Trade Union Membership Dilemma: Can They Refuse a Workman Who Meets All Requirements?

Can a trade union refuse membership to a workman even if he has complied with all the requirements of membership (membership fees, etc.)? If yes, under what grounds/provisions?

Regards,
Swapnil

Trade Union Membership Eligibility

The Trade Union Act is silent about the refusal of membership to any employee. However, the rules of the Trade Union, which are mandatory for obtaining registration, may provide clauses restricting membership. An employee disqualified on such conditions as specified in the rules may not be given membership. Under general law, membership is open to all employees not below the age of 14 years working in the industry for which the union is formed.

Regards,
Madhu.T.K

Can any union include this clause in their bylaws by way of amendment in the same?

Regards,
Rahul Bagale

Unless it is questioned by members of the trade union or the registrar, you can have such restrictive clauses in the rules of the trade union.

Regards,
Madhu.T.K

Dual Membership Consideration

The question of dual membership will be considered when a referendum for recognition of a trade union is sought. Normally, an employee cannot take membership in more than one union.

Regards,
Madhu.T.K

By "outsider," do you mean individuals who are not office bearers of the Trade Union? The Trade Union Act allows for up to 1/3 of the total number of office bearers, with a maximum of five, to be outsiders.

Membership

Any worker who is employed in any industry originally established and agrees to follow the rules, regulations, and objectives of the Union can become a member after depositing the requisite subscription fee. His membership would stand canceled upon his retirement from the industry or upon submitting his resignation.

Kindly share your viewpoint on the denial of new members to an employer-recognized union in line with Section 6 of the Trade Union Act 1926.