No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under Trade Union Act.

A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar: As per section 10 in The Trade Unions Act, 1926:-  if the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision.

Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.

The basic principle underlying the enactment of the Trade Unions Act is regulating the relations between workmen and employers or between workmen and workmen or between employers and employers or for imposing restrictive conditions on the conduct of any trade or business and includes any federation of two or more Trade Unions.

A registered Trade Union may constitute a separate fund from contributions separately levied for or made to that fund from which payments may be made for the promotion of the civic and political interests of its members.

Every woman entitled to maternity benefit under Maternity Benefit (Amendment) Bill, 2007 , shall be entitled to receive from her employer a medical bonus of one thousand rupees, if no pre-natal confinement and post-natal care is provided for by the employer free of charge.

Section 18 provides such immunity to the union leader.  A union leader or an office-bearer of the trade union has immunity from civil proceedings. 

As per Section 26 in the Contract Labour (Regulation and Abolition) Act, 1970, 'No court shall take cognizance of any offence under this Act except on a complaint made by or with the previous sanction in writing of, the inspector and no court inferior to that of a Presidency Magistrate or a magistrate of the first class shall try any offence punishable under this Act'.

Children allowances are not covered under Employee’s State Insurance Act, 1948. Children allowances are stated under the Children's Allowances Act, 1944. Employee’s State Insurance Act, 1948 is an act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto.

Principles of labour legislation:

Social Justice

Social Equity

National Economy

International Uniformity

According to Shri V.V. Giri, the late President of India, collective bargaining’s and mutual negotiations between management and labour should be used to settle industrial disputes.

Yes, conductor can successfully claim compensation under the Workmen’s compensation Act. As per Section 3 of the Act, the employer is liable to pay compensation, if the worker is injured by accident that:

arises out of, i.e. while engaged in work  in the course of his employment, i.e. during workhours and such an injury results in disablement of the worker.

If three conditions are met, the employer of an establishment covered by the Act, is bound to pay compensation.  

A women can avail maternity benefits upto six months under Maternity Benefit Act and Employees’ State Insurance Act.

As per section 27 of Workmens Compensation Act, 1923

Power of submit cases,

A Commissioner may, if he thinks fit, submit any question of law for the decision of the High Court and, if he does so, shall decide the question in conformity with such decision.

As per Section 3 of Workmen’s Compensation Act, 1923,

 An employer is liable to pay compensation to his workman under the Workmen’s Compensation Act, 1923 for injury caused by accident arising out of and in the course of his employment.