamation are not in contravention of the Trade Unions Act.

Dissolution:

According to Section 27 of the Trade Unions Act, a registered trade union can be dissolved by passing a resolution to that effect in a general meeting of its members. The resolution must be supported by at least three-fourths of the total number of members of the trade union who are present and voting in the meeting. The trade union must then apply to the Registrar of Trade Unions for cancellation of its registration within 14 days of passing the resolution. The Registrar may cancel the registration if he is satisfied that the trade union has complied with all the requirements of the Trade Unions Act relating to the dissolution of a trade union.

It is important for trade unions to comply with these laws when considering a change of name, amalgamation, or dissolution. Failure to comply with these laws can result in penalties, including fines and imprisonment.