nder the Trade Union Act, 1926 (now known as the Employees’ Compensation Act, 1923), certain members of a registered trade union have the right to inspect the books and records of the trade union. This right is intended to ensure transparency and accountability within the union.
- Applicability of the Right:
- The right to inspect the books and records of a trade union is generally applicable to the members of the union. It is an internal right meant to empower the members to monitor the financial affairs and activities of the union.
- Request for Inspection:
- A member of the trade union who wishes to inspect the books and records must make a written request to the union’s general secretary or another authorized officer of the union.
- Access to Books and Records:
- Once a valid request is received, the trade union is obliged to allow the member access to the books of accounts and records of the union at a convenient time and place. This access should be provided within a reasonable time frame.
- Right to Copy Documents:
- Members who are granted access to the books and records have the right to take copies of any documents or records they consider necessary for their examination.
- Confidential Information:
- While members have the right to inspect the books and records, certain confidential information, such as the names and addresses of other members, may be protected and not disclosed during the inspection.
- Payment of Reasonable Fees:
- The Act allows the trade union to charge a reasonable fee for providing copies of documents or records to members during the inspection. This fee is meant to cover the administrative costs associated with providing access.
- Refusal of Inspection:
- In certain circumstances, the trade union may refuse to allow inspection. For example, if the request for inspection is frivolous or if it poses a security risk, the union may refuse. However, such refusals must be justifiable and reasonable.
- Appeal Mechanism:
- If a member’s request for inspection is unreasonably denied by the trade union, the member may appeal to the Registrar of Trade Unions. The Registrar has the authority to order the inspection if it is found to be justified.
