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Associations formed by advocates are not Trade Unions

In A. Saiyed vs State of Maharashtra, the Bombay High Court has held that the Federation of Labour
Law Practitioners cannot be registered as a trade union under the Trade Unions Act, 1926.

The court further noted that the term ‘trade union’ means any combination, whether temporary or permanent, it must be formed primarily for the purpose of 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.

The court held we do not see any industry and we do not see any relationship of employer and employer or workmen and workmen.

The district level associations as members of the 3rd respondent, therefore, are not employees, nor is the Federation their employer. If it [Federation] could not have made an  application under Chapter II for registration as a Trade Union, having failed to answer the prerequisites or pre-conditions, then, its registration as a Trade Union deserves to be cancelled.

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