The amendment inserted a new Section 9A requiring registered trade unions to maintain a minimum membership of 10% of workers or 100 workers, whichever is less, in the relevant establishment or

4. WHAT IS A TRADE UNION?
A trade union or labour union is an organization of workers that
have banded together to achieve common goals such as better
working conditions. The trade union, through its leadership,
bargains with the employer on behalf of union members and
negotiates labour contracts (collective bargaining) with employers.
This may include the negotiation of wages, work rules, complaint
procedures, rules governing hiring, firing and promotion of workers,
benefits, workplace safety and policies. The agreements negotiated
by the union leaders are binding on the rank and file members and
the employer and in some cases on other non-member workers.

7. WHy WAS TRADE
UNION AcT 1926
AmENDED
The Trade Unions Act 1926 has been amended
from time to time and the most important
being the Trade Unions (Amendment) Act, 2001.
This Act has been enacted in order to bring more
transparency and to provide greater support to
trade unionism in India.

9. All office bearers of a registered trade union, except not more than one-
third of the total number of office bearers or five, whichever is less, shall be
persons actually engaged or employed in the establishment or industry with
which the trade union is connected.
Minimum rate of subscription by members of the trade union is fixed at
one rupee per annum for rural workers, three rupees per annum for workers
in other unorganised sectors and 12 rupees per annum in all other cases.
The employees who have been retired or have been retrenched shall not
be construed as outsiders for the purpose of holding an office in the trade
union concerned.
For the promotion of civic and political interest of its members, unions are
authorized to set up separate political funds.

13. AmENDmENT Of
SEcTION 9.
-After section 9 of the principal Act, the following section shall be
inserted, namely:-
"9A. Minimum requirement about membership of a Trade Union.-A
registered Trade Union of workmen shall at all times continue to have
not less than ten per cent. or one hundred of the workmen, whichever is
less, subject to a minimum of seven, engaged or em loyed in an
establishment or industry with which it is connected, as its members.''.

19. cASE LAW
The function of registrar to register the trade union was fully discussed in Re.
Indian steam navigation workers union, AIR 1936 Cal. 57. In this case
employees of all the inland steamer services in the province of W. Bengal
decided at a meeting to form a union in the name of "inland steam
navigation workers union" An application was filed before the registrar of
trade unions for its registration. An application was filed before the registrar
of trade unions for its registration. But the registrar refused the union on
The ground that Ii) the rules and the constitution of the proposed union for
all practical purposes are identical, with an existing union, the principal
officers are common to both and therefore the present application is an
attempt to have the union which was already registered, (ii) few days before
the application was filed, the general secretary of the union addressed the
government of Bengal in a letter stated that he had been directed but the
general body of Indian steam navigation workers union formerly known as
RSN & IGN. Rly.

20. Workers union, to approach the government and request that the notification
declaring the RSN & Rly. Workers union as unlawful association, might be
withdrawn, (iii) since the old union was declared unlawful by a notification under
section 16 of criminal law amendment act, 1908, the proposed union which is
nothing but old union with a new name, and hence it also an unlawful association.
In an appeal to Calcutta High court, it was held as follows:
1.The registrar appears to have acted on a letter written by the secretary to the
government, without giving the appellant any notice of it or without giving them
any opportunity of dealing with the statement therein set out. Such an
Opportunity ought to have been given before the registrar considered that letter if
indeed he ought to have considered that letter at all.

21. cASE LAW
In the case of Trilok Nath Tripathi v. Allahabad Division bench, A.I.R. 1957 all
234, it was observed that section 6 requires that no registration can be
allowed unless certain conditions given in this section are fulfilled. Rules
framed under the constitution of any trade union do not get any statutory
force. It is correct that existence of such rules framed to comply with
requirements of union. It is only in the nature of contract binding on the
members of union. Any breach of such rules cannot be enforced by a writ of
mandamus under Article 226 of the constitution. The remedy
of the aggrieved party is by way o suit.